Tag Archives: United Nations

The GOP: always watchful of that UN takeover

Law, Politics, Religion, , , , , , , ,

Today, the Republican Party in the Senate rejected a United Nations treaty to protect the rights of the disabled:

Former Senator Bob Dole of Kansas sat slightly slumped in his wheelchair on the Senate floor on Tuesday, staring intently as Senator John Kerry gave his most impassioned speech all year, in defense of a United Nations treaty that would ban discrimination against people with disabilities.

Senators from both parties went to greet Mr. Dole, leaning in to hear his wispy reply, as he sat in support of the treaty, which would require that people with disabilities have the same general rights as those without disabilities. Several members took the unusual step of voting aye while seated at their desks, out of respect for Mr. Dole, 89, a Republican who was the majority leader.

Then, after Mr. Dole’s wife, Elizabeth, rolled him off the floor, Republicans quietly voted down the treaty that the ailing Mr. Dole, recently released from Walter Reed National Military Medical Center, so longed to see passed.

A majority of Republicans who voted against the treaty, which was modeled on the Americans With Disabilities Act, said they feared that it would infringe on American sovereignty.

Among their fears about the disabilities convention were that it would codify standards enumerated in the United Nations Convention on the Rights of the Child — and therefore United Nations bureaucrats would be empowered to make decisions about the needs of disabled children — and that it could trump state laws concerning people with disabilities. Proponents of the bill said these concerns were unfounded.

The measure, which required two-thirds support for approval, failed on a vote of 61 to 38.

Joshua Keating notes the surprising influence of homeschoolers in ensuring the treaty’s failure to be ratified:

In addition to groups like the Heritage Foundation — which opposes nearly any U.N. treaty on sovereignty grounds — and anti-abortion politicians like Rick Santorum who argue, inaccurately, that the law could lead to abortion being mandated for disabled children, the politically powerful, but usually under-the-radar U.S. homeschooling movement has been one of the most pivotal lobbies working against U.S. Senate ratification of the treaty. The Homeschool Legal Defense Association claims to have sent anywhere from 8,000 to 20,000 letters and emails to lawmakers urging them to oppose the treaty:

“I think the homeschool movement was more mobilized on this issue than any issue in the last decade,” Estrada said, noting that a large population of homeschooling families had at least one child with a disability.

“They realized this wasn’t about disabilities issue, this was about who was going to make decisions for children with disabilities,” he said.

Keating explains:

Groups like the HLDA argue that the treaty could allow the U.N. to mandate that parents who home school their disabled children to send them to government-run schools. (It says nothing of the sort.)  They may also be worried that adoption of the law could set a precedent for the United Nations Convention on the Rights of the Child, which they oppose on equally specious, but perhaps slightly more comprehensible grounds

It is indeed sad that a perfectly reasonable treaty was just rejected based on a complete misreading of it, but it’s yet more evidence of how influential a small group can be when it gets very organized and very loud.

Palestine’s United Nations bid

Politics, , , , , ,

Fatima Ayub explains the factors that will decide how European countries vote tomorrow, when Palestine’s request to become a United Nations non-member observer state is officially voted upon:

As much as possible, the European Union tries to project a common position at the U.N., but often fails when it comes to resolutions involving Israel and Palestine (the vote on the Goldstone Report resolution in 2010 was a notable moment). Though the 2011 statehood bid was never put to a vote at the Security Council, European members were expected to vote against it there. But in the subsequent vote where the PA sought and received membership to UNESCO in October 2011, the European vote was significantly split. Eleven countries (Austria, Belgium, Cyprus, Finland, France, Greece, Ireland, Luxembourg, Malta, Slovenia and Spain) voted yes, another eleven abstained (Bulgaria, Denmark, Estonia, Hungary, Italy, Latvia, Poland, Portugal, Romania, Slovakia and the United Kingdom) and five voted no (Czech Republic, Germany, Lithuania, the Netherlands and Sweden).

This year’s resolution, despite being something of an anticlimax, has prompted much handwringing and mixed messaging from European governments. Denmark, France, Spain Norway and Switzerland (the latter two are not EU member states) have declared their support. It’s reasonable to expect that the states who supported the UNESCO bid will also vote yes, with the exception of Belgium who have declared they will abstain. And the Netherlands can be expected to move from the ‘no’ to the ‘yes’ category after a change of government earlier this year. The United Kingdom and Germany were wavering, declaring they would support the resolution with given public assurances that the PA would seek unconditional negotiations with Israel and forego applications to the International Criminal Court. At the time of this writing, the Palestinians have not agreed to condition their bid, which would curtail the meaningful gains of the upgrade, so Germany and the U.K. are at best likely to abstain.

#49: The Last Utopia

50 Books for 2010, , , , , , , ,

In just a few short weeks, the world will celebrate the sixty-second anniversary of the Universal Declaration of Human Rights. Adopted by the United Nations on December 10th, 1948, the document ushered in an unprecedented era of international rights norms that has since culminated in the prominence of human rights organizations such as Amnesty International and Human Rights Watch.

What Samuel Moyn argues in his book, The Last Utopia: Human Rights in History, is that the thematic line running from the UDHR’s adoption in 1948 through today is misrepresented in the nascent field of human rights studies. Although cemented now as the defining moment that gave human rights its beginning, the Universal Declaration’s appearance was, Moyn insists, “less the annunciation of a new age than a funereal wreath laid on the grave of wartime hopes.”

This is a decidedly irreverent perspective on a movement whose brief and explosive history has (especially in recent years) been lionized as proof of civilization’s continuing evolution. But Moyn is certain that these celebrants of human rights’ march to glory have it all wrong. In fact, he argues, the UDHR was, if anything, more detrimental than it was helpful in facilitating the cause of human rights as it is known today. The UDHR’s adoption “had come at the price of legal enforceability:” by its inability to transcend ancient notions of state sovereignty, the declaration in effect bequeathed to nation-states the power of adjudication over their own adherence to human rights standards. Moyn’s contention revolves around the fact that world leaders in the 1940s were understandably reluctant to cede any jurisdiction to the whims of a supranational institution, notwithstanding (or perhaps directly due to) its supposed impartiality.

I found the author’s thesis compelling at first, as he explicitly delineated the prevailing global consensus of political leaders in the post-World War II era: a strong desire for peace was complemented by a profound wariness of others’ intentions. In such an environment, the idea of subordinating a national legal framework to an international structure — especially one in which the state itself could be held blameworthy — was not an attractive proposition to any elites. And thus was born the Universal Declaration of Human Rights, a document whose noble goals disguised an impotent enforcement mechanism.

But Samuel Moyn’s continued pounding on the heads of his readers quickly grows old. I cannot count the number of times (or the plethora of ways) he tries to convince his readers that today’s edition of human rights bears little resemblance to, or is only a distant relative of, that of the 1940s. “As of 1945,” Moyn writes in one instance, “human rights were already on the way out for the few international lawyers who had made them central in wartime.” Elsewhere: “Instead of turning to history to monumentalize human rights by rooting them deep in the past, it is much better to acknowledge how recent and contingent they really are.” And, “what mattered most of all about the human rights moment of the 1940s, in truth, is not that it happened, but that — like the even deeper past — it had to be reinvented, not merely retrieved, after the fact.”

Virtually nothing is as consistently unsurprising as professorial loquacity. But even among academics, Moyn tests the limits of repetition. His mantra seems to have been: if something is worth writing, it’s worth writing one hundred times. In this regard, then, he has succeeded. Unfortunately, much like human rights themselves for a time, Moyn proves far more adept at defining their history negatively than positively. It is obvious that he considers the UDHR only nominally relevant in jump-starting the human rights movement; what is less transparent is his perspective on its true origins.

Human rights constitute the eponymous last utopia of his book’s title, but Samuel Moyn does little with this concept other than to restate it over and over (just as he does with his repudiations of the movement’s alleged foundation myth). “When the history of human rights acknowledges how recently they came to the world,” Moyn writes, “it focuses not simply on the crisis of the nation-state, but on the collapse of alternative internationalisms — global visions that were powerful for so long in spite of not featuring individual rights.” It was, in a sense, the worldwide disillusionment with grandiose visions of the past that gradually led to the introduction of human rights as a viable alternative. It offered a (facially) moral ideal where before had existed only political ones.

In short, “human rights were born as the last utopia — but one day another may appear.” Other than brief mentions (and like so much else in The Last Utopia), Samuel Moyn leaves this final speculation largely unaddressed. As to the idea that modern human rights came about due to the Universal Declaration of Rights, however: well, that horse has already been beaten quite to death.