Hilary White

Irish Children’s Rights Referendum will make children property of the state: U.S. legal expert

Hilary White
Hilary White

DUBLIN, November 5, 2012 (LifeSiteNews.comt) – A proposed “Children’s Rights” amendment to the Irish constitution will make children “creatures” of the Irish state, totally subject to the whims of state officers, who can order them adopted out to strangers without even judicial review, an American legal expert has warned.

The public is set to vote on the wording, which was described by the expert as “frightening,” on November 10th. Michael Vacca, a lawyer with the group Alliance Defending Freedom, a non-governmental organization focusing on religious freedom and family law issues, says the language places the rights of children at odds with the rights of their parents and the family, a move that is in direct contradiction to the Convention on the Rights of the Child to which Ireland is signatory.

“The Children’s Rights Referendum gives Ireland absolute control over children in Ireland, who are subjected to the fancies of the State and can be deprived of loving and caring parents without a clear showing of parental neglect or abuse.”

Vacca has written a comprehensive analysis of the proposed new wording to Ireland’s constitution in response to questions by LifeSiteNews.com. He told LSN that he hopes it will help to educate the Irish public on the threat to the family and to children posed by the government’s amendment. Recent polls show that, with millions of public and private funds being spent on the Yes campaign, and the No side coming late and underfunded to the fight, the referendum is likely to overwhelmingly pass the new wording.

Read: Why You Must Vote “No” on Ireland’s Children’s Rights Referendum on November 10th

“If this Referendum passes, Irish children will belong to the State, and parents will be powerless to protect their own children from the State,” Vacca warned.

“Ireland is legally obligated to comply with the Convention on the Rights of the Child, and the Children’s Rights Referendum will place Ireland out of step with the most widely ratified human rights treaty in the world.”

In the proposal, “The child is viewed as an isolated individual rather than as a part of the family,” Vacca said. “As a result, the child becomes a creature of the State of Ireland. Ironically, by claiming the authority of Ireland to safeguard the best interests of the child independent of parental rights, Ireland would thus violate the right of children not to have their families interfered with through the dismissal of parental rights.”

Ominously, given the current government’s growing antipathy towards the Catholic Church, Vacca warns that the ambiguity of the new wording could be used to impose a secularist interpretation of “best interests” and remove children from homes based on anti-religious prejudice.

“Whether, for example, a child’s safety or welfare is ‘likely to be prejudicially affected’ may very well depend upon the religion or culture of that child’s parents, or rather, the perception which an agent of the State has about that religion or culture,” he said.

The Irish state has claimed that the referendum will bolster protections for children according to the Convention on the Rights of the Child. But Vacca has found that it is precisely the rights defined by that document that will be threatened by the proposed amendment. He points out that the Convention on the Rights of the Child “explicitly and implicitly protects parental rights” as the best means of protecting children. Despite it being the Convention’s foundational principle, any mention of protections for the family is glaringly omitted from the wording.

The Convention’s Preamble states that the family, is “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children,” and as such “should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community”.

But far from protecting families, Vacca says, the government’s Committee on the Rights of the Child has “so contorted the express language used in the Convention that it has effectively interpreted [it] as a means for the State to usurp parental rights”.

The amendment’s wording grants the state the right to dissolve the family. It asserts that in undefined “exceptional cases” the “State as guardian of the common good shall, by proportionate means as provided by law, endeavour to supply the place of the parents.” It allows children to be seized by the state and adopted out to others against the will of their natural parents “where the best interests of the child so require,” with “best interests” also remaining undefined.

The Convention on the Rights of the Child, however, is quite specific about the meaning of “best interests” and defines it clearly as being “intrinsically connected with the protection of parental rights based on the family,” Vacca says.

Article 3(2) of the Convention says, “States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her…”

Vacca writes, “Lest States are tempted to think that they are the primary guarantors of the ‘best interests of the child,’ Article 3(2) makes clear that the best interests of the child standard necessarily involves the protection of parental rights.”

Further, the Convention repeats the priority of the rights of parents, saying in Article 5, “States Parties shall respect the responsibilities, rights and duties of parents”. According to the Convention, Vacca says, “Implicit in every child’s right, to education, to healthcare, to clothing and shelter, etc, is the right of children to exercise such rights within their family, that is, within the context of parental rights and duties.”

“There are no children’s rights which of their nature exclude parental rights because all the rights of a child should be exercised, if possible, within their respective families.”

The Convention also prohibits states from arbitrarily and unilaterally removing children from their parents’ supervision, even in “exceptional cases” where the child is subject to abuse. The determination of the State to remove children from their parents must be subject to judicial review, and courts must have the authority to return a child to his parents if that is in the “best interests” of the child. “The Convention on the Rights of the Child presumes that parents act in the ‘best interests’ of their children,” Vacca said.

Vacca says it is the proposal’s blanket permission to adopt children out without their parents’ consent that is “most frightening” because the grounds for this extreme action are left entirely to the discretion of the state to define.

The state can adopt out children when parents fail in their “duty” but this is undefined, and “in practice means …whatever the State of Ireland wants it to mean”.

“Secondly, since the ‘best interests of the child’ is determined without regard to parental rights, it is the State which unilaterally determines the ‘best interests of the child.’

“Thirdly, the period of time that parents must fail in their duty towards their child to have their child taken away from them without their consent is unspecified, and could theoretically be a very short period of time.”

Many of the amendment’s critics have pointed out that the scandals involving abuse of children in various institutions, that prompted the proposal for the referendum, occurred in state-funded and supervised institutions, not within private families. Moreover, the amendment includes no language to create a mechanism or structure to supervise state officials in their dealings with children.

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Christian clerk fights on as Sixth Circuit orders her to issue gay ‘marriage’ licenses

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By Dustin Siggins

ROWAN COUNTY, KY, August 27, 2015 (LifeSiteNews) -- A federal appeals court has ordered Christian clerk Kim Davis to provide same-sex “marriage” licenses, but she’s refusing to give in.

Davis, a Democrat, says that her Christian beliefs will not allow her to issue licenses for same-sex “marriages.” Despite pressure from Democrat Gov. Steve Beshear, a lawsuit from the ACLU, and two federal court rulings, Davis has refused to issue any licenses while the matter is still working its way through the courts.

However, the Sixth District Court of Appeals said Davis must issue the licenses.

While critics say Davis must follow the law as a public employee, she says the First Amendment protects her decision even as a government worker. In addition to being sued by the ACLU, she has pro-actively taken her case to court.

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Beshear told all government employees that "you can continue to have your own personal beliefs, but, you’re also taking an oath to fulfill the duties prescribed by law, and if you are at that point to where your personal convictions tell you that you simply cannot fulfill your duties that you were elected to do, then obviously an honorable course to take is to resign and let someone else step in who feels that they can fulfill those duties.”

The initial court decision against Davis was stayed 10 days ago. Liberty Counsel's Mat Staver, whose organization represents Davis, told CNN that they might appeal to the U.S. Supreme Court and are hoping the high court would issue a stay of the Sixth Circuit ruling in the interim.

A poll of Kentucky voters that was released last month found that 50 percent of the state backs natural marriage, while only 37 percent supported its redefinition. 

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Christians at Duke U refuse to read lesbian porn novel assignment

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By Steve Weatherbe

DURHAM, NC, August 27, 2015 (LifeSiteNews) -- Christian freshmen at Duke University are refusing to read an assigned graphic novel depicting masturbation and homosexual intercourse. The university says the assignment was optional and won’t discipline the holdouts.

Brian Grasso emerged as the spokesperson for the dissenters after he posted his decision on the Class of 2019’s closed Facebook page. Opponents have done their best to mock and deride the holdouts as ignoramuses who don’t belong at Duke, but Grasso has addressed all their jibes, first to Duke’s student paper and then in an op-ed in the Washington Post, intelligently and engagingly.

The book at issue is Fun Home, a fictional depiction by lesbian artist Alison Bechdel of growing up with a homosexual, suicidal dad and discovering sex with other girls. “After researching the book’s content and reading a portion of it, I chose to opt out of the assignment,” Grasso told Post readers, explaining he was not opposed to learning about homosexuality any more than he would be with the ideas of “Freud, Marx or Darwin,” though he might find them immoral too.

“But in the Bible,” he went on, “Jesus forbids his followers from exposing themselves to anything pornographic. ‘But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart,’ he says in Matthew 5:28-29. ‘If your right eye causes you to stumble, gouge it out and throw it away.’” He then cited St. Paul to support his argument.

Grasso knew Christians would be in the minority at Duke, he admitted, but what surprised him was that Duke would blithely assign something so obviously offensive to this minority. “Duke did not seem to have people like me in mind. It was like Duke didn’t know we existed, which surprises me.”

But Patrick Reilly, the president of the Cardinal Newman Society, an organization devoted to promoting American Catholic orthodoxy at Catholic universities, isn’t surprised. “American society has been moving away from Christian values or even neutrality, especially at secular institutions but even at Catholic and other Christian schools,” Reilly told LifeSiteNews. He urged Catholic and other Christian parents and high school students to choose their universities carefully.

Other freshmen have supported Grasso: Bianca d’Souza said the novel’s ideas were important but the salacious content unnecessary and offensive. Jeffrey Wubbenhorst wrote, “”The nature of ‘Fun Home’ means that the content that I might have consented to read in print now violates my conscience due to its pornographic content.”

But others from the class of 2019 responded, “Reading the book will allow you to open your mind to a new perspective and to examine a way of life and thinking with which you are unfamiliar.”

In the same vein students wrote the Duke student newspaper Chronicle, mocking the dissenters with references to a Dr. Seuss children’s book. “Mermaid Warrior,” for example, wrote, “I’m sure there are people who think Cat in the Hat sends bad messages. That’s a big problem I have with complaints like these, ‘I shouldn’t be expected to read stuff I disagree with!’ It’s like, guess what, there’s no way to find something that everyone will agree with.”

But Grasso makes clear his issue isn’t with disagreeable ideas at all. “I think there is an important distinction between images and written words. If the book explored the same themes without sexual images or erotic language, I would have read it. But viewing pictures of sexual acts, regardless of the genders of the people involved, conflict with the inherent sacredness of sex. My beliefs extend to pop culture and even Renaissance art depicting sex.”

Inevitably, Duke itself weighed in. The book was selected for summer reading by the freshman class, explained Duke’s vice president or public affairs, Michael Schoenfeld, “because it is a unique and moving book that transcends genres and explores issues that students are likely to confront.”

After touting its artistic value and noting that a Broadway adaptation won the Best Musical award for 2015, he noted that the book was not a requirement and there would be no examination or grading. He expressed the hope that Duke’s 1,750 freshmen would arrive with open minds willing to “explore new ideas.”

But for all that, Schoenfeld did not explore the issues raised by Grasso: morality, pornography and the sexualization of relations.

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Aborted babies’ hands too disturbing? Solution: chop them off before shipping the bodies

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By John Jalsevac
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August 26, 2015 (LifeSiteNews) - As if we needed more evidence that many of those in the abortion industry know perfectly well what they are doing, along comes the latest undercover video from the Center for Medical Progress (CMP).

The video includes disturbing undercover footage of a conversation with Cate Dyer, the CEO of StemExpress, a biomedical firm that acquires the bodies of aborted babies from Planned Parenthood clinics.

During that conversation Dyer infamously jokes with an undercover investigator about the need to warn lab techs ahead of time when a fully “intact” aborted baby's cadaver is being shipped to them.

But there it is: that hand, in all of its beauty, and its horror. Beautiful, as every hand is beautiful. Horrific, in that it is attached to a dismembered arm, yanked out of its socket, and swimming in a pool of the baby’s intestines and other body parts, to be bartered over and sold. 

“If you have intact cases, which we’ve done a lot, we sometimes ship those back to our lab in its entirety,” she says. "Tell the lab it's coming, so they don't open the box and" scream. "Their lab techs freak out and have meltdowns."

"Academic labs cannot fly like that, they are just not capable," Dyer adds condescendingly. "It's almost like they don't want to know where it comes from. I can see that."

But don’t worry, Dyer makes it clear she knows exactly where fetal tissue comes from, and isn't bothered in the least.  However, she agrees with a joke made by the undercover investigator, that if you’re going to be shipping the intact body of an aborted baby, it would be best to always make sure that the “eyes are closed.”

But surely the saddest part of the conversation comes when Dyer reveals how some of those squeamish lab techs manage to get around their natural repugnance at receiving little, perfectly-formed babies’ bodies in the mail, which they will then slice and dice – all in the name of “medical progress,” of course.

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She says that she often receives instructions from scientists who experiment on aborted babies that, "We need limbs, but no hands and feet need to be attached."

A curious request, no? But then again, there is something especially pesky about those tiny hands and feet, isn’t there?

Human hands are, after all, a true marvel of nature – so far surpassing in dexterity the appendages of any other mammal, the unparalleled tools that have enabled human beings to build empires, create art of breathtaking beauty, and to express themselves in myriad different ways. So marvelous, in fact, that Isaac Newton is reported to have said, “In the absence of any other proof, the thumb alone would convince me of God’s existence.”

Not only are hands and feet useful, but they knit human beings together in intimacy: lovers will hold or squeeze their beloved's hands, and friends will soothe their friends in time of sorrow by taking their hands. And then there is the case of new parents, who will go into raptures over the hands and feet of their newborn babies, and speak, using the foolish language of love, of wanting to “eat” them. Mothers will shower their newborn babies’ feet with kisses, and tickle them, and will study and fall in love with every dimple, every crease.

Perhaps that is why so many people found the fifth (or was it the sixth? I’m losing track of the horrors) video so disturbing: that footage inside the lab, when the man behind the camera uses his tweezers to delicately lift up a dismembered arm, with the hand still attached.

That arm, it is true, would not have been half so disturbing, were it not for the hand. But there it is: that hand, in all of its beauty, and its horror. Beautiful, as every hand is beautiful. Horrific, in that it is attached to a dismembered arm, yanked out of its socket, and swimming in a pool of the baby’s intestines and other body parts, to be bartered over and sold. 

Before this, we have heard the lab techs on camera identifying the baby as a twin, at about 20-weeks gestation. In other words, a baby on the very verge of viability.

But no mother will gaze in raptures at those hands and those feet. Instead, Planned Parenthood will discuss how much they can “get” for each "specimen." And perhaps Cate Dyer will instruct her staff to cut off the hands or the feet before shipping the limbs to those too-tender-hearted lab techs who might “freak out” and “have a meltdown” at being forced to see too much of the truth.

But what does it say about us, and our politicians, that the videos with those pesky hands and feet are out there circulating, watched by millions, and yet we are not “freaking out” or having any meltdowns?

Instead, our politicians are dismissing the video as being "highly edited," as if David Daleiden of CMP is a CGI wizard who can conjure up dismembered limbs at will, and even though even Planned Parenthood has never denied the existence of those dismembered arms and legs, but has only implausibly denied that they are illegally "profiting" from the sale of the appendages - as if illegally profiting from the sale is somehow worse than the fact that they have dismembered the babies in the first place. 

If the dismembered hands and feet aren't enough to awaken our consciences, and to force our politicians to stop the massacre, what will be? I fear the answer to that question. 

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