Hilary White

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

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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Prof. Robert Spaemann, a close friend of Pope Emeritus Benedict XVI, says Amoris Laetitia directly contradicts St. John Paul II’s teaching.
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Pope’s exhortation is a ‘breach’ with Catholic Tradition: leading German philosopher

Claire Chretien Claire Chretien

April 28, 2016 (LifeSiteNews) – A prominent Catholic philosopher and close friend of Pope Emeritus Benedict XVI said Thursday that Pope Francis’s exhortation Amoris Laetitia is a “breach” with Catholic tradition and directly contradicts the teachings of Pope St. John Paul II in his exhortation Familiaris Consortio.

"If the pope is not willing to make a correction, it is up to another pontificate to officially put things back into order."

Professor Robert Spaemann told the Catholic News Agency’s German branch that changing the Church’s sacramental practice would be “a breach with its essential anthropological and theological teaching on human marriage and sexuality.”

“It is clear to every thinking person who knows the texts that are important in this context that [with Amoris Laetitia] there is a breach” with the Church’s Tradition, Spaemann said.

The professor’s remarks were translated by Dr. Maike Hickson in an article at OnePeterFive.

In Familiaris Consortio, Pope St. John Paul II upheld the Church’s longstanding approach to the question of admitting to the Sacraments remarried divorcees, by writing:

…the Church reaffirms her practice, which is based upon Sacred Scripture, of not admitting to Eucharistic Communion divorced persons who have remarried. They are unable to be admitted thereto from the fact that their state and condition of life objectively contradict that union of love between Christ and the Church which is signified and effected by the Eucharist. Besides this, there is another special pastoral reason: if these people were admitted to the Eucharist, the faithful would be led into error and confusion regarding the Church's teaching about the indissolubility of marriage.

Footnote 351 of Amoris Laetitia seemingly contradicts the above passage by asserting that in certain cases, integrating back into the Church the divorced and remarried and others in “irregular” situations “can include the help of the sacraments.”  The footnote then mentions both Confession and the Eucharist.

Bishop Athanasius Schneider, Auxiliary Bishop of the Archdiocese of Maria Santissima in Astana, Kazakhstan criticized Amoris Laetitia for its lack of clarity on the subject.  “Analyzing some of the affirmations of AL with an honest understanding, as they are in their own context, one finds that there is a difficulty in interpreting them according to the traditional doctrine of the Church,” wrote Schneider.

Spaemann also condemned the exhortation’s seeming embrace of “situation ethics” as opposed to universal norms and its call to not judge people’s actions that directly contradict the Church’s sexual ethics.

“When it comes to sexual relations which are in objective contradiction to the Christian order of life, I would like to know from the pope after which time period and under which conditions such an objectively sinful behavior becomes a conduct which is pleasing to God,” said Spaemann. 

By turning “chaos into principle” with “one stroke of a pen,” Pope Francis is leading the Church “into the direction of schism,” Spaemann said—and he warned that such a schism would not be “at the periphery, but in the middle of the Church.” 

Spaemann also warned that Amoris Laetitia may be used to bully faithful priests. He wrote:

Each individual cardinal, as well as each bishop and each priest is now called to preserve in his field of authority the Catholic Sacramental Order and to confess it publicly. If the pope is not willing to make a correction, it is up to another pontificate to officially put things back into order.

RELATED

Famed German Catholic philosopher makes waves for criticizing Pope Francis’ ‘autocratic’ style



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The Institute for Family Health, a federally qualified health center, has been running an abortion facility in apparent violation of federal law.
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Federally funded community health center may have illegally performed abortions: Report

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WASHINGTON, D.C., April 28, 2016 (LifeSiteNews) – A federally qualified health center (FQHC) apparently performed abortions, although nearly all federal funds are forbidden from being used for that purpose, sources tell LifeSiteNews. Now, pro-life congressmen are demanding further investigations into the use of U.S. taxpayer funds to promote abortion-on-demand.

The issue came to light when a federal inspector general's report found that six Americorps volunteers had been acting as "abortion doulas," giving emotional support to women who chose to have abortions.

The National Association of Community Health Centers (NACHC) allowed the volunteers – who received tens of thousands of taxpayer dollars – to support abortions that took place inside a New York abortion facility run by the Institute for Family Health (IFH).

Americorps “volunteers” illegally supporting abortion at taxpayer expense is an ongoing problem. But there's more to the story.

The IFH proudly advertises itself as a federally qualified health center (FQHC). Federal dollars are restricted from underwriting most abortion at FQHCs, in line with the Hyde Amendment. This does not hold true for the Affordable Care Act, conventionally known as ObamaCare.

To ease qualms raised by pro-life Democrat Bart Stupak and others, on March 24, 2010, Barack Obama signed Executive Order 13535. It states that “the Hyde [Amendment] language shall apply to the authorization and appropriations of funds for Community Health Centers...I hereby direct the Secretary of HHS to ensure that program administrators and recipients of federal funds are aware of and comply with the limitations on abortion services imposed on CHCs by existing law.”

Pro-life groups warned at the time that an executive order was insufficient to prevent taxpayer funding of abortion, and the law itself had to be amended – or defeated.

Stupak, who voted for ObamaCare before retiring from Congress, later said he was “perplexed and disappointed” by President Obama's “double cross” during the law's implementation.

Pro-life experts today say Congress must investigate whether the law is being violated and, if so, if the offense is isolated to IFH.

"For years the Obama administration has claimed that the Affordable Care Act and federally-funded health centers do not subsidize abortion, and the president finally signed additional provisions, passed last year by Congress, to ensure that community health centers do not use federal funds to support abortion,” said Arina Grossu, the director of the Center for Human Dignity at the Family Research Council. “Now we learn that CNCS is violating the law by helping women obtain abortions.”

“This blatant violation of federal law by CNCS and AmeriCorps demands that Congress investigate government-funded community health centers,” Grossu said. “It's time for this administration to stop foisting its radical abortion agenda on the American people and using their tax dollars to do so.” 

Pro-life advocates have long said that there is no need to fund Planned Parenthood, because federal women's health dollars could be reappropriated to FQHCs, which do not perform abortion.

There are 9,170 federally qualified health centers compared to about 700 Planned Parenthood facilities, according to the Charlotte Lozier Institute. FQHCs see 21.1 million patients a year, while Planned Parenthood saw 2.8 million people, the institute reported.

The latest example of federal dollars being channeled to support abortion, the law notwithstanding, has undermined some confidence in the FQHCs.

Rep. Diane Black, a pro-life Republican from Tennessee, said, “NACHC didn’t just break the rules; they broke trust with the American people. My constituents expect that federal funding given to our community health centers will be used to protect and enhance people’s lives, not to be a willing partner in their destruction.”

At least two Congressional leaders – the chairman of the House Energy and Commerce Committee and the chair of the House Health Subcommittee – have promised they will take action immediately.

“Federal law demands that taxpayer dollars are never to be spent on abortion activities. Not one penny. Period. But a disturbing report from an independent watchdog reveals that was not the case with brazen pursuits by the National Association of Community Health Centers,” said Congressmen Fred Upton and Joseph Pitts of Pennsylvania, both Republicans. “The law was violated and this shameful failure of trust will not be tolerated.”



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Abortion lobbyists demand Ted Cruz renounce pro-life leader Troy Newman

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WICHITA, Kansas, April 28, 2016 (LifeSiteNews) – The nation's largest abortion providers, an abortion lobbying group, and an ultra-liberal political organization are demanding that Senator Ted Cruz cut ties with Operation Rescue President Troy Newman – something that only proves how effective he has been, Newman's organization says.

Planned Parenthood, NARAL Pro-Choice America, and People for the American Way are asking Cruz to fire Newman as national co-chair of the “Pro-Lifers for Cruz” coalition, claiming that Newman supports violence.

“Troy Newman’s history of violent rhetoric and harassment toward women’s health providers is truly beyond the pale,” the three say in a letter to Sen. Cruz, linking to quotations from his 2000 book, Their Blood Cries Out.

“What Planned Parenthood and their cohorts call 'violent rhetoric' is really a discussion of Old Testament Bible verses taken out of context,” said Cheryl Sullenger of Operation Rescue and co-author of the book Their Blood Cries Out. The work establishes the sinful guilt of abortion before highlighting the mercy available in the New Testament for those who accept Jesus Christ, Sullenger said.

The letter also cites a report from the National Abortion Federation stating that abortionists have experienced an increase in “hate speech and internet harassment” since the release of CMP's undercover videos of Planned Parenthood, “which Newman was a driving force behind.”

“What they call 'harassment' is peaceful activism that is completely protected by the First Amendment,” Sullenger responded.

Newman has consistently denounced criminal action and violence of any kind during his decades in the pro-life movement, Operation Rescue said of the allegations – many of which were circulated to prevent Newman from entering Australia last year.

“Newman’s position on abortion-related violence is clear. He denounces violence against abortion providers as well as the violence perpetrated by the abortion cartel against innocent babies in the womb and their mothers,” Sullenger said.

“Attacking the messenger is the only way they have to try to discredit the hefty volume of evidence against them. This most recent attack is all about manipulating the public’s perception against those who exposed Planned Parenthood in order to deflect attention from their own crimes.”

But the three groups poured vitriolic scorn on Newman. Michael Keegan, president of People for the American Way, called Newman's role “completely unacceptable...No politician should be allowed to pander to violent anti-choice extremists without being called out.”

NARAL Pro-Choice America President Ilyse Hogue said, "Troy Newman is an anti-choice extremist and misogynist ideologue.”

A Planned Parenthood executive said the choice proved Sen. Cruz and his vice presidential choice, Carly Fiorina, are unfit for office.

“It is not surprising to see Ted Cruz embrace this type of violent extremism -- after all this is the same man who has told malicious lies about Planned Parenthood, would criminalize abortion, and tried to shut down the government” to defund Planned Parenthood, said Dawn Laguens, executive vice president of the Planned Parenthood Action Fund. “This is what the Cruz-Fiorina ticket stands for."

Sullenger dismissed their rhetoric as “a feeble attempt to hurt the presidential candidacy of Sen. Ted Cruz, who they know will seek to enforce the laws against them.”

Cruz has repeatedly stated that, if he is elected president, he will defund Planned Parenthood – before prosecuting them.

Their letter has led to a number of articles in the mainstream media, including Politico, the Huffington Post, and Glamour. The last publication, a feminist magazine aimed at young women, slammed Ted Cruz's choice of Carly Fiorina for vice president, telling its readers to “hold on to your uterus.”

“Not one of these publications bothered to reach out to Newman or Operation Rescue’s staff for their response,” Sullenger said.

This morning and afternoon, both sides of the abortion debate have used the Twitter hashtag #FireTroy to get their message across.

Sen. Cruz has not responded to the call, but the letter implies that purging Newman from the campaign would not satisfy the pro-abortion coalition. “There are a number of coalition members whose records raise serious concerns,” they say.



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