WASHINGTON – Former Sen. Rick Santorum, a former GOP presidential candidate and the father of a handicapped child, joined Sen. Mike Lee, R-Utah, in denouncing the United Nations Convention on the Rights of Persons with Disabilities, saying it would open a "Pandora's box" of legal interpretations resulting in a "direct assault on us and our families."
In a press conference on Capitol Hill Monday, both Santorum and Lee said Articles 4 and 7 of the convention, which reference the rights of disabled children, represent a threat to both national sovereignty and the rights of families to make decisions on how to raise their own children.
"Our concerns with this convention have nothing to do with a lack of concern with the rights of persons with disabilities," said Lee. "They have everything to do with protecting national sovereignty, protecting the interests of parents … and the interests of families."
Article 4 of the convention compels member states to embrace "economic, cultural and social rights" that are rooted in the concept that government creates rights, as contrasted with the uniquely American view that rights are inalienable and God-given.
This is, Lee explains, "unknown in our legal system" as it presupposes that the state, not God, is the origin, of our rights.
Article 7 incorporates into U.S. law the authority of the state to determine where children may be educated after the state determines when it is necessary to intervene.
Santorum furthermore stated that not only is the convention a threat to sovereignty and families, it is also unnecessary, as the U.S. already meets or exceeds the standards of the treaty.
"We have the most robust laws designed to protect persons with disabilities," said Lee.
Michael Farris, chairman of the Home School Legal Defense Association, described how New Zealand has already incorporated the treaty into law. Now, according to Article 7, parents in the country are subject to the discretion of the state on where to send their disabled children.
Democrat Harry Reid, the Senate majority leader, has said that there will be a move to attempt to ratify the treaty, but both Lee and Santorum are confident it will not be ratified as they have pledges from 36 GOP senators to oppose it. According to Article II, Section 2, Clause 2 of the United States Constitution, a treaty requires a two-thirds vote in the Senate to be ratified.
When asked if the treaty was a part of a clandestine move by the Obama administration to give momentum to Obamacare, both Lee and Santorum had no "sense" that it was the case. However, Farris said he thinks it represents a major attempt at a power grab by the United Nations.