By Carolyn Martin (CHEC Director of Government Relations)
Originally published in the CHEC blog.
There has been an international push over many decades to create a right of education for children. The United Nations (UN) through UNESCO (United Nations Educational, Scientific and Cultural Organization) has been at the forefront of this push and they have established several treaties beginning in 1960 with the UN Convention Against Discrimination in Education. Interestingly, the United States (US) has declined to ratify these treaties. Homeschoolers fought hard against the ratification by the US Senate of the United Nations Convention on the Rights of the Child (UNCRC) since it was signed by the Clinton administration in 1995. Despite this, individual states and the federal government have been implementing various aspects of these treaties through their lawmaking process for years.
Parental Rights or Rights of the Child
In Colorado, we have seen for some time now a shift away from parental rights to the rights of a child, including when it comes to education. There have even been some attempts this year to put the right of a child to a quality education in the Colorado Constitution. Under the biblical order of the family, it is parents who steward the rights of children until they are capable of handling the responsibility of exercising their rights on their own.
Positive Rights vs. Negative Rights
Attorney Kevin Boden, from HSLDA, gave those who attended the class at CHEC’s Homeschool Day at the Capitol a quick lesson on the difference between positive rights and negative rights. Negative rights are the requirements of someone else not to interfere in your ability to obtain something. He referred us to the 4th Amendment guarantee to be secure from unreasonable searches and seizures without probable cause. The government is responsible for making sure they do not infringe on our right of property. Positive rights are a requirement of someone else to provide you with something. Here, he referred to the 6th Amendment right to a speedy trial, which the government must provide through its taxpayer-funded judicial system.
The parental right to direct the upbringing, care, and education of their children is a negative right. The government must secure that fundamental right given to us by God and not infringe upon it. A right of a child to a quality education is a positive right. It would require the government to provide for the education and ensure the quality of it. Home education would be subjected to greater scrutiny because the government would have a duty to evaluate the quality and content of the education being provided by the parents. Nature’s law is based on negative rights, not positive rights, but the world system is trying to move all nation states toward the positive rights structure through the UN treaties.
Ideas have Consequences
Ideas have consequences, and we must be careful to choose wisely what ideas we support and stay true to God’s order for the family and education. As the election season heats up, let’s make sure we ask probing questions of those who want to represent us! Do they support parental rights, and what does that mean to them? Do they know the difference between children’s rights and parent’s rights? How will they ensure we have the freedom to home educate our children without government intrusion?
Our parental rights are in danger, and we must stand together to preserve them.
Colorado Amendment 80 is on the ballot on November 5. Before you walk into the voting booth, educate yourself and inform others to do so as well. Amendment 80 could open the doors to unintended consequences in our fight for educational independence and protecting our homeschool freedoms. As citizens, it is our responsibility to be informed of what our government officials are doing!
Carolyn Martin serves as CHEC’s Director of Government Relations, working for you and other liberty-loving families to protect homeschool freedom, parental rights, and religious liberty at the state capitol. Subscribe to the CHEC blog for Carolyn’s regular updates here, learn more about legal issues in Colorado here, and donate to support Homeschool Freedom here. Contact Carolyn directly at carolyn@chec.org.
M says:
Don’t parents already have to prove a quantity and quality of education per CO homeschool laws by stating the number of days per year the child will engage in educational activities and providing an assessment at the end of the year?
As it now stands, the legislature could change that law and also take away school choice so my view is that Amendment 80 at least gives protection to one of the two. The best way to protect educational choice is to elect the right representives.