Ratification by the United States of the Convention on the Rights of the Child
Pros and Cons from a Child's Rights Perspective
Bibliographic Data
| ID | 5742168 |
|---|---|
| Authors | Elizabeth Bartholet (Harvard University, corresponding author) |
| Year | 2011 |
| Volume | 633 |
| Issue | 1 |
| Pages | 80-101 |
| Publication date | 2011-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Annals of the American Academy of Political and Social Science (JOURNAL) |
| Journal identifiers | ISSN: 0002-7162 • E-ISSN: 1552-3349 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0002716210382389 |
| OpenAlex | W2164134570 |
| Language | EN |
| Citations received | 14 |
| References cited | 15 |
This article discusses the significance of the United States' ratification of the CRC, concluding that even if the treaty is not self-executing, ratification would make a major difference. It would enable the United States to better promote children's rights abroad, and it would push the United States to develop its domestic law in dramatically new directions that empower children. The CRC provides children with powerful affirmative rights and imposes reciprocal duties on nation-states. It provides rights to participate, including rights to be heard and to make decisions on personal and political matters; rights to receive important benefits, including health, support, and education; rights to protection against maltreatment; and rights to nurturing parental care. All this contrasts with U.S. law's negative rights tradition, its emphasis on parental rights, limited recognition of children's rights, and related restriction of state power to protect children. U.S. ratification could have a positive impact, particularly in connection with parental relationship rights and related maltreatment issues. However, there is also a risk of negative impact, given the problematic CRC provisions on international and transracial adoption. The solution is ratification with a reservation regarding Articles 20 and 21
Convention on the Rights of the Child · Fundamental rights · Human rights · International human rights law · Linguistic rights · Political science · Politics · Ratification · Right to property · Substantive rights · Treaty · Ethics and Legal Issues in Pediatric Healthcare · International Human Rights and Reproductive Law · Law · Legal Rights and Human Rights
State-Civil Society Relations
Children and Law
Children's Rights and Business
“Human rights” in the protection of rural women’s land rights and interests in China, 2000–2022
Why has the United States of America not ratified the United Nations Convention on the Rights of the Child? The veto fulcrum as a new health policy analysis framework
Sharenting,” parent blogging, and the boundaries of the digital self
The consequences of accession
The United States as a Sending Country for Intercountry Adoption
Difficult Commitments
Minding Minors Wandering the Web
Moving Towards the Development of Children’s Rights Implementation Scale
Child-Friendly Cities and Communities
Potential conflict between the rights of the child and parental expectations in traditional child-rearing patterns
The globalization of childhood
| Unique citing works | 14 |
|---|---|
| Citations per year | 1.08 |
| Citation span | 2013 - 2026 (14) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 13 |