Res. No. 693
Resolution calling on the United States Senate to ratify the Convention on the Rights of the Child in order to enable New York City to participate in proceedings before its monitoring body.
By Council Members Rodriguez, Dromm, Cabrera, Koppell, Lander, Mendez, Vann and Williams
Whereas, The Convention on the Rights of the Child ("the Convention") was adopted by the United Nations General Assembly on November 20, 1989 and became effective as an international treaty on September 2, 1990; and
Whereas, Ratified by 193 countries, the Convention is a legally binding international treaty intended to preserve and protect the human rights of children, including "the right to survival, to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life;" and
Whereas, Though the United States was heavily involved in the drafting of the Convention and formally signed it in 1995, the country has yet to ratify it, freeing it from any legal adherence to the treaty's provisions; and
Whereas, To date, the United States and Somalia are the only two member countries of the United Nations that have not ratified the Convention, with the latter lacking a functioning government necessary to do so; and
Whereas, The failure of the United States to ratify the Convention has been blamed on the belief within certain communities that it infringes on the rights of the nation, of individual states, and of parents and families; and
Whereas, Ratification of the Convention by the United States would protect children, including those who live in New York City, against government intrusion and abuse and provide strong support for the role of parents and the family structure; and
Whereas, The Convention would provide a comprehensive framework within which the government can assess and address, in a consistent manner, the human rights and constitutional protections of our children; and
Whereas, If the United States ratified the Convention, the government would be required to submit reports to the Convention's monitoring body, the Committee on the Rights of the Child ("the Committee"), and to respond to questions about the progress of the protection of human and legal rights of children throughout the United States, including within the City of New York; and
Whereas, The City of New York has high aspirations and standards for all of its children and families and is constantly looking for ways to improve their lives and to ensure an environment that protects children and promotes their best interests; and
Whereas, In 2009, there were 59,249 cases of child abuse and neglect reported in New York City, of which 42.1% were found to be substantiated by ACS, and several other egregious cases that were mismanaged and resulted in the death of a child, including Nixmary Brown in 2006 and Marcella Pierce in 2010; and
Whereas, Upon ratification of the Convention of the Rights of the Child, community-based organizations and other entities in New York City will be able to participate in the proceedings of the Committee and compel the U.S. government to implement the Committee's recommendations; and
Whereas, The City of New York also recognizes that all persons are entitled to their human rights without any discrimination and that these rights are universal, interrelated, interdependent and indivisible; and
Whereas, Ratification of the Convention on the Rights of the Child would affirm our country's commitment to protect children and to guarantee their safety and well-being; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the United States Senate to ratify the Convention on the Rights of the Child in order to enable New York City to participate in proceedings before its monitoring body.
DMB
LS# 1752
2/11/11