Are UN Treaties Really Binding in the US? What's the Big Deal?

Concerned CHEK Member asks, "I'm catching a lot of flack from friends for saying I'm against the UNCRPD and one said that it is non-binding and does not affect US law. Can anyone  clarify this a bit?



Answer:
      All treaties are binding in our country due to our constitution, unfortunately this is not so for a huge percent of all the other countries that sign treaties. Many countries have signed the United Nations Conventions of the Rights of the Child, yet there is still honor killing and slave labor happening  right now in those countries.  Why? Their constitution or binding laws do not enforce that they uphold the treaties, as ours does.

Here is a great place to get started in understanding the UNCPRD and the UNCRC:

http://parentalrights.org/index.asp?Type=B_BASIC&SEC={97AC9727-7102-4289-82F7-9F6D89D62C83}

Here is a PDF TREATIES AND OTHER INTERNATIONAL

AGREEMENTS: THE ROLE OF THE

UNITED STATES SENATE that can be downloaded from our own government: http://www.gpo.gov/fdsys/pkg/CPRT-106SPRT66922/pdf/CPRT-106SPRT66922.pdf

This excerpt is taken from page 4:

TREATIES UNDER U.S. LAW 7

Under the Constitution, a treaty, like a Federal statute, is part of the  ‘‘supreme Law of the Land.’’ Self-executing treaties, those that do not require implementing legislation, automatically become

effective as domestic law immediately upon entry into force. Other treaties do not become effective as domestic law until implementing legislation is enacted, and then technically it is the legislation, not

the treaty unless incorporated into the legislation, that is the law of the land. Sometimes it is not clear on the face of a treaty whether it is self-executing or requires implementing legislation. Some treaties expressly call for implementing legislation or deal with subjects clearly requiring congressional action, such as the appropriation of funds or enactment of domestic penal provisions. The question of whether or not a treaty requires implementing legislation or is self-executing is a matter of interpretation largely by the executive branch or, less frequently, by the courts. On occasion, the Senate includes an understanding in the resolution of ratification that certain provisions are not self-executing or that the President is to exchange or deposit the instrument of ratification only after implementation legislation has been enacted. When a treaty is deemed self-executing, it overrides any conflicting provision of the law of an individual signatory state. If a treaty

is in irreconcilable conflict with a Federal law, the one executed later in time prevails, although courts  generally try to harmonize domestic and international obligations whenever possible.

Also, you can like Parental Rights, HSLDA, and CHEK on Facebook for many updates on these action items at the National and State level!

Read more on other groups that asked for a NO Vote on the Treaty HERE.

Thank you for your question,

Devonne Bolin,

CHEK Board Member

Quote from HSLDA:

" We cannot let our desire to do good cloud our judgment about how that good should be done. We want to help the disabled. But the UN CRPD will only hurt the disabled. SHARE this and tell everyone to tell their senators to VOTE NO."