Wednesday, June 6, 2018

Separating Children and Parents at the Border: The Human Impacts of American Exceptionalism

On June 5, the Office of the UN High Commissioner for Human  Rights released a statement condemning the U.S. policy of separating children from their families at the U.S. border.   According to the UN spokesperson,  "The use of immigration detention and family separation as a deterrent runs counter to human rights standards and principles. The child’s best interest should always come first, including over migration management objectives or other administrative concerns.  It is therefore of great concern that in the US migration control appears to have been prioritised over the effective care and protection of migrant children."  The UN statement also noted that the U.S. is the only country "in the world" that is not a party to the UN Children's Rights Convention, and urged the U.S. to ratify the Convention.

Nikki Haley, the U.S. Ambassador to the UN, quickly responded to the statement, arguing (1) that it was hypocritical for the UN to criticize the US when other members also engage in human rights abuses, and (2) that the US, as a sovereign nation, can act with impunity when it is protecting its borders.  Both of these arguments are flawed, failing to take into account the totality of actions of the UN and ignoring the ways in which international law has been incorporated domestically.  In short, the administration's position, articulated by Haley, takes exceptionalism to new heights and, in the process, sends the message that no one's human rights are safe here.

First, the idea that the UN has hypocritically singled out the US for human rights criticism is absurd.  In the same press statement that critiqued the US child separation policy, the High Commissioner addressed human rights violations in Egypt and Ethiopia.  The day before, the High Commissioner examined human rights abuses in China.  A day later, Bangladesh was the topic.  The many mechanisms of the UN ensure that all countries are exposed to constructive criticism (as well as, when warranted, praise) through the Universal Periodic Review process, and by review of treaty monitoring bodies or Special Procedures.  The assertion that the U.S. can never be criticized on human rights grounds because of the amount of foreign aid and financial support that it provides sounds a bit like some other positions taken by this Administration, i.e., if you're rich enough, you don't have to play by the rules.

Second, Haley's assertion that U.S. sovereignty excuses human rights violations is also misplaced.  The human rights at issue here are so basic and fundamental that they transcend particular documents -- and in fact, have even been accepted by several U.S. courts as customary international law.  The Universal Declaration of Human Rights, a product of Eleanor Roosevelt's leadership, states clearly that the "[t]he family is the natural and fundamental group unit of society and is entitled to protection by society and the State."  Further under Article 14 of the UDHR, "Everyone has the right to seek and to enjoy in other countries asylum from persecution."  Certainly, an assertion of sovereignty doesn't excuse human rights abuses against children without some showing of absolute necessity and imminent harm.  There is nothing like that here.  Instead, the Administration has approached the impacts on children almost casually, as John Kelly noted that the separated children might eventually be placed in foster care "or whatever."  In fact, the impacts on vulnerable children separated from their parents are long-lasting and profoundly negative.  How far would the Administration go to protect U.S. sovereignty under the circumstances we have here?  Would the Administration assert that it's acceptable to shoot the "trespassing" children of immigrants and asylees seeking entry at the border, in order to deter the migrating adults and to protect U.S. sovereignty?

Given Haley's defense of the Administration's policy of separating children from their families, we must all ask, has human rights lost all meaning to the U.S. government?   

https://lawprofessors.typepad.com/human_rights/2018/06/separating-children-and-parents-at-the-border-the-human-impacts-of-american-exceptionalism.html

Children, Martha F. Davis, Migrants | Permalink

Comments

Post a comment