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Letters, Op-Eds, and Presentations, United States

CESR Participation at the Justice 4 Youth Coalition Press Conference

Thecity, state and federal government have the continual responsibility torespect the human rights of children and young adults. This obligationis heightened in the public school system, where youth are fullydependent on the State to provide a secure and humane environment. TheInternational Covenant on Civil and Political Rights, which the U.S. formallyrecognizes, guarantees the right to security for everyone andestablishes limits on arrest and detention. The United NationsConvention on the Rights of the Child elaborates the human rights ofyouth. It has been signed and ratified by every country in the worldexcept for the U.S. and Somalia, but is recognized as legally binding in U.S. courtsbecause of its near universal recognition. This convention includessafety and dignity as human rights in the school environment. The humanrights to safety and dignity are not exclusively limited to therelationship between students. They also refer to the schoolenvironment, which must be child-friendly and humane, promotenon-violence and allow children to develop. Furthermore, schools mustrespect the right to dignity in administering discipline.

Summary: Declaration of the Poor People's Economic Human Rights Campaign on the Full Realization of Human Rights in the U.S.

Humanrights are universal and indivisible. Their realization requiresguarantees for all persons, regardless of race, gender, class, age,sexual orientation, disability, immigration, language or other statusof the complete set of rights: civil, political, economic, social, andcultural.

Domestic Remedies are Unavailable

  1. Domestic remedies must be exhausted prior to filing claims in theInter-American Commission, however, that requirement does not applywhen no remedy is available. Exhaustion is satisfied by article 37 ofthe Regulations of the Inter-American Commission on Human Rightsbecause US law "does not afford due process of law for protection of[the economic and social] rights that have allegedly been violated."Inter-Am. C.H.R. Regulations, suprapar. 13, at art. 37. Challenges, constitutional as well as statutory,to the Personal Responsibility and Work Opportunity Act of 1996, PRWORA, and Temporary Assistance for Needy Families, TANF, inthe courts of the United States would be futile thus exhaustion ofdomestic remedies requirement does not obstruct this claim in theInter-American Commission.