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.
In 1999, the Home School Legal Defense Association wrote
an Analysis
of 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
Article 18
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.
Article 19
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.
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.
Article 19
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.
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