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State Violates Wisconsin Children's Rights

June 29, 2001

Milwaukee's children have been in the news lately. Most of the news has been unhappy.

Children in Milwaukee's state sponsored private school voucher program are treated as if they were the pawns of voucher schools. Many of these private schools threaten to go out of business and flood the Milwaukee Public Schools beyond MPS's capacity. The voucher schools want the taxpayers to continue to fork over more money per voucher than non-voucher students pay for tuition. A recent expose in the Shepherd Express reveals a balkanizing educational scheme, that is state financed and out of control.

Children in Milwaukee's state-run foster care system are at significant risk of continued neglect and abuse even when placed under state supervision outside their homes. One infant recently died in foster care. Meanwhile, the finger pointing has reached an unseemly level.

Children in some of Milwaukee's neighborhoods are victimized twice by our failure to deal with alcohol and drug abuse. They are first harmed when their neighbors or family members are addicted and engage in unhealthy behaviors. These children are harmed again when governments give more attention to arresting and imprisoning addicted parents and siblings than on public health solutions to a public health problem.

Lead paint, gun violence, and W-2; the litany goes on. According to the latest figures from U.S. Census Bureau, 28 per cent of Milwaukee's children live in poverty. That's a disgrace.

Yet so-called leaders in the Milwaukee metropolitan area and in Madison in state government allow this litany of horrors to continue. Are they helpless? Are politicians merely responding to the will of the voters? Are business leaders merely looking after the bottom line? Are community activists merely fighting over scare resources? Or is something else going on? Surely we don't hate other peoples' children. Surely our children wouldn't be threatened, if poor children are not harmed by the state system that is supposed to protect them or if poor children who remain in MPS are not written off because of voucher backers in the Legislature and conservative think tanks.

Children regardless of their socio-economic status have constitutional rights relative to the State and moral claims on any society that calls itself civilized. Children cannot be blamed for their parents' actions. Being poor is tantamount to sin among a few Calvinists or Social Darwinists perhaps, but people are usually not held responsible for conditions beyond their control. Children may twist overly indulgent or stressed parents around their little fingers, but for the most part children cannot control their parents, much less public officials. Apparently, we are deeply ambivalent over who's to blame for suffering children and on how to ameliorate that suffering.

The members of the American Civil Liberties Union have a different vision of rights and responsibilities. The ACLU of Wisconsin has consistently opposed unfairly giving millions of dollars with no strings attached to private voucher schools for the few, while the vast majority of Milwaukee's school children attend deficit-ridden MPS. The ACLU is helping Children's Rights, Inc. with a lawsuit seeking to remedy the horrendous conditions in Milwaukee's state run foster care system. We're opposed to the so-called "War on Drugs." and the prison industrial complex that creates monstrosities, such as Wisconsin's super maximum prison in Boscobel, which is the object of another ACLU lawsuit.

Yet lawsuits alone will never achieve lasting remedies unless ordinary citizens see that it's in their self interest and their children's self interest to make our so-called leaders responsible for the future of poor children. Courts can do much to correct broken government programs, such as Milwaukee's deadly foster care system, but ultimately politicians have to provide adequate resources. Sometimes court orders give the politicians just the encouragement or cover they need. However, while constitutional rights protect citizens from government abuse, they are not self-enforcing. In a democracy constitutional rights often have to protect citizens from the tyranny of the majority. Even conservatives should embrace the rule of law. The real test of our commitment to the rule of law is how we treat the rights of the weakest among us, our children.

Chris Ahmuty
Executive Director, American Civil Liberties Union of Wisconsin

 

If you agree with the ACLU and want to protect diversity in our schools and metropolitan areas, please consider joining the hundreds of thousands of patriotic Americans who are members of the ACLU.

 

 

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