UNCRPD- A Direct Challenge to Proper Jurisdictions

This entry is part of 6 in the series Jurisdictions

UNCRPD- A Direct Challenge to Proper Jurisdictions http://teamsoutherland.comImagine you’ve been part of a new church.  You’ve been working on funding a church building.  After years of fund raising work you are told you need another few thousand dollars to repaint the parking lot because there are not enough handicapped parking spaces.  You ask what law requires the number of spaces so you can call your representative at the appropriate level to express your concern about the new law.  You are disturbed to find out it isn’t a law at all…  it is an international treaty with the United Nations!  We’ve talked about the importance of family jurisdiction in the article, “A Father’s Charter”.  We’ve talked in “Do you understand Jurisdictions?” about how legitimate jurisdiction is limited in scope to its proper boundaries.  Today, I want to discuss a current issue where jurisdictions that rightfully belong to our families, churches, and even governments are being threatened by an outside entity.

In Article VI of our Constitution, treaties made by the United States are recognized as being “supreme law of the land” on equal standing with the Constitution itself and that all states are bound to those treaties.  The reason they did this was because in those days, the States were quite independent from one another.  It was not uncommon for a state to go to war on its own.  Therefore, if the United States made a treaty, it needed to be honored by each state…  makes sense!

However, in recent years, there has been a trend in our government in giving away national sovereignty to the United Nations (UN).  The UN makes international “treaties” that deal with all sorts of things.  Many of these treaties sound a lot more like legislation than a “treaty”, but because they are “treaties”, they are specifically recognized as supreme law of the land in our Constitution.  In the first line of Article 1 of our Constitution we are promised, “All legislative Powers herein granted shall be vested in a Congress of the United States…”  These UN treaties sound, act, and look a lot like legislative power in something other than the Congress of the United States.  For these reasons, I believe most of these treaties are outside of their proper jurisdiction as treaties, and end up infringing upon other areas of jurisdiction where these issues should belong.  If you’ll remember, when something seeks to exert authority it does not rightfully posses, that is called tyranny.

The latest UN treaty some are trying to ratify in the Senate is the UN Convention on the Rights of Persons with Disabilities, or UNCRPD.  On the surface, this doesn’t sound like a bad idea.  I mean, who doesn’t want to do good things for folks with disabilities?  In fact, in this particular treaty, much of it lines up with the Americans with Disabilities Act, passed through our own Congress.  The problem is that the UN has no authority – no jurisdiction – to legislate in the United States.  Our Constitution says the Congress does that.  I mean, if I disagree with my representatives in Congress, I can vote them out, I can encourage other representatives to impeach them.  I can do all sorts of things to involve myself in my government – our government is built to work that way.  However, if this treaty requires something of me – who can I go to?  I have no representative in the UN to call.  Yet Article 4(1)(a) of the UNCRPD demands that all American law on this subject be conformed to the standards of the UN.  As a result, the UNCRPD is tyrannical because it seeks to exert authority that should belong to Congress.

The UNCRPD is also tyrannical in the area of family jurisdiction.  The UN defines its own terms, so the treaty will define what kinds of things are considered disabilities and therefore fall under the provisions of the treaty.  If you have a child that meets the UN’s definition of a “disability”, then what happens to your child, and what is deemed “best” for your child, will become the determination of an unelected foreign body – and not you as the parent.  To quote a concern of Michael Farris of the Home School Legal Defense Association, “Article 15’s call for a ban on “inhuman or degrading treatment or punishment” is the exact same language used in the UN CRC which has been authoritatively interpreted to ban any spanking by parents. It should be noted that Article 15 is not limited to persons with disabilities. It says “no one shall be subjected to … inhuman or degrading treatment.” This means that spanking will be banned entirely in the United States.”  Of course, it should be the family’s jurisdiction to decide the best way to discipline their children.

So what do we need to do about this?  A good start is to read Michael Farris’ article I have been referencing at this link to familiarize yourself with the concerns of this treaty.  Another great thing is to check out the concerns of this treaty on the parentalrights.org website.  You can also see our blog post on this subject written for our Congressional District.  Lastly, and most importantly, we all need to call our Senators!  In order for the treaty to be ratified, it has to be passed by two-thirds vote in the Senate.  Calling your Senator sounds intimidating, but it is actually quite easy.  You will likely talk to either an answering machine or perhaps a young staff person.   They are simply keeping a tally of yes/no from their constituents, so let them know you are against the UNCRPD!  You can find the information you need to call your Senators on the here on the parentalrights.org website.

UNCRPD- A Direct Challenge to Proper Jurisdictions http://teamsoutherland.com

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  1. Another key distinction in this treaty is when it gives governmental authorities permission to make decisions. Current state laws stipulate that the parents must first be proven to be unfit before government can override parental authority. Under the UNCRPD, government can override parental authority in EVERY situation, even if the parents are “fit.”

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