Stealth Ratification – End Run Around the Senate
RED ALERT!!! Idaho S.1067 - Stealth Ratification - End Run Around the Senate
The Obama Administration is REQUIRING ALL STATES to pass model legislation written by the Uniform Law Commission in Chicago that includes reference to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance. This legislation will subjugate American law and American courts to the decisions of international courts, administrative bodies and tribunals as it pertains to family law relative to child support and other issues.
In 1995, the Clinton Administration announced that they would sign the UN Convention on the Rights of the Child. They did that – but the Senate refused to ratify it. To this day it has not been ratified by the Senate.
UN Convention on the Rights of the Child
In 1999, the Home School Legal Defense Association wrote an Analysis of the UN Convention on the Rights of the Child.
HSLDA: Nannie in Blue Berets: Understanding the UN Convention on the Rights of the Child
Child support falls under the category of family law – obviously. The Hague Convention is binding law. Articles 18 and 19 of the UN Convention on the Rights of the Child
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions, facilities and services for the care of children.
3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.There may be other clauses that are better indicators but the above two are enough to say that Idaho Senate Bill S1067 combined with the knowledge of the requirement for all states to pass it – constitute an attempt to do an end run around the U.S. Senate constitutional authority to ratify international treaties. The Obama Administration and the Chicago-based Uniform Law Commission are attempting to implement the binding parts of the UN Convention on the Rights of the Child.
The Hague Conference on Private Law is a global inter-governmental organization. They are the World Organization for Cross-Border Cooperation in Civil and Commercial Matters. The following is an excerpt from their Overview page:
…BUILDING BRIDGES BETWEEN LEGAL SYSTEMS…
Personal and family or commercial situations which are connected with more than one country are commonplace in the modern world. These may be affected by differences between the legal systems in those countries. With a view to resolving these differences, States have adopted special rules known as "private international law" rules.
The statutory mission of the Conference is to work for the "progressive unification" of these rules. This involves finding internationally-agreed approaches to issues such as jurisdiction of the courts, applicable law, and the recognition and enforcement of judgments in a wide range of areas, from commercial law and banking law to international civil procedure and from child protection to matters of marriage and personal status.
Over the years, the Conference has, in carrying out its mission, increasingly become a centre for international judicial and administrative co-operation in the area of private law, especially in the fields of protection of the family and children, of civil procedure and commercial law.Vicky Davis
April 10, 2015