Committee on the Rights of the Child

Committee on the Rights of the Child

Committee on the Rights of the Child in 2013

United States views on international law [1] in relation to Committee on the Rights of the Child: On January 16, 2013, the United States appeared before the Committee on the Rights of the Child for the Committee's review of the second periodic reports of the United States on its implementation of provisions in two Optional Protocols to the Convention on the Rights of the Child (on children in armed conflict and on the sale of children, child prostitution, and child pornography). The U.S. delegation included State Department Legal Adviser Harold Koh, as well as Luis CdeBaca, Ambassador-at-Large for the State Department's Office to Monitor and Combat Trafficking in Persons, and representatives from other U.S. government agencies. For background on the written submissions made to the Committee in December 2012, see this world legal encyclopedia (in relation to issues that took place in the year 2012) at 183. The Committee's review of the United States presentation is available at (link resource) ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12934&LangID=E. Excerpted below are opening remarks by Harold Koh. Opening remarks by the members of the U.S. delegation are available at (Secretary of State website) state.gov/s/l/c8183.htm.

Some Aspects of Committee on the Rights of the Child

I am Harold Hongju Koh, Legal Adviser of the U.S. Department of State. On behalf of the United States and outgoing U.S. Secretary of State Hillary Rodham Clinton, it is my honor and privilege to address the Committee on the Rights of the Child and to have this chance to present the first human rights periodic treaty reports of the Obama Administration.

Developments

As Ambassador King stated, the United States strives for a “more perfect union” to help promote a “more perfect world.” The United States is very proud of its human rights record but at the same time recognizes that we have more to do. I served as Assistant U.S. Secretary of State for Democracy, Human Rights and Labor when the United States participated in negotiations of the Optional Protocols over twelve years ago and was pleased to see the U.S. ratify them in 2002. As our detailed reports and presentation testify, the United States takes its human rights obligations, commitments, and dialogue with this Committee extremely seriously. We have found the process of review and reflection with respect to the Optional Protocols very helpful as we consider how to redouble our efforts to protect children in the United States. We appreciate this opportunity for dialogue with your Committee to hear your views on how we are implementing our treaty obligations, as well as related policy recommendations for strengthening our protection of children. The United States government has also valued the opportunity for an ongoing and robust dialogue with members of U.S. civil society. Before I became Legal Adviser four years ago, I worked as a human rights lawyer. I expect soon to return to civil society to continue that work. Our country believes that bringing civil society members into government positions helps to enrich the dynamic and dialogue between government and civil society.

Details

For the United States, our obligations under these Optional Protocols are not just paper commitments. Both President Obama and Secretary Clinton have repeatedly stated their unequivocal dedication to the protection of innocent children in every setting. Secretary Clinton in particular has worked on these issues her entire career, which started with her work as a young lawyer at the Children's Defense Fund in the United States.1 The President and Secretary are represented here by the senior-level expert U.S. national delegation that appears before you today. Appearing with me are representatives of the four federal agencies that are most actively involved in implementing the U.S. laws and programs that give life and effect to our obligations under the Optional Protocols. Many other U.S. government agencies also actively participated in drafting our reports and responding to the Committee's questions. Because the protection of children must be pursued at the state and local level, we are honored for the first time to bring to a U.S. Government human rights treaty presentation not one, but two Attorneys General from our fifty States to discuss their states' efforts to combat child exploitation. The United States is a government of laws and not individuals. So we take pride that our numerous protections for children are not just personal commitments, but ones enshrined in U.S. laws and policies. In the United States, an extensive network of Constitutional, federal, state, and local laws create a framework to protect children from the types of exploitation the Optional Protocols are designed to stop. Federal, state, and local programs and policies work together to create a nurturing environment where children can grow and develop.

More

The broad and comprehensive legal framework within the United States to implement the Optional Protocols described in the U.S. Initial Reports, presented five years ago, remains in place. These Second Periodic reports update our Initial Reports on major relevant developments, including new laws, judicial decisions, policies, and programs that expand protections in various areas. Let me address “the elephant in the room:” that we have signed but are not yet party to the Convention on the Rights of the Child. In my personal capacity, I have been on the record for two decades as saying that I deeply regret our remaining outside this important treaty and that I hope my country will soon correct this omission. As we have noted in response to relevant UPR recommendations, this Administration supports the treaty's goals and intends to review how we can finally move it towards ratification.

More

At the same time, this Committee should not confuse our non-ratification with any lack of commitment to protecting children. While we have not yet ratified the CRC, few other countries have adopted as many laws, policies, and programs designed to protect the rights of the child. During the negotiation of the Optional Protocols in the late 1990s, some colleagues here in Geneva asked whether the United States should be able to ratify these Optional Protocols without having already ratified the Convention itself. We answered that some nations take an attitude of “ratification before compliance” with regard to international treaties. But the United States tends toward “compliance before ratification.” By ratifying these specialized protocols first and engaging with this Committee with respect to these important issues over time, we have greatly increased our country's familiarity with this treaty and Committee and have brought closer the day when the United States could ratify the Convention itself. Throughout today, you will hear from members of our team confirming our dedicated efforts related to both Protocols. This morning, my colleague, Ambassador Luis CdeBaca, Director of the Department of State's Office to Monitor and Combat Trafficking in Persons, will address U.S. efforts related to the Optional Protocol on the sale of children, child prostitution, and child pornography. Our approach to combating trafficking focuses on three P's, prosecution, protection, and prevention: punishing perpetrators, protecting victims, and preventing patterns of trafficking. There is a fourth P: partnership with state and local government and Indian tribes as well as civil society.

Resources

Notes

  1. Committee on the Rights of the Child in the Digest of United States Practice in International Law

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