Pro-Active Parenting WA
CONSTITUTION, LAW & ETHICS
CONSTITUTION AND UNITED NATIONS CONVENTIONS
8th AMENDMENT
Excessive bail shall not be required, nor excessive fine imposed, nor cruel and unusual punishment inflicted.
13th AMENDMENT
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
14th AMENDMENT
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
SO WHAT?
Corporal punishment, by today's societal standards, is cruel and unusual within the institutional confines of the judicial system. While our most dangerous offenders are safe from harm, even whilst lethal injections are performed, our children are not, within the very sanctity of their own homes. The context of the 8th Amendment changes with society and their present understanding of unnecessary, unusual or cruel.
The Supreme Courts can, and have, invalidated punishments that are contrary to "the evolving standards of decency that mark a maturing society". As we evolve so do our laws and interpretations of them.
A boy paddled in a Mississippi school sought remedies under the 8th Amendment to the Bill of Rights. The Supreme Court threw out his case, not because he did not suffer obvious "cruel and unusual punishment", but because they believed at the time that the 8th Amendment only referred to the judicial system. Four of the justices insisted that there was no such limitation in the original context of the bill. And there isn't.
In accordance with the 13th Amendment there is no suggestion here that children are slaves. However, they do hold similar worth in our society. They can not leave and put up residence separately from their parents; understandable. They can not own property; understandably. Like slaves, children are harmed for their transgressions; not understandable. The original context and intent of the bill specifically touched on the inhumane "climate of fear" which was dealt to compel an individual to comply and work. A practice deemed inhumane against a grown, capable man would surely be considered an inhumane practice against this same man's children. Many parents, while they only hit their children 3 times in their life, will whip out the newspaper or worse and threaten them with pain hundreds of times for obedience. What constitutes a climate of fear is subjective, but the possibility of it at all can determine such an environment and should be eliminated altogether.
The 14th Amendment offers equal protection of the law. Safety, security, and a variety of other necessities that we are afforded including protections of our human rights. The list on the right illustrates the laws, and their subsequent definitions and examples, which we do not offer equal protection of. Despite that the Human Rights/Children's Human Rights conventions of the United Nations secures that children will have not only the same protection, but more, and that our constitution offers all citizens equal protection, our children being examples, they are still denied the liberty and security of their more enduring relatives, their parents.
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UNITED NATIONS UNIVERSAL HUMAN RIGHTS DECREE
PREAMBLE
Whereas 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,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now,
Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
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Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
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Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
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Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
CRIMES OF SIGNIFICANCE
ASSAULT
“An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and tort law. There is, however, an additional criminal law category of assault consisting of an attempted but unsuccessful battery”
“An intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact”.
“Assault in domestic and educational settings against children is not deemed unlawful if perpetuated by parents, guardians and/or educators for the purpose of correcting behavior”.
AGGRAVATED ASSAULT
"A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults."
"The crime of physically attacking another person which results in serious bodily harm and/or is made with a deadly or dangerous weapon such as a gun, knife, sword, ax or blunt instrument. Aggravated assault is usually a felony punishable by a term in state prison."
The paddle used in schools and homes is a dangerous and lethal weapon.
BATTERY
"The act must result in one of two forms of contact. Causing any physical harm or injury to the victim—such as a cut, a burn, or a bullet wound—could constitute battery, but actual injury is not required. Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery; occurrence of a physical illness subsequent to the contact may also be actionable. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will."
"Touching the person of someone is defined as including not only contacts with the body, but also with anything closely connected with the body, such as clothing or an item carried in the person's hand. For example, a battery may be committed by intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand."
SEXUAL BATTERY
"Sexual battery may be defined as non-consensual touching of the intimate parts of another." This is in the context that a dangerous weapon is used to make the offensive contact.
SEXUAL HARASSMENT
"Sexual harassment can occur in a variety of circumstances. Often, but not always, the harasser is in a position of power or authority over the victim (due to differences in age, or social, political, educational or employment relationships)."
"Sexual harassment includes bullying, coercion, power plays and other means of force into contact with erotic zones or sexually explicit scenarios".
DOMESTIC VIOLENCE
According to the Merriam-Webster dictionary definition, domestic violence is: "the inflicting of physical injury by one family or household member on another; also: a repeated / habitual pattern of such behavior."
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DECLARATION OF THE RIGHTS OF THE CHILD
Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959
WHEREAS 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,
WHEREAS the United Nations has, in the Universal Declaration of Human Rights, proclaimed 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,
WHEREAS 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,
WHEREAS the need for such special safeguards has been stated in the Geneva Declaration of the Rights of the Child of 1924, and recognized in the Universal Declaration of Human Rights and in the statutes of specialized agencies and international organizations concerned with the welfare of children,
WHEREAS mankind owes to the child the best it has to give,
Now, therefore,
Proclaims
THIS DECLARATION OF THE RIGHTS OF THE CHILD to the end that he may have a happy childhood and enjoy for his own good and for the good of society the rights and freedoms herein set forth, and calls upon parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles:
1 The child shall enjoy all the rights set forth in this Declaration. Every child, without any exception whatsoever, shall be entitled to these rights, without distinction or discrimination on account of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of himself or of his family.
2 The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration.
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4 The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to him and to his mother, including adequate pre-natal and post-natal care. The child shall have the right to adequate nutrition, housing, recreation and medical services.
5 The child who is physically, mentally or socially handicapped shall be given the special treatment, education and care required by his particular condition.
6 The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of children of large families is desirable.
7 The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He shall be given an education which will promote his general culture and enable him, on a basis of equal opportunity, to develop his abilities, his individual judgement, and his sense of moral and social responsibility, and to become a useful member of society.
The best interests of the child shall be the guiding principle of those responsible for his education and guidance; that responsibility lies in the first place with his parents.
The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavour to promote the enjoyment of this right.
8 The child shall in all circumstances be among the first to receive protection and relief.
9 The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be the subject of traffic, in any form.
10 The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, and in full consciousness that his energy and talents should be devoted to the service of his fellow men.
Many believe that the First Amendment gives them the right to harm their children, expressing that it is biblical and thus is a part of their freedom of expression. Despite that The Biblical Argument sub-section briefly disrupts this notion, the fact is that the First Amendment only protects you part of the way. The constitution protects all United States citizens. This means if your religion is a threat to another's well-being, it can be legitimately suppressed within reason to protect everyone else, including your children. Regardless if they identify with the religion in question.