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Parental Alienation a genocide crime or a crime against humanity!

Athens, GA, United States

Apr 21, 2015 — Parents, Grandparents, Signatories,

More than 70 years ago, Raphael Lemkin in his research quoted Winston Churchill broadcast of August, 1941. Churchill said, "We are in the presence of a crime without a name." Later on, in 1946 Raphael Lemkin created the word Genocide.

There is a general belief that genocide refers only to mass murder during war. That is not the case, genocide has not limits whether it is perpetrated against one person or millions or if the person is killed or not, it is genocide for as long as the crime fits a set of criteria. On the other hand, crimes against humanity include a larger spectrum of widespread or systematic crimes committed during times of war or peace.

In 1985 when Richard Gardner invented the term parental alienation he explained that alienating parents damage or sever the child's relationship with the non-custodial parent. Gardner uncovered a crime and gave it a name.

Parental alienation is a crime globally denounced by parents, condemned by society, acknowledged by social science professionals and pointed out by a minority of legal experts. Same as in genocide, parent alienators act with the intent to destroy "in whole or in part" a biological father or mother and their family group. As such, parental alienation is a genocide crime with a well defined pattern.

After the Convention on the Rights of the Child (CRC) in 1990, parental alienation acquired a new dimension. States in accord with the recommendations and interpretations of the Committee on the Rights of the Child, engage in global and systematic parental alienation. States practice three different but related types of parental alienation; uni-parental custody in divorce proceedings, forced removal and forced adoptions of children. Nevertheless, both State and alienating parents are violating Article 2(e) of the Convention on Genocide which defines as a crime "Forcibly transferring children of the group to another group." Incongruous enough, the CRC preamble acknowledges "...the family, as the fundamental group of society..."

Parental alienation perpetrated either by an alienating parent or by an alienating State fulfills both criteria of genocide and crimes against humanity, but as Raphael Lemkin remarked, "It would be impractical to treat genocide as a national crime, since by its very nature it is committed by the state or by powerful groups which have the backing of the state. A state would never prosecute a crime instigated or backed by itself."

What next?

To end parental alienation, it may be imperative to bring perpetrators of such serious crime to the International Criminal Court. Regardless of their position of power or influence, no one is immune from prosecution for genocide or crimes against humanity, not even a head of State.

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UN General Assembly President Sam Kutesa with UN Secretary-General Ban Ki-moon.

UN Secretary-General Ban Ki-moon (right) with UN Economic and Social Council President Martin Sajdik.

Kirsten Sandberg, Chair of the the Committee on the Rights of the Child.

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