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Presented by Esme Grant, J.D. U.S. International Council on Disabilities

Presented by Esme Grant, J.D. U.S. International Council on Disabilities. United Nations History on Disability. 1981 : International Year of Disabled Persons 1982 : World Programme of Action concerning Disabled Persons

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Presented by Esme Grant, J.D. U.S. International Council on Disabilities

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  1. Presented by Esme Grant, J.D. U.S. International Council on Disabilities

  2. United Nations History on Disability • 1981: International Year of Disabled Persons • 1982: World Programme of Action concerning Disabled Persons • 1993: Standard Rules on the Equalization of Opportunities for Persons with Disabilities

  3. Rationale for a global disability treaty • People with disabilities have the same human rights as everyone else but • Invisibility of people with disabilities in the international human rights system • Existing treaties and reports to monitoring bodies do not address disability • Other standards (e.g. 1993 UN Standard Rules) not legally binding

  4. The Drafting Process • CRPD process started by Mexico in Dec 2001 • 8 sessions of a General Assembly Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session

  5. CRPD Timeline • December 13, 2006: CRPD & its Optional Protocol adopted • March 30, 2007: CRPD & OP opened for signature (Over 80 States & EU signed & 1 ratification (Jamaica) - record-breaking for a human rights treaty) • May 3, 2008: CRPD entered into force after 20th ratification

  6. The Drafting Process • Guiding principle: Full inclusion of all relevant stakeholders • Unprecedented access of DPOs at all stages • Positive involvement of DPOs changed how UN does business • Educational process for all

  7. CRPD Content Notable elements: • 50 Articles • Cross-disability in approach • NO definition of disability • Strong thread of non-discrimination and equality • Focus on monitoring at all levels

  8. Freedom of expression and opinion (article 21) Respect for privacy (article 22) Respect for home and the family (article 23) Right to education (article 24) Right to health (article 25) Right to work (article 27) Right to adequate standard of living (article 28) Right to participate in political and public life (article 29) Right to participation in cultural life (article 30) Equality before the law without discrimination (article 5) Right to life, liberty and security of the person (articles 10 & 14) Equal recognition before the law and legal capacity (article 12) Freedom from torture (article 15) Freedom from exploitation, violence and abuse (article 16) Right to respect physical and mental integrity (article 17) Freedom of movement and nationality (article 18) Right to live in the community (article 19) Rights in the CRPD

  9. HIV/AIDS and Disablity • PWDs are at a higher risk of exposure to HIV • In part because of lack of access to information, education and services • Persons living with HIV/AIDS more likely to become disabled

  10. Article 25 - Health States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. Rights in the CRPD

  11. Shift from Medical/Charitable Model to Social Model • Medical Model: Defines disability as a problem and medical intervention as solution • Charitable Model: Misconception that people with disabilities are helpless and need to be cared for • Social Model: Includes promoting positive attitudes, modifying environment and making sure laws and policies promote integration and non-discrimination

  12. Current Status of the CRPD

  13. Current Status of the CRPD • 153 signatures, 117 ratifications • CRPD impact: • Peru has restored voting rights to people with mental disabilities • Kenya has included the rights of people with disabilities within its new constitution • India is currently amending its national disability law to reflect CRPD principles • Moldova is using the CRPD as a roadmap to de-institutionalize

  14. Status of the CRPD in the U.S. • The U.S. signed the treaty on July 30, 2009 • The Obama Administration is supportive of the U.S. becoming a ratifying States Party and has completed its interagency review • Submitted for Senate advice and consent on May 17, 2012 • Currently being considered by Senate

  15. July 12th, 2012 – Hearing on the Convention on the Rights of Persons with Disabilities (Senate Foreign Relations Committee)

  16. Why Should the U.S. Ratify? • A global standard of accessibility! • New opportunities for technology and solidarity • A seat at the table for implementation! • A new tool for disability advocates! • An affirmation of human rights!

  17. What’s the next step for U.S. ratification? • STEP 1: The treaty needs to be voted out of the Senate Foreign Relations Committee UPDATE! A vote is planned for this Thursday, July 26th at 9:30AM (ADA Anniversary!)

  18. What’s the next step for U.S. ratification? • STEP 2: Need 2/3 super-majority vote in the Senate for the U.S. to be able to ratify and become a States Party to the CRPD • 67 Senator votes • MUST be a bipartisan effort • STEP 3: The treaty package is returned to the President for his signature and for submittal to the U.N.

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