CRPD's Article 7 gives the government the power to override every decision of the parent of a disabled child by using the caveat "the best interest of the child." This phrase has already been abused by family courts to substitute judges' decisions for parents' decisions and transferring the use of that phrase to the government or to a U.N. committee is the wrong way to go.
The feminists saw to it that this treaty on disabilities includes language in Article 25 that requires signatory states to "provide persons with disabilities ... free or affordable health care ... including in the area of sexual and reproductive health and population-based health programmes." Wow!
When the U.N. approved the CRPD, the United States made a statement that the phrase "reproductive health" does not include abortion. But that's just whistling in the wind because international law does not recognize the validity of one nation's reservations to a treaty ratified by many other nations.
Furthermore, U.S. Secretary of State Hillary Clinton is on record as stating that the definition of "reproductive health" includes abortion. In testifying before the House Foreign Affairs Committee on April 22, 2009, she said: "Family planning is an important part of women's health, and reproductive health includes access to abortion."
After ratification, treaties become part of the "supreme law" of the United States on a par with federal statutes. That gives supremacist judges the power to invent their own interpretations, which some are all too eager to do.
It's easy to predict that some pro-abortion supremacist judges will rule that the CRPD, if part of the supreme law of our land, includes abortion. Several Supreme Court justices, including Ruth Bader Ginsburg, have urged us to use foreign law in interpreting U.S. domestic law.
Americans may differ about the legality and the scope of abortion rights, but it's unlikely that any of us want those decisions to be made by a U.N. "committee of experts."
Another problem with this treaty on disabilities is its failure to give workable definitions. When the treaty states that "disability is an evolving concept" that means open sesame for litigation against the U.S.
This treaty is a broadside attack on parents' rights to raise their children, and it's a particular threat to homeschooling families because of the known bureaucratic bias against homeschooling and against spanking. It is clear that both the United States and persons with disabilities are much better off relying on U.S. law than on any U.N. treaty.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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