Delivery Man Movie Analysis
“The right to know parents in the movie Delivery Man” Introduction In this paper I would like to discuss the right to know parents and how it was reflected in recent American movie “Delivery Man”. The main goal of this review is to analyze those human rights issues, which were presented in this film. I will start with the brief review of the film in first chapter. In second chapter I will focus on human rights issues, like the right to know parents of the article 7(1) of the Convention on the Rights of the Child, as well as its applicability to US legal system, and the privacy rights. In third chapter I will briefly examine the position of the Treaty Body the Committee on the Rights of the Child, particularly its general comments and concluding …show more content…
The right to know parents mentioned in the film is proclaimed by part 1 of article 7 of the Convention on the Rights of the Child: “1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents”. 2.1.1 Applicability of the right to know parents in the USA Unfortunately, though the USA signed the Convention on the Rights of the Child on 16 Feb 1995, it still hasn’t ratified it. It is important to notice that: “in USA the provisions of the treaty will be given effect as ordinary national law, prevailing over existing inconsistent laws but subject to being overridden by subsequent national laws. […] In USA directly applicable treaties prevail over the inconsistent laws … of the constituent …show more content…
Even though the USA hasn’t ratified the Convention, it has been rather active within the Committee on the Rights of the Child and submitted two reports. Unfortunately, Committee in its concluding observations does not give any recommendations to America in relation to the right to know parents, mainly focusing on the war issues. The right to know parents can be applicable to US cases if we regard it as a directly applicable clause. This norm can also be applicable if it is a part of customary international law. In Beharry v. Reno the court ruled that although the United States has not ratified the Convention on the Rights of the Child, “its ratification by every other organized government in the world demonstrated clearly that its prohibitions constitute customary international law”. Particularly, in this case the court examined the right to know parents, so we can make a conclusion that the right to know parents forms customary international law and as a result is legally binding for the USA. Moreover, as the USA belongs to the common law system, this precedent is a source of law. Some authors claim that the right to know the parents originates from the freedom to seek, receive and impart information of article 19(2) of the ICCPR, which the USA also
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