Should the United States Ratify the
U.N. Convention on the Rights of the Child?
Match the arguments on the separate sheet to the corresponding concern on the chart.
Arguments For Ratification
Concern 1:
Does signing the Convention as an international treaty created and
enforced by non-American entities have any effect on the
independence of the United States?
Concern 2:
The Convention involves many areas of law that are currently
regulated by individual states in the United States—e.g. schooling,
divorce and custody issues, juvenile courts, welfare services, so
what effects would ratification have on the relationship between
the federal and state governments?
Concern 3:
If the Convention protects children, does this also include unborn
children?
Concern 4:
How might ratification of the Convention affect parent-child
relationships in the United States?
Concern 5:
What effects would ratification of the Convention have for U.S.
foreign policy?
Concern 6:
How effective is the Convention at protecting children’s rights?
Concern 7:
Does the American public support U.S. ratification of the
Convention?
Concern 8:
How is the Convention effectively enforced?
Arguments Against Ratification
E
I
H
B
F
L
C
J
G
M
K
N
A
O
D
P
Should the United States Ratify the
U.N. Convention on the Rights of the Child?
Arguments For and Against U.S. Ratification of the U.N. Convention on the Rights of the Child
A. Recent bipartisan polling indicates that 62% of Americans favor ratification. Source: First Focus
B. The Convention would enact human rights laws for both the nation and the states that
Congress otherwise has no power to legislate and are traditionally governed by individual
states. Ratifying the Convention would grant the federal government additional authority over
the states.
Source: Harvard Human Rights Journal
C. The Convention recognizes the family as “the fundamental group of society,” and clearly
respects parents’ authority to raise and protect their children, so ratification of the Convention
would strengthen family relationships in the United States.
Source: Harvard Human Rights Journal
D. The power of the Convention comes from the mutual examples and public pressure from
countries around the world. Violators may be publicly admonished by governments, lose
funding for certain programs, or face economic sanctions.
Source: United Nations
E. The Convention would become law in the United States only after action from Congress and
the President, so Americans consent to the laws becoming part of U.S. law. There are also
protections in place to prevent the erosion of federal power by international treaties. Treaties
are often ratified with certain explanations or caveats explaining how the laws will be adopted
in the United States. The Convention may be modified before ratification with Reservations,
Understandings, and Declarations put in place by Congress.
Source: Harvard Human Rights Journal
F. The Convention does not take a position on reproductive rights, family planning, or abortion.
Each country that signs the treaty may determine its own laws.
Source: Harvard Human Rights Journal
G. Ratification of the Convention would strengthen U.S. credibility abroad and give the United
States a larger platform from which to pursue the advancement of children’s rights,
particularly in countries with poor human rights records.
Source: Congressional Research Service
H. Most state policies are already in line with the guidelines in the Convention, so nothing would
change. For others, ratifying the Convention would not violate Congress’ power to control
state activities. The United States Supreme Court ruled in Missouri v. Holland (1920) that the
government’s treaty-making power gives them authority over the states that is otherwise
prohibited by the Constitution. The United States also has many policies in place to make sure
that treaties such as the Convention do not unfairly infringe upon states’ rights.
Source: Harvard Human Rights Journal
Should the United States Ratify the
U.N. Convention on the Rights of the Child?
I. Giving force to the Convention’s transnational rules laid down by non-American decision
makers surrenders U.S. power in determining what laws will govern the U.S. Non-American
and non-elected officials crafted and enforce the Convention, yet Americans will be bound by
its laws.
Source: Harvard Human Rights Journal
J. Protections in the Convention include “the right of the child to freedom of thought, conscience
and religion,” “freedom of expression,” “freedom of association,” “access to information,” and
outlaw the “arbitrary or unlawful interference with his or her privacy,” and “corporal
punishment,” which interfere with parental rights. Children are granted unprecedented
amounts of autonomy, which would endanger their health and development.
Source: Harvard Human Rights Journal
K. Many countries have used the Convention as a basis for strengthening child rights legislation.
This has led to decreased infant mortality, increased education opportunities, and the growth
of human rights organizations for children.
Source: United Nations
L. The Convention does not explicitly identify unborn children as protected under the guidelines,
so ratification would endorse and encourage abortions.
Source: Harvard Human Rights Journal
M. The United States is already an international leader in advancing children’s rights, so U.S.
ratification of the Convention has no impact on its ability to advocate children’s rights to
foreign governments.
Source: Congressional Research Service
N. Countries that the international community might regard as human rights abusers are parties
to the Convention. Ratification may actually serve as a façade for governments that abuse
children’s rights.
Source: Congressional Research Service
O. Recent bipartisan polling indicates that 38% of Americans were either against or undecided
about ratification. This suggests that more than one third of the American public was not
explicitly in favor of ratification.
Source: First Focus
P. The United Nations, as an international organization rather than a state government, admits
that there is no ways for it legally enforce the Convention or formally penalize violators.
Source: United Nations