The United States and the Rights of a Child

29. June 2008 by Rev Young.

I want to submit the following information for your consideration.  Links to these sites will be given at the end of the message.  Please pay special attention to Article 37. 

From “Campaign for Ratification of the CRC”

“Despite that the U.S. was an active and prominent participant in the decade-long drafting process, we, along with Somalia, remain the only two nations a party to the UN who have not ratified this celebrated document.  The 193 countries that have ratified the Convention has used it as a guide to develop and implement policies and programs that best address and fulfill children’s needs.

Our children are our future decision-makers and leaders.  They will set public policy and implement laws. In essence, they will shape the future of not only American society and culture, but that of the world. Thus, we need to raise resilient children who will make good citizens, who care about others, who share our values, and who will make excellent parents.  In order for children to thrive, childhood needs to be made a national as well as global priority.

Children are seldom considered as a factor in decision-making.  It is passed the time that we think about how our decisions affect the lives of each and every child.  After all, we are going to have to live with the consequences of our actions.”

Convention on the Rights of the Child

Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989

Entry into force 2 September 1990, in accordance with article 49

Preamble

The States Parties to the present Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,

Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children,

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”,

Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions, and that such children need special consideration,

Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries,

Have agreed as follows:

PART I

Article 37

States Parties shall ensure that:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;

(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.

4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Article 40

1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.

2. To this end, and having regard to the relevant provisions of international instruments, States Parties shall, in particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to law;

(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;

(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of the proceedings.

3. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.

Enough Said!

www.childrightscampaign.org

www.juvenilejusticepanel.org

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Prison….A Place For Boys/Girls?

26. June 2008 by Rev Young.

I am going to start this by tackling the Direct Filing of Information Statute that allows District Attorney’s to transfer a case from juvenile court to adult court.  This is how our young men and women find their way into adult prison facilities.  I am going to let Mary Ellen tackle the issue of Juvenile Clemency and we will both tackle the issues of confinement.  The issue of Direct File and Juvenile Clemency are the pillars on either side of long sentences in an environment that will determine a young persons  future.

Although the opportunity of Direct File has been around for many years, it used to take a court hearing in order for the District Attorney to use this measure to transfer a juvenile case to adult court.  The hearing required the presence of the accused, the defense attorney, the parents of the accused, school officials, physician if appropriate and the district attorneys office.  The school records and criminal records (if any) were also presented.  All persons present had a say concerning the disposition of the case.  The judge would then take all information and render a decision regarding the disposition of the case.  During the process of this investigation and hearing, the name of the juvenile offender or the family was not released to the public and all proceedings were held behind closed doors.  This was to protect a juvenile offender from unnecessary publicity that would hinder his rehabilitation process and his return to his community as a productive member.  At all times the best interest of the juvenile and the restoration of the family were held most important.  Even in the case of felony crimes or murder. 

I grew up during this time.  I turned 18 in 1976.  I remember some events that would have turned out completely different if they happened today.  One of my friends was drag racing one night.  The car he was driving lost traction and he went off the road.  It paralyzed him.  He was ticketed for careless driving and the ticket was reduced to a speeding ticket.  No one sued the other teen that he was racing, no one tried to haul my friend off to court and throw the book at him.  Everyone gathered around the family and tried to help them adjust to their sons new disability.  It didn’t make a big news story, it didn’t turn into a vendetta by the police department against young drivers…..it was a young man’s mistake.

I had a friend that was getting ready to cross a street at a very busy high school intersection.  A young person made a right turn and hit him breaking both of his legs.  The young driver was ticketed for failing to yield to a pedestrian in a cross walk.  The drivers insurance company paid for his medical and everyone forgave each other and thanked God that my friend was alive.  No one went to court, no one sued, no one turned it into a vicious crime….it was an accident. 

One of the star players on the girls basketball team was taken out of practice one day because she was over dosing on drugs.  They took her out in an ambulance, called her parents and rushed her to the hospital.  They did not arrest her on drug charges, they did not plaster her name in the papers, they did not turn her into a criminal….they helped her. 

One afternoon my friend was home with his siblings and other friends.  They were looking at his fathers gun when it went off and instantly killed my friends brother.  No one took my friend into custody, pending investigation.  No one plastered the family name all over the paper.  No one questioned whether these might be gang members (because of ethnicity).  No one assumed that there was any foul play.  It was a fatal accident that ripped through a family and we all came along side. 

One of my friends was backing out of a driveway on his way to school.  The driveway sloped to the street.  He didn’t know that the little neighbor boy was out riding his tricycle.  When he backed up, he hit the little boy and it took a minute for him to realize there was a strange noise coming from under the car.  The little boy died.  My friend was devastated.  No one arrested him and labeled him a murderer.  No one plastered his name all over the paper.  No one made him out to be a monster.  It was an accident…….that caused him pain for a long time.  Yet he was given the opportunity to deal with that pain privately in the comfort of family and friends.  No additional drama was added to the already tragic event. 

This is what happens when a community takes responsibility for the actions and mistakes of their young people.  Kids make dumb choices and mistakes.  The most dangerous time for any mother is during the time their children are trying their wings….learning to fly solo.  Sometimes the short flight takes them close to a predator, sometimes the short flights takes them into dangerous territory, sometimes the flight takes them into a situation where they must judge how to maneuver through and they fail.  But that is how you learn to fly.

I began searching to see how the rest of the world dealt with their juveniles.  It was surprising.  The Philippines, Brazil and other countries believe that juvenile offences should be dealt with by the tribal or council elders.  They take care of punishment, retribution and restoration between all parties.   You can view this information at the link below.

http://www.britannica.com/EBchecked/topic/1349207/juvenile-justice/271949/The-Philippines”>juvenile

Then in my process to find information, I came across a very interesting web site called:  www.juvenilejusticepanel.org .  This web site gives the United Nations Agreements on Juvenile Justice Issues.  It talks about international conferences on juvenile justice and lists the juvenile justice policies for all United Nations Members. 

The United Nations believes that the rights and needs of a juvenile offender should be protected at all costs and at all times.  The focus should always be training, education, cognitive development and a program designed to returning the juvenile offender to their community.  The UN council also gives special attention to the holding and treatment of the accused and reminds all nations of their innocence until proven guilty.  Therefore a juvenile offender charged with a crime should be held in the most careful of situations until the offender has completed the hearings process.  Germany believes that a juvenile should be incarcerated only as a last resort and that the maximum term that any juvenile offender can serve is 10 years.  The juvenile offenders are always housed in juvenile facilities.  Most of these nations focus on cognitive behavior, education, skills training, meaningful work and a program designed for liberty at the end of the sentence.  The bottom line is that is the requirement of international law as adapted by the UN Council on Juvenile Justice.  I urge you to read through this site.  We, as a country are in violation of international law. 

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Fading Hope for Juvenile Reform Programs

22. June 2008 by Rev Young.

Youth Challenge Academy closing

 

Saturday, June 21, 2008MEGAN NICHOLS

The Anniston Star

ANNISTON - Casandra Richey had been in trouble and was headed for more when she decided to attend the National Guard Youth Challenge Academy.

“If I had not joined this academy, I would have ended up in jail again or on drugs again,” said the 16-year-old from Florence.

Instead, Richey will graduate from the academy today with her GED and a plan to join the Army when she turns 17.

Richey is among 39 teens graduating from the academy. Hers is the third class for the Alabama program, located at the National Guard’s training facility at McClellan.

It will also be the last. The state opted not to fund its portion of the program for 2009.

The academy is designed for high school dropouts ages 16-18. Students without jobs who are drug-free and have no pending legal action were eligible for the program. Participants in the five-month class lived in a military environment while the program encouraged teamwork and personal growth.

The federal government funds 60 percent of the school’s budget, which comes to about $1.6 million, said the director, Scott Martin.

He said Alabama’s share would have been about $1 million.

Sen. Del Marsh, R-Anniston, said it was unfortunate the state could not keep the program going. But he said state officials are looking at similar programs to determine which ones are helping the largest number of people. He said they could not all be funded.

“We have hopes that maybe next year we could secure some dollars for this program,” Marsh said. “It’s a very good program, and I hate to see it go.”

Efforts to reach a spokesman from Gov. Bob Riley’s office were unsuccessful.

Martin said he had been fighting for funding since he was named director in April.

“Even today, I’m still getting phone calls from parents who want to send their kids here,” he said. “One mom called me literally crying when she got the letter that we were closing and this was our last class.”

Twenty-six other states across the nation have National Guard Youth Challenge programs.

© 2008 The Birmingham News© 2008 al.com All Rights Reserved.

Submitted from our Alabama Advocate.  Thank You!

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The Mausoleum

21. June 2008 by Rev Young.

 

Posted By Jonny

Going to prison is like dying, when you first get arrested it is a tragedy with all your loved ones grieving for you and your plight. Then you sit in the morgue going through the court process. You get visits, letters and reassurance that you will never be forgotten, never be alone. Burial time, the whole family gathers at your sentencing, a large public show of support. As the gavel falls, cries of grief and outrage echo throughout the court room, 66 years! As the casket lowers into its place, people watch, weep and maybe silently rejoice as they see the dark depths you are plunged into. The prison bus delivers you into the gates, buried alive, in a mausoleum with only small windows to watch the world pass by in wonder. Only those who truly care return to trim the weeds that grow around you and plant flowers to cheer your ever restless spirit….keep you sane. Mail, the water that quenches my daily thirst for contact and communication, has slowed from a steady flow to an almost non-existent trickle. I was sentenced 12-1-2003 and to this date, only my mother and sister have visited on a regular basis. Eventually all forms of communication with the outside world fall away like dead leaves from the tree of life.

It forces you to immerse yourself into this lifestyle, with its anti-social stigmas and customs. How is society fooled into believing this works? We are not rehabilitated. We are warehoused, fed, processed and shuffled around like cattle in the name of justice. Prison creates bank robbers out of petty thieves, murderers out of drug addicts. With nobody rehabilitated, we are merely re-educated, forced to adapt to the dog eat dog world of prison.

When your life is turned upside down and your experience the pain, violence and hatred that is prison, how can you be expected to ever function for a society that has wronged you so?

I made up my mind when I was 18 I would never let my mind go to waste, knowing nobody was going to do it for me, I have tried my best with limited resources to rise above the rest in these dark depths. You may cage my body but my mind will always soar free, untethered, allowed to go along with the greatest adventurers like Marco Polo. Share a seat in the audience of great men like Nietzsche, Lao Tzu and Thoreau, but a book is a sad substitute for life!

What of men who are not determined to improve or not capable of doing it unaided? Does society not owe it to itself to help these wayward men and women better themselves for no other reason than it is to society these lost souls shall return? When you take a man with nothing, no skills, no education, no virtue, how do you expect him to change and become productive? The current philosophy is lock them up, build more prisons… but eventually the pressure will build enough behind the dam, it will burst! Can society afford that?

Article printed from FreeJonny: http://s246427087.onlinehome.us

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Where Do We Start?

20. June 2008 by Rev Young.

I have given careful thought to this opening blog.  We are dealing with a very emotional issue here.  First let me say this, I do not believe in political correctness, compromise, coexisting, complacency or any of the other responses which I view as a way to avoid truth.  The only thing that will bring about change, and lasting change, is truth.  Second to truth is responsibility in action.   

We, as advocates, believe that there should be reform to the juvenile justice laws, sentencing practices and incarceration policies.  We believe this, not only because it effects someone we know or love, but because it is the right thing to do.  Our current policies concerning juvenile justice treat these young people as throw aways.  Most people believe that these laws came into place because they were following the voice of the people.  I want to caution you in your belief that the legislators and the DA’s are acting on behalf of their constituents.  If you ask the ordinary person about criminal law, sentencing or prison conditions they are, for the most part, uneducated and dumbfounded when presented with the facts.  We are an apathetic nation in  our politics and law.  Most decisions concerning law are backed by a political agenda, not the will of the people.  I will give you two cases in point.  We, in Colorado, voted down the funding and support for the new CSPll Supermax prison.  It is being built anyway, backed by the sale of private gold bonds to fund the project.  Our House of Representatives and our Senate passed a measure (after much heated debate and testimony) to change our Direct Filing of Information Statute which would allow Defense Attorneys the ability to request a hearing, before a judge, to decide if a juvenile case should be tried in adult court or remanded back to juvenile court.  After passing the House and Senate our Governor vetoed the measure.  Our Governor is a former DA who helped to draft the original Direct File Statute.  I urge you to search for the TRUTH….and remember we are dealing with human lives….. kids lives. 

 Before you judge these young offenders, put yourself in their place.  Remember that you will not let your 16 year old get married, buy a car without your permission and assistance, join the service or drink alcohol.  Ask yourself if, given the same circumstance that was their life, would you have turned out any different?  Ask yourself if, when someone threatened your family or your life, would you be able to stand against the criminal acts they intended at 15 and 16?  Ask yourself how you would react when placed in shackles and threatened with your very life?  Ask yourself if you would be concerned about the victim and their family or whether or not that guard was going to throw you on the ground again?  Ask yourself if you would be more afraid of the courtroom, the judge or the cell mate that was extorting you for protection?  

 We have given a lot of press to victim’s rights organizations.  The TRUTH is that every person, that is involved in any way, with the sort of crimes that we are dealing with, is a victim.  The police officer, the investigators, the attorney’s, the D.A.’s, the judge, the families and the community.  They are forever changed and impacted by these crimes.  There is no way around that.  When someone dies during the commission of a crime, in a car accident or from natural causes, the family and friends gather around, mourn the loss and support the bereaved.  When someone dies “out of time” there is always anger and bitterness associated with the death and in the case of a criminal act resulting in death, they must recount the event over and over.  Every time that the case comes for an appellate hearing, before a parole board or a clemency board, the family of the victim is called upon again.  They are never allowed to heal.   

Victims.  I can only give my account, knowing that it reflects the accounts of other mothers and fathers of the accused.  When my son was first arrested, my family gathered around me.  When we went to his first hearing they were there.  My mother and father walked with me through the entire process.  My father could not imagine letting me go through all of it alone.  My mother and father were the only ones. My sister, and best friend until this time, eventually stopped calling.  My other sister called occasionally.  My other siblings never called.  Friends disappeared.  I would be invited to holiday gatherings, given the obligatory hug and greeting but no one would talk to me.  I was left alone to deal with 6000 pages of discovery, hundreds of pictures of the crime scene and a world I new nothing about.  I spent hours pouring over every detail, learning laws, speaking with attorneys, keeping the press at bay, watching our names be plastered every where.  Every time I wanted to give up, I would see my sons face, full of fear, as they took him away.  I lost my house, my financial stability, my family, my friends and…..my son.  There is nothing of my former life remaining.  My daughter lost her brother.  You see she is disabled and my son was her rock.  I have held her many times as she cried for her brother to come home.  The only people who visit my son regularly are his sister and I.  The TRUTH is 95% of incacerated individuals lose all contact with their families after 6 months.  When I go to visit my son, I see the same faces every weekend.  After 7 years, my sister and I are becoming friends, other siblings are still missing.  My parents, who stood by me for so long, don’t call, I have to call them.  I have been asked not to speak about what I do (advocacy) or my son, in social situations involving my family, they don’t want to deal with the questions.  My family and our relationships will never be the same.  The last time that I was allowed to visit my son face to face, he asked me why his family didn’t write or visit?  He wanted to know why they were so angry?  Why they wouldn’t at least give him the chance to say he was sorry for all the suffering?  I couldn’t answer.  We both cried. 

When I look at the destruction, and the stench rising from the decay reaches my nostrils, I am thrown to my knees crying Abba Father!  We, in our humanity, quickly look for cause and blame.  ‘These are “bad kids” who need to be put away and can never be useful.’  Is that what was thought of them on the day of their arrival and the world heard their first cry?  Are children born bad?  No, of course not.  How, then do we account for these actions?  Maybe that is why we are so punitive in our dealings with these young people.  If we took the blame from the kids, where would we put it?  What would we do with our anger and fear if we cannot place it on the kids?  These young people and their actions are a direct reflection of the society they have been raised in. Perhaps we have to look at ourselves.  We are responsible for creating the community and society that lends itself to this kind of behavior.  We are, after all, the grown ups here!  I believe the New York Times said it best.  “The question should not be ‘Why does this keep happening?’ but morever ‘How do we make it stop?”’

 As I minister to people and their broken relationships, broken marriages, disease and loss, I find a common thread.  Bitterness, Anger and Unforgiveness.  Every time without exception.  It is killing us and it is killing our children.  Where do we go from here?  To restoration, redemption and healing.  To responsibility, selflessness and compassion.  In order for that to happen, we have to turn off the TV, put down our personal agenda’s and reach out our hands.  Grab the hand of the kid next door, befriend the single mother, help the old man down the street and value family over all things.  We have to learn to forgive and try again when we fail.  We also have to stop giving lip service to the value of human life.  We have sent a mixed message to our children.  Murder is wrong but we condone abortion, brutality in war and the violence played out every day on our televisions.  We say every person is valuable but we turn our heads, giving tacit approval to the racism that is still alive in this country.  What have we become!?!  We need to become a people who believe in second chances.

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