Issues Library—Parental Rights
Parental Rights Amendment
What is the Parental Rights Amendment?
This constitutional amendment would reserve to parents the right to direct the education and upbringing of their children. A constitutional amendment can circumvent the threats of international treaties and contradictory domestic court decisions.
Why do We Need a Parental Rights Amendment?
Since 2000, the courts have been ambivalent as to whether or not parental rights constitute a fundamental right. To complicate matters, international law is finding its way into American jurisprudence, with the Senate likely to consider the ratification of the United Nation’s Convention on the Rights of the Child sometime in the near future. If this treaty were ratified, it would become the supreme law of the land under Article VI of the United States Constitution (which makes treaties signed by the U.S. equivalent to Acts of Congress and subordinate only to the Constitution’s text). The Convention on the Rights of the Child would radically alter the American flow of power and family structure, wresting authority from parents and giving it to the courts, and in some cases, to the United Nations. HSLDA continues to uphold the right of parents, not an 18-member international panel, to decide what is best for America’s children.
The grassroots organization, ParentalRights.org, was established in 2007 to pass this amendment.