	Introduction

The 114 th Congress may demonstrate an interest in U.S. ratification of the United Nations (U.N.) Convention on the Rights of the Child (hereinafter referred to as CRC or the Convention), particularly if the Obama Administration submits it to the Senate for its advice and consent. CRC is an international treaty that addresses the rights of children worldwide. It calls on States Parties to take all appropriate measures to ensure that children receive special rights, including the right to a name and nationality; access to healthcare, education, and parental care; and protection from exploitation, abuse, and neglect. CRC entered into force on September 2, 1990, and 195 countries are currently party to the Convention, making it the most widely ratified human rights treaty. Past Administrations have generally supported the overall objectives of CRC, but have had concerns as to whether the Convention is the most effective mechanism for addressing children's rights domestically and abroad. The George W. Bush Administration did not support ratification of CRC, citing "serious political and legal concerns" with the treaty. It questioned the impact of U.S. ratification on state and federal laws and argued that the treaty was at odds with the emphasis of the United States on the duty of parents to protect and care for their children. The election of President Obama brought renewed attention to the possibility of U.S. ratification of the Convention. CRC calls for the protection of children from economic, sexual, and other forms of exploitation; torture; and capital punishment for offenses committed before the age of 18. U.S. Actions

The United States has signed, but not ratified, the Convention on the Rights of the Child, and the President has not transmitted CRC to the Senate for its advice and consent to ratification. Congressional opponents of U.S. ratification argue that the treaty would undermine U.S. sovereignty, particularly in policy areas traditionally addressed by states—including education and juvenile justice. Policy Issues

The question of U.S. ratification of CRC has generated passionate debate. Federal and State Laws

Perhaps more than other human rights treaties, CRC addresses areas that are usually considered to be primarily or exclusively under the jurisdiction of state or local governments. U.S. Supporters of the Convention emphasize that it was established not to circumvent the role of parents but to protect children against government intrusion and abuse. Many CRC advocates also emphasize what they view as the Convention's strong support for the role of parents and the family structure. As evidence of this, they emphasize that countries that many regard as abusers of children's rights—including Sudan, Democratic Republic of the Congo, and China—are party to the Convention. Supporters of CRC contend that it has enhanced children's rights in a number of countries that have ratified the Convention. The Convention as an Instrument of U.S. Foreign Policy

Many CRC supporters hold that ratification of the Convention would strengthen U.S. credibility abroad and give the United States additional fora in which to pursue the advancement of children's rights. Further, some argue that U.S. ratification would provide the United States with an opportunity to influence international laws and standards in the area of children's rights.
U.S. ratification of the United Nations (U.N.) Convention on the Rights of the Child (hereinafter referred to as CRC or the Convention) may be a key area of focus during the 114th Congress, particularly if President Barack Obama seeks the advice and consent of the Senate.
Background and Current Status
CRC is an international treaty that aims to protect the rights of children worldwide. It defines a child as any human being under the age of 18, and calls on States Parties to take all appropriate measures to ensure that children's rights are protected—including the right to a name and nationality; freedom of speech and thought; access to healthcare and education; and freedom from exploitation, torture, and abuse. CRC entered into force in September 1990, and has been ratified by 195 countries, making it the most widely ratified human rights treaty in the world. Two countries, the United States and Somalia, have not ratified the Convention. The President has not transmitted CRC to the Senate for its advice and consent to ratification.
U.S. Actions
Despite widespread U.S. support for the overall objectives of the Convention, policymakers have raised concerns as to whether it is an effective mechanism for protecting children's rights. The Clinton Administration signed the Convention in February 1995, but did not submit it to the Senate primarily because of strong opposition from several Members of Congress. The George W. Bush Administration opposed CRC and expressed serious political and legal concerns with the treaty, arguing that it conflicted with U.S. laws regarding privacy and family rights. The election of President Obama in 2008 focused renewed attention on the possibility of U.S. ratification. For the past several years, the Administration has stated that it supports the goals of the Convention and that the decision to pursue ratification of CRC is being determined through an interagency policy review.
Issues for Congress
The question of U.S. ratification of CRC has generated contentious debate. Opponents argue that ratification would undermine U.S. sovereignty by giving the United Nations authority to determine the best interests of U.S. children. Some are also concerned that CRC could interfere in the private lives of families, particularly the rights of parents to educate or discipline their children. Moreover, some contend that CRC is an ineffective mechanism for protecting children's rights. They emphasize that countries widely regarded as abusers of children's rights, such as China and Sudan, are party to the Convention. On the other hand, supporters of U.S. ratification hold that CRC's intention is not to circumvent the role of parents but to protect children against government intrusion and abuse. Proponents emphasize what they view as CRC's strong support for the role of parents and the family structure. They also hold that U.S. federal and state laws generally meet the requirements of CRC, and that U.S. ratification would strengthen the United States' credibility when advocating children's rights abroad.
Perhaps more than other human rights treaties, CRC addresses areas usually considered to be primarily or exclusively under the jurisdiction of state or local governments, including education, juvenile justice, and access to healthcare. Some of these conflicting areas will likely need to be resolved by the executive branch and the Senate before the United States ratifies the Convention.