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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?


To: The Barracuda™ who wrote (4209)5/3/2000 8:25:00 PM
From: Lane3  Read Replies (2) | Respond to of 9127
 
X, haven't we beaten this thing to death yet?

You said:

<<Elian's rights are independent of- -nor subordinate to his father desires or rights. Elian's father doesn't have the right to harm Elian.

The dispute is, is returning Elian to Cuba harmful to Elian?

I say yes for all the reasons I have previously mentioned.>>

X, I don't see anyone here disagreeing with you. Yes, Elian's rights are not subordinate to those of his father. No, his father doesn't have the right to harm him. Yes, all things being equal, Elian would be better off in the U.S. So can we please just accept those points as a given and get past it? Please.

If we can quit rehashing those values questions, then maybe we can finally focus on the practical, real-world considerations: U.S. law, international law, whether this is an immigration issue or a custody issue, jurisdiction, and authority. These determine what will happen. Not sentiment.

The argument you're getting is not that Elian's rights are subordinate to Juan Miguel's rights, it's that Juan Miguel is Elian's official advocate. That's standard operating procedure in the real world. He speaks for Elian. If you want to charge that particular windmill, you're free to do so, but getting smacked by a windmill is less likely if you acknowledge it's a windmill.

The argument you're getting is not so much that returning to Cuba won't be harmful to Elian, it's that courts are predisposed to leave a child to the care of a parent unless the parent presents big-time danger to the child. Whatever harm might be done Elian growing up in Cuba won't meet that legal test. Courts have left kids with their parents under far more harmful circumstances. Anyone who doesn't like that predisposition can work to change it, but that big a change can't happen in a time-frame that's meaningful to Elian.

I'm as much of an idealist as anyone. As a teenager, I took the name of Saint Joan of Arc when I was confirmed. As an undergraduate I wrote my thesis on Don Quixote.

Sometimes reality bites.

Karen






To: The Barracuda™ who wrote (4209)5/3/2000 9:50:00 PM
From: epicure  Read Replies (1) | Respond to of 9127
 
Legally the "harm" is irrelevant. Rationally one can't even really know if there is harm or what it is.

The dispute is NOT whether returning Elian to Cuba is harmful to Elian- although I know YOU would like to argue that since like GOD himself you are sure of what the fates hold for everyone involved. The real question is whether international law and US law justify keeping him here if his recognized guardian/father wishes him to be in Cuba.

You can SAY the dispute is whatever you want it to be. Doesn't make it so.



To: The Barracuda™ who wrote (4209)5/4/2000 12:55:00 PM
From: X Y Zebra  Respond to of 9127
 
The dispute is, is returning Elian to Cuba harmful to Elian?

I say yes for all the reasons I have previously mentioned.


The following is for your information only. [read, I do not want to get into an argument]

I know this for a fact: There are millions of people in Latin America, who consider the mere act of living in the US "harmful".

Now... who is right ?

I believe it is a matter of individual choice. (And please spare me the paranoia -- as in "it is under the influence of T¡o Fidel that the father so chooses")

The choice as to where, how, and under what political skies a father lives with his child is also an individual one

Any other speculation, wishful thinking, cult chanting and political street-walking, is rubbish.