US Ratification of The Convention On The Rights of The Child - Parental Rights

Parental Rights

Some supporters of homeschooling have expressed concern that the Convention will subvert the authority of parents.

One of the most controversial tenets of the Convention are the participatory rights granted to children. The Convention champions youth voice in new ways. Article 12 states:

"Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child ... the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child..."

Smolin, otherwise a proponent who urges U.S. reservations to the convention, argues that Article 5, which includes a provision stating that parents "provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention", "is couched in language which seems to reduce the parental role to that of giving advice"., pages 81 & 90 The Campaign for U.S. Ratification of the Convention on the Rights of the Child argues that the Convention protects parental responsibility from government interference.

David Smolin argues that Article 29 limits the fundamental right of parents and others to educate children in private school by requiring that all such schools support the principles contained in the United Nations Charter and a list of specific values and ideals. He argues that "Supreme Court case law has provided that a combination of parental rights and religious liberties provide a broader right of parents and private schools to control the values and curriculum of private education free from State interference.

The Campaign for the U.S. Ratification of the CRC provides information rebutting this and other proposed conflicts. The CRC does not outline any specific interference with school curriculums, nor would ratification prevent parents from homeschooling their children. In addition, it recognizes the family "as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children..." (Preamble to the CRC) and repeatedly underscores the pivotal role parents play in their children's lives. (Particularly with regard to Articles 3, 5, 7-10, 14, 18, 22, and 27.1) Under the Convention, parental responsibility is protected from government interference. Article 5 states that Governments should respect the rights, responsibilities, and duties of parents to raise their children. There is no language in the CRC that dictates the manner in which parents are to raise and instruct their children.

Professor Geraldine Van Bueren, the author of the principal textbook on the international rights of the child, and a participant in the drafting of the Convention, has described the "best interest of the child standard" in the treaty as "provid decision and policy makers with the authority to substitute their own decisions for either the child's or the parents' ";

The CRC upholds all primary rights of parents and their roles regarding their children throughout the entire document. It states that the government should respect the responsibility of parents, and include guidance for nurturing their children. The Convention also places responsibility on the government to protect and assist families.