Skip to comments.Threat to U.S. Sovereignty July 26 Senate Vote: UN Convention on Rights of Persons with Disabilities
Posted on 07/25/2012 11:05:11 PM PDT by bd476
Via e-mail today
July 25, 2012
Michael Farris is founder and chairman of Homeschooling Legal Defense Assocation HSLDA, and homeschooling father of 10.
Dear HSLDA Members and Friends:
After a brief postponement the U.S. Senate has decided to continue to push forward the UN Convention on the Rights of Persons with Disabilities (CRPD) and has scheduled a mark-up and committee vote for tomorrow.
As we have mentioned in previous updates, HSLDA believes that this treaty, while sounding good in name, could become a tool to restrict our rights as citizens and parents.
While some senators on the Foreign Relations Committee expressed such concerns, the majority still support the treaty.
We urge you to continue to contact your senators and share your concerns about the risks of signing the UN CPRD. Please also urge all of your friends and family to call their senators.
You can call the U.S. Senate switchboard at (202) 224-3121, or use HSLDAs Legislative Toolbox to contact your senators and oppose this dangerous treaty.
Please give your senators some or all of the following message:
"I urge you to oppose the UN Convention on the Rights of Persons with Disabilities. This treaty surrenders U.S. sovereignty to unelected UN bureaucrats and will threaten parental control over children with disabilities.
Our nation already has laws to protect disabled Americans. This treaty is unnecessary and will hurt families.
If the Senate ratifies this treaty, it would be the first time ever that the U.S. has ratified a treaty that obligates us to recognize economic, social, and cultural entitlements as rights under domestic law. Please take the time to examine this treaty carefully."
That is the question as the U.S. Senate Committee on Foreign Relations holds a
hearing VOTE on the UN Convention on the Rights of Persons with Disabilities (CRPD) Thursday, July 12 26.
This treaty, if ratified by the U.S. Senate, would turn the parent-child relationship on its head by establishing a dangerous new legal standard for dealing with children with disabilities: the best interests of the child standard.
The CRPD states: “In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.” Article 7(2)
This simple sentence means that any decision a parent makes regarding the care, education, or upbringing of a child who has any disability could be subject to review by a social worker, court, or even a United Nation’s official.
We urge you to do two things. First, please call your two U.S. senators and urge them to oppose this dangerous United Nations power-grab. The Capitol Switchboard phone number is 202-224-3121, or you can use HSLDA’s Legislative Toolbox. Second, please call the White House and urge President Obama to withdraw the CRPD. The White House Switchboard phone number is 202-456-1414.
HSLDA Founder and Chairman Mike Farris has written a memo on the dangers to U.S. sovereignty, family freedom, and homeschooling if the U.S. Senate votes to ratify the CRPD. You can read his memo online. In addition, Mike Farris will testify against the CRPD on Thursday.
We encourage you to read the text of the UN Convention on the Rights of Persons with Disabilities. People with disabilities are precious. Parents who are raising children with disabilities will tell you it is one of the hardest things they have ever done, but also one of the most rewarding things in life. We all want to show our love and care for people with disabilities. This treaty, however, is not the way to do it. There are numerous state and federal laws which protect our precious citizens with disabilities. The CRPD—if ratified by the Senate—would do great harm to disabled children and adults by subjecting parents, families, and caregivers to UN oversight, regulation, and control. For specific harm to homeschool families, you can read our additional research paper.
May 29, 2012
Michael P. Farris, Esq., LL.M.
Founder and Chairman
HSLDA has written about the threats posed to homeschool freedom by the UN Convention on the Rights of the Child (CRC) and the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
However, there is a third dangerous United Nations convention. This is the UN Convention on the Rights of Persons with Disabilities (CRPD).1 President Obama sent it to the U.S. Senate for ratification on May 18, 2012.
CRPD was adopted by the UN General Assembly on December 13, 2006, and entered into force on May 3, 2008, after it received its 20th ratification. The Optional Protocol to the Convention went into force on the same day after it received its 10th ratification. The CRPD was signed by President Obama on July 30, 2009. Since it has been sent to the U.S. Senate for ratification by President Obama, the U.S. Senate could vote to ratify this treaty at any time.
CRPD calls for numerous protections for people with disabilities. Many of these protections are included in U.S. law as part of the Americans with Disabilities Act (ADA). However, CRPD also includes numerous provisions drafted by the United Nations which would concern many U.S. citizens. Like the CRC and CEDAW, if ratified, the Convention on the Rights of Persons with Disabilities would become the supreme law of the land under the U.S. Constitution’s Supremacy Clause in Article VI, would trump state laws, and would be used as binding precedent by state and federal judges. Since it is a treaty, the U.S. Constitution requires that it must be ratified by two-thirds of the U.S. senators present at the time of the vote, or 67 senators if all 100 U.S. senators were present.
1. Any remaining state sovereignty on the issue of disability law will be entirely eliminated by the ratification of this treaty. The rule of international law is that the nation-state that ratifies the treaty has the obligation to ensure compliance. This gives Congress total authority to legislate on all matters regarding disability law—a power that is substantially limited today. Article 4(5) makes this explicit.
2. Article 4(1)(a) demands that all American law on this subject be conformed to the standards of the UN.
3. Article 4(1)(e) remands that “every person, organization, or private enterprise” must eliminate discrimination on the basis of disability. On its face, this means that every home owner would have to make their own home fully accessible to those with disabilities. If the UN wants to make exceptions, perhaps they could. But, on its face this is the meaning of the treaty.
4. Article 4(1)(e) also means that the legal standard for the number of handicapped spaces required for parking at your church will be established by the UN—not your local government or your church.
5. Article 4(2) requires the United States to use its maximum resources for compliance with these standards. The UN has interpreted similar provisions in the UN Convention on the Rights of the Child to criticize nations who spend too much on military issues and not enough on social programs. There is every reason to believe that the UN would interpret these provisions in a similar fashion. The UN believes that it has the power to determine the legitimacy and lawfulness of the budget of the United States to assess compliance with such treaties.
6. Article 6(2) is a backdoor method of requiring the United States to comply with the general provisions of the UN Convention on the Elimination of All Forms of Discrimination against Women. This treaty enshrines abortion rights, homosexual rights, and demands the complete disarmament of all people.
7. Article 7(2) advances the identical standard for the control of children with disabilities as is contained in the UN Convention on the Rights of the Child. This means that the government—acting under UN directives—gets to determine for all children with disabilities what the government thinks is best.
Additionally, under current American law, federal law requires public schools to offer special assistance to children with disabilities. However, no parent is required to accept such assistance. Under this section the government—and not the parent—would have the ultimate authority to determine if a child with special needs will be homeschooled, attend a private school, or be required to accept the program offered by the public school.
8. The United States, as a wealthy nation, would be obligated to fund disability programs in nations that could not afford their own programs under the dictates of Article 4(2). This is what “the framework of international cooperation” means.
9. Article 15’s call for a ban on “inhuman or degrading treatment or punishment” is the exact same language used in the UN CRC which has been authoritatively interpreted to ban any spanking by parents. It should be noted that Article 15 is not limited to persons with disabilities. It says “no one shall be subjected to … inhuman or degrading treatment.” This means that spanking will be banned entirely in the United States.
10. Article 25 on Education does not repeat the parental rights rules of earlier human rights treaties such as the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social, and Cultural Rights. This is an important omission. Coupling this omission with the direct declaration of “the best interest of the child” standard in Article 7(2), this convention is nothing less than the complete eradication of parental rights for the education of children with disabilities.
HSLDA urges homeschoolers and all freedom-loving Americans to contact their U.S. senators and urge them to oppose this dangerous UN treaty.
Read this source for more detailed quotes about CRPD.Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities
July 13, 2012
Michael P. Farris, Esq., LL.M.
Founder and Chairman
Senator John Kerry announced yesterday that he plans to pass the UN Convention on the Rights of Persons with Disabilities before July 26—just 13 days from today. He has scheduled a formal committee vote next Thursday—July 19. This is an unprecedented attempt to jam a binding international treaty through the Senate without proper time for debate or consideration.
Yesterday’s “hearing” was a carefully orchestrated attempt to get this treaty ratified without any serious consideration. There were nine total witnesses. Only two people opposed to the treaty were allowed to testify—Steven Groves from Heritage Foundation and me.
The administration seeks to promote two ideas that are simply inaccurate: 1. Disabled Americans who travel overseas will directly benefit by U.S. ratification of this treaty; 2. Ratifying a treaty does not require us to comply with international law.
They are arguing that a treaty is an empty promise with no actual substance. The Supremacy Clause of the Constitution makes it clear that the administration is wrong. Treaties form a part of the Supreme Law of the Land once ratified.
And no one even attempted a serious answer to our core parental rights concern.
Article 7 of the UNCRPD gives government the ability to override every decision of a parent of disabled children if the government thinks that its views are in “the best interest of the child.”
This is a radical attempt to take away parental rights. Make no mistake—if they succeed at ratifying this treaty, the Convention on the Rights of the Child is next. This is not a battle just for parents with disabled and special needs children. This is a battle for every parent.
We absolutely must flood the U.S. Senate with phone calls. Senator Durbin mentioned that they were hearing from homeschoolers (and he was annoyed at us for voicing our opinion of his side’s planned assault on parental rights.) But, we need to do even more.
This is the most important issue that we will face this year. By July 26—up or down—we will either take another step toward becoming the subjects of a world government or we will preserve our rights as American citizens.
I urge you all in the strongest possible terms—call both of your U.S. senators today. If you have called them in their Washington, D.C. office—call them again in their in-state district offices which you can find online.
Please give these senators some or all of the following message:
“I urge you to oppose the UN Convention on the Rights of Persons with Disabilities. This treaty surrenders U.S. sovereignty to unelected UN bureaucrats, and will threaten parental control over children with disabilities. Our nation already has laws to protect disabled Americans. This treaty is unnecessary and will hurt families. If the Senate ratifies this treaty, it would be the first time ever that the U.S. has ratified a treaty that substantially impacts domestic law. Please take the time to examine this treaty carefully.”
The Capitol Switchboard’s phone number is 202-224-3121, or use HSLDA’s Legislative Toolbox.
Get everyone you know to call their senators as well. Network. Facebook. Phone lists. Every place you can network—please do it.
And pray like mad.
Taking away our parental rights won’t build wheelchair ramps for disabled Americans who travel to other countries. The promise being made that this treaty will result in new accessibility options in foreign countries is an illusion.
The demise of our parental rights is a certainty.
Call. Call. Pray. And Call.
Senator Kerry: Well Pass the CRPD by July 26
I hope I'm still alive that day that Dick Durbin finds out as all of us will, that we do not, in fact, ever have the last word.
I'd also like to see him have to explain something I heard from a classmate of his about Dick's *alleged* high school polo-playing days against the locals in East St. Louis. It'd be fun to see him do it before a group like the NAACP. Can't imagine what kind of polo they used to play down there when he was young as I didn't know there were any ponies to be had even if you could find mallets, but maybe someday someone will remember to ask him about it while he's still going on trying so hard to look like he's concerned about human rights.
LOL! Good point Piasa. Traditionally polo was always a gentleman's sport so someone could also ask Durbin how he was allowed to play.
Durbin's comment to Dr. Farris "you can't have it both ways" was Senator Durbin talking to himself. Durbin conceded that U.S. law already is in compliance with everything that the UN Treaty contains but Durbin suddenly changed the subject making it impossible for Dr. Farris to expound further on that point.
The question to Senator Durbin remains "Why cede power to unelected people in the United Nations when the United States already has laws and enforces those laws which protect the rights of disabled children and adults?"
It almost makes me want to move to Illinois just to vote against Durbin the next time he runs.
Let 'em try to take kids away from parents.
July 26th huh? Just happens today is the 59th anniversary of Fidel & Mao’s “Movimiento 26 de Julio.”
Perhaps that date came to Lurch’s mind when he vowed to pass CRPD by today.
Fugabunch of UN and it’s strap hanging affiliates. Perhaps well intended, in reality it has equally well paved a road to hell. And done so with American blood, reputation and plain old dollars.
My heart is very heavy. I do believe the end is coming. I am preparing my soul for what's to come. I believe the UN will lead the charge against us.
Big Government is insidious.
It will try to creep into every aspect of the citizens life.
It already has. Unfortunately, I’ve fought for so long and seen so little progress that I fear I, too, will fall into the malaise and just accept it. I just pray I’m one of the first they kill.
This isn’t just the traditionally ‘disabled’ kids most people think of. According to our lovely government 1 kid in 6 has a ‘learning disability’ (add, adhd, dyslexia, dyxpraxia, etc). If you homeschool and aren’t 100% sure your kid could pass a social workers ‘test’ of their ‘learning abilities’ you should oppose this. This is NOT just about Down’s syndrome or CP or severely autistic kids.
If you homeschool and your child has EVER been diagnosed with add, adhd or dyslexia you should oppose this.
And it isn’t just about homeschooling. It’s *every* decision about any ‘disabled’ kids. Including but not limited to medical treatment, drugging, diet, school, home environment, you name it.
Bureaucrats will be in charge of your special child. Not you.
I’d really like to see New Yorkers demand the UN move their belongings to their home country and get the Ef out of our country. Right now, this exact moment....we’ll take you to JFK and put you on a plane home. No more taxpayer money going to pay off the commies and enemies at the UN. AMF. Charity begins at home.
The building would have to be razed to turn it into Condos due to the stench but we would ALL benefit from it.