Acknowledgments

Contributors

List of Abbreviations

PART I

Chapter 1: Overview (Jonathan Todres, Mark E. Wojcik & Cris R. Revaz)

Chapter 2: An Introduction to the U.N. Convention on the Rights of the Child (Cris R. Revaz)

A. CRC Principles

B. Origin, Negotiation, and Adoption of the CRC

C. Monitoring Role and Reporting Requirements of Committee on the Rights of the Child

D. Ratification and Implementation

Chapter 3: Analyzing the Opposition to U.S. Ratification of the U.N. Convention on the Rights of the Child (Jonathan Todres)

A. The CRC, The Role of Parents, and the Family Unit

B. The CRC and U.S. Sovereignty

C. U.S. Approach to Human Rights Treaties Historically

D. Conclusion

Chapter 4: The Effect of U.S. Ratification as a "Self-Executing" or as a "Non-Self-Executing" Treaty (Linda A. Malone)

Chapter 5: The Family-Supportive Nature of the U.N. Convention on the Rights of the Child (Barbara Bennett Woodhouse)

A. The CRC Is a Human Rights Charter That Restrains Government Abuses

B. The CRC Does Not Empower Children to Sue Their Parents; It Empowers Parents to Protect Children Against Government Abuses

C. The CRC Affirms and Supports the Fundamental Rights and Responsibilities of Parents

D. The CRC Encourages a Partnership Between Families and the State to Protect and Support Vulnerable Children

Chapter 6: The Changing Status of the Child (Barbara Bennett Woodhouse)

Chapter 7: Beyond Other Treaties: The U.N. Convention on the Rights of the Child and the Value of a "Dedicated Line" (Merle H. Weiner)

A. Committee on the Rights of the Child

B. CRC Domestic Monitoring Bodies

1. NGOs

2. IGOs

C. Conclusion

Chapter 8: U.S. Ratification of the U.N. Convention on the Rights of the Child: Federalism Issues (Cathy L. Nelson)

A. Main Areas of CRC Conflict with U.S. Federal System

B. U.S. Ratification of Human Rights Treaties With Reservations

C. Possible Solutions to Conflicts

D. Conclusion

PART II

Chapter 9: Anti-Discrimination Guarantees under the U.N. Convention on the Rights of the Child-Issues and Impact for U.S. Ratification (Daniel L. Skoler)

A. Introduction

B. The Anti-Discrimination Guarantees

C. Impact for U.S. Law-Constitutional Guarantees

D. Impact for U.S. Law-Legislative Guarantees

E. Discrimination in Educational Rights-An Exploratory Examination

F. Discrimination in Health Care and Related Benefits-Another Impact Examination

G. Other Child Discrimination Concerns

1. Child Custody and Reunification

2. Child Labor

3. Criminal Violations

4. Intestacy and Survivor Benefit Rights

H. The Special Case of Refugee Children

I. Conclusion

Chapter 10: The Best Interests of the Child (Elisabeth Mason)

Chapter 11: The Right of the Child to Be Heard (Christine M. Szaj)

A. Introduction

B. Article 12 Provision and Related Provisions and Language

C. Trends in U.S. Law

1. Delinquency

2. Medical Treatment

3. Abuse/Neglect and Termination Hearings

4. Child Custody Determinations

5. Administrative Actions

D. Broad Impact of Article 12 on U.S. Law

Chapter 12: Freedom of Expression (Martha Matthews)

A. History and Interpretation of Article 13

B. History and Interpretation of the Limitation Clause in Article 13(2)

C. The Impact of Ratification of Article 13 upon U.S. Law

Chapter 13: Freedom of Thought, Conscience, and Religion (GregLantier)

A. Discussion of Article 14

1. Legislative History and Implementation of Article 14

B. A Child's Freedom of Thought, Conscience, and Religion under Current U.S. Law

C. Implementing Article 14 in the United States

Chapter 14: What the U.N. Convention on the Rights of the Child Says (and Doesn't Say) About Abortion and Family Planning (Jonathan Todres & Louise N Howe)

A. Relevant Provisions of the U.N. Convention on the Rights of the Child

1. CRC Provision Regarding Abortion

a. Preamble

b. Article I-Flexibility Rather Than a Single Solution for All States Parties

c. Article 6-Protections Depend on the Definition of Child in Article 1

d. Article 16's Right to Privacy Pertains to National Policies Regarding Children and Is Not Meant to Police Parents

e. Article 24's "Appropriate" Family Planning Provisions Allow Each State Party to Adopt Provisions in Accordance with Its Own Views

B. A Brief Overview of U.S. Law and Policy

1. Abortion

2. Family Planning and Birth Control

C. Impact of CRC Provisions on Domestic Law

1. Abortion

2. Family Planning and Birth Control

D. Conclusion

Chapter 15: Children's Right of Access to Information (Siyeon Lee)

A. Legislative History of Article 17

B. Law and Policy in the United States Regarding Children's Right to Access Information

C. Article 17 Is Consistent with U.S. Law and Policy

Chapter 16: Children's Rights to Freedom of Association, Assembly, and Privacy (Rebekah Tosado)

A. The Rights of Children and Parents under Articles 15 and 16

1. Rights of Parents and Children under Articles 15 and 16 of the CRC

2. History and Interpretation

a. Hierarchy of Rights in the Convention

b. Recognition of Parental Authority in Article 5

c. Origin of, and Rationale for, Articles 15 and 16

d. Attempts to Amend the Proposal

3. Views of the Committee on the Rights of the Child

a. General Guidelines: Form and Content of Initial Reports

b. Concluding Observations

B. u.s. Law: CRC Impact on U.S. Law

C. The U.S. Constitution and State Law and Article 15

D. The U.S. Constitution and State Law and Article 16

E. Concerns About U.S. Ratification and Articles 15 and 16

F. Responses to Concerns About Articles 15 and 16

G. Conclusion

Chapter 17: The U.N. Convention on the Rights of the Child and Corporal Punishment (Michael Pates)

A. Introduction

B. Legislative History and Subsequent Interpretation

C. Impact of Article 19 on U.S. Law and Policy

D. Conclusion

Chapter 18: Provisions for Alternative Care for Children Deprived of Their Family Environment (Maya Grosz)

A. Introduction

B. Article 20

C. Article 21

D. U.S. Law and Policy on Foster Care and Adoption

1. Foster Care

2. Considerations of Race, Religion, Ethnicity, and Language in Foster Care and Adoption

3. Adoption

E. Impact of Articles 20 and 21 on U.S. Law and Policy

Chapter 19: The Right to Health under the U.N. Convention on the Rights of the Child (Jonathan Todres)

A. CRC Provision on the Right to Health

B. Qualifying Language Applicable to the Right to Health

C. U.S. Law on Health Care for Children

D. Health Care Status of Children in the United States

E. The Potential Impact of Ratification (Chapter 20: Children's Right to an Adequate Standard of Living.... 237 Catherine S. Taylor)

Chapter 20: Children's Right to an Adequate Standard of Living (Catherine S. Taylor)

A. Legislative History and Analysis of Article 27

1. Legislative History of Article 27

2. Law and Policy in the United States Regarding Children's Right to an Adequate Standard of Living

3. Article 27 and U.S. Law and Policy

a. Right to an Adequate Standard of Living

b. Parents or Others Responsible for the Child Have the Primary Responsibility for the Care of Their Children

c. States Parties Shall Take Appropriate Measures to Assist Parents or Others Responsible for the Child

d. States Parties Shall Take Appropriate Measures to Recover Maintenance for the Child

B. Conclusion

Chapter 21: State Education Law Compared to Rights under the U.N. Convention on the Rights of the Child (Anna Dolinsky)

A. Introduction

B. Article 28-A Child's Right to Access Appropriate Education

C. Article 29-A Child's Right to a Comprehensive and Respectful School Curriculum

D. Summary

Chapter 22: The Child's Right to Play, Rest, Recreation, and Cultural Activities (Lori Hall Armstrong)

A. Legislative History and Subsequent Interpretation

B. U.S. Law and Policy Relevant to Article 31

C. Impact of Article 31 on U.S. Law and Policy

D. Conclusion

Chapter 23: Child Labor and the U.N. Convention on the Rights of the Child (Elisabeth Mason)

A. Legislative History and Subsequent Interpretation

B. U.S. Law and Policy

C. Impact of Article 32 on U.S. Law and Policy

Chapter 24: Capital Punishment and Life Sentences for Juvenile Offenders (Evelynn Brown Remple & Mark E. Wojcik)

A. The Juvenile Death Penalty

B. Life Imprisonment for Juveniles

Chapter 25: The Optional Protocols to the U.N. Convention on the Rights of the Child and the Impact of U.S. Ratification (Cris R. Revaz &Jonathan Todres)

A. Introduction

B. Trafficking Protocol

1. The Problem of Trafficking and Commercial Sexual Exploitation of Children

2. Principal Provisions of the Trafficking Protocol

3. Impact of the Trafficking Protocol

4. U.S. Reservations, Understandings, and Declarations

C. U.S. Implementation of the Trafficking Protocol

D. The Child Soldiers Protocol

1. The Problem of the Use of Children in Armed Conflict

2. Principal Provisions of the Child Soldiers Protocol

3. U.S. Reservations, Understandings, and Declarations

E. U.S Implementation of the Child Soldiers Protocol

F. Conclusion

Appendices

I. U.N. Convention on the Rights of the Child

II. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts

III. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

IV. U.S. Reservations, Understandings and Declarations for the Optional Protocols to the U.N. Convention on the Rights of the Child

V. States Parties to the U.N. Convention on the Rights of the Child

Table of Cases

Index