by Michael Farris, HSLDA
We have bad news. The dangerous UN Convention on the Rights of Persons with Disabilities (UNCRPD), that you narrowly defeated through calls and emails in 2012, has returned. It has come back stronger than ever, and its supporters are preparing to ram it through the US Senate.
This United Nations treaty says “in all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.” Not “parental rights,” as our US Supreme Court has ruled. But “best interests of the child,” a legal term only used during divorce and abuse and neglect cases. Government officials could use this section to override parental decisions for their child with a disability. Other provisions of this treaty threaten US sovereignty, promote abortion rights, and require a national registry of all children with disabilities (the term “disability” isn’t even defined).
The UNCPRD isn’t about protecting people with disabilities — our nation’s own laws and strong leadership overseas already do this. It’s about whether we will surrender our freedom to an unelected, unaccountable United Nations.
You defeated this treaty in December 2012. But the supporters were looking for a way to win the second time and ratify the UNCRPD. And they believe they have found it with the US Supreme Court’s decision in Bond v. United States, which was issued recently.
Bond v. United States dealt with a jilted wife who used household chemicals in a bungled attempt to poison her rival. But it quickly turned into a major constitutional case dealing with the Chemical Weapons Ban treaty, congressional action, and the Constitution.
The Supreme Court made the right decision and found that it was ridiculous for the federal government to prosecute this hapless chemical user. But the Court’s decision was very narrow, and never addressed the treaty power found in the US Constitution.
Only three justices — Scalia, Thomas, and Alito — brought this issue up. And they — like HSLDA — are very worried about how treaties can threaten our system of limited federal government and our constitutional freedoms. We encourage you to read the decision here. You can read the concurring opinions of justices Scalia, Thomas, and Alito starting after page 21.
Supporters of the UNCRPD such as Senate Foreign Relations Committee Chairman Bob Menendez (NJ) seemed to not even have read this decision in their haste to urge ratification of this United Nations treaty. In the days since the decision, countless organizations have issued press releases calling for swift ratification of the UNCRPD. Supporters of the treaty are aggressively lobbying on Capitol Hill at this very moment. This treaty is roaring back, possibly as early as the week after Independence Day.
© 2014 Home School Legal Defense Association