UN Convention on the Rights of Persons with Disabilities

							Fulfilling the Promise: UN Convention on the Rights of Persons with
                            Disabilities
                      Council for Exceptional Children
                     Children and Youth Action Network
                              June 9 – 12, 2012
             Agenda

• UN Convention on the Rights of Persons
 with Disabilities: An Overview

• US Ratification: Where are we?

•US Ratification Advocacy Efforts




                                           2
United Nations Convention on the
Rights of People with Disabilities




                                     3
What is a Human Rights
Convention?


 A convention, or treaty, is a legally binding
 document between 2 or more countries. A human
 rights convention is a treaty that deals specifically
 with human rights. The International convention
 on the Rights of People with Disabilities is a
 “thematic treaty”, meaning that it defines the
 human rights of a particular demographic (in this
 case, the human rights of people with disabilities).

                                                         4
How did the UN CRPD come
          about?
• Process begun in Mexico Dec 2001
• Adopted Dec 2006
• Opened for signature 30 March, 2007 -over 80
  signatures + EU
• Entered into force
  3 May 2008




                                                 5
Is “Signing" a Convention the
same as “Ratifying" it?
  No. A country that signs the Convention
 becomes a signatory, and a country that ratifies
 the convention becomes a States
 Party. Becoming a signatory qualifies the state
 (nation) to proceed toward ratification, and
 establishes an obligation to refrain from any acts
 that violate the principles of the
 Convention. Becoming a states party (ratifying
 nation) means that the country agrees to be
 legally bound by the treaty. If a nation both signs
 and ratifies at the same time, it is said to
 "ascend".
                                                       6
What Rights does the
CRPD cover?
 •   The right to legal capacity
 •   The right to liberty
 •   The right to live in the community
 •   The right to respect for physical & mental
     integrity
 •   The right to freedom from torture, violent
     exploitation and abuse
 •   The right to healthcare and to free and informed
     consent in health services
 •   The right to education
 •   The right to vote and to participate in public &
     cultural life                                    7
What Rights does the
CRPD cover?
• The right to work, and to an adequate standard of living
• The right to privacy
• The right to habilitation & rehabilitation
• The right to receive information in accessible formats
• The right to marry and to divorce, and to share equally in
  child custody
• The right to procreate, & the right to obtain contraception
• The right to sign contracts, and own and inherit property
• The right to accessible public transit and public
  accommodations


                                                                8
How many Countries have
Signed or Ratified the CRPD?


 • Needed 20 countries to ratify for CRPD to enter
   into force (become legally operative)
 • As of June 2012:
 • 153 signatures to CRPD
 • 113 ratifications of CRPD



                                                     9
Has the U.S. Signed and
       Ratified?
• President Obama signed on July 30, 2009




• The U.S. has not ratified to date

                                        10
CRPD Signatories and
Ratifications




                       11
Ukraine




          12
Inclusion for ALL: The UN Convention
on the Rights of Persons With
Disabilities




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What Does CRPD Say About the
Education of Children with
Disabilities?
                        ARTICLE 24
                        EDUCATION

   1. States are to ensure equal access to primary and
     secondary education, vocational training, adult education
     and lifelong learning.




                                                           18
What Does CRPD Say About the
Education of Children with
Disabilities?
        ARTICLE 24
        EDUCATION

 2. Education is to employ
   the appropriate
   materials, techniques
   and forms of
   communication.




                               19
What Does CRPD Say About the
Education of Children with
Disabilities?
                   ARTICLE 24
                   EDUCATION

 3. Pupils with support needs are to receive support
   measures, and pupils who are blind, deaf and
   deaf-blind are to receive their education in the
   most appropriate modes of communication from
   teachers who are fluent in sign language and
   Braille.

                                                   20
What Does CRPD Say About the
Education of Children with
Disabilities?
                    ARTICLE 24
                    EDUCATION

4. Education of persons with disabilities must foster
   their participation in society, their sense of
   dignity and self worth and the development of
   their personality, abilities and creativity (Article
   24).


                                                          21
 Where is the CRPD Re:
     Ratification?
• May 17, 2012, Administration transmitted
  the treaty to the U.S. Senate for their
  “advice and consent” for ratification
  – “Resolution of Ratification” – 2/3 support (67
    supermajority vote) in Senate
  – President must sign into law. (Enters into
    force)



                                                     22
Will Changes Need to Be
   Made to U.S. Law?

• No changes to U.S. Law or Appropriations

• Provisions of treaty consistent with U.S.
  Law




                                              23
What are the Next Steps
 in the U.S. Senate?
• May 25, 2012 – Announced support for the
  CRPD
  – John McCain (R-AZ)
  – Dick Durbin (D-IL)
  – Chris Coons (D-DE)
  – Tom Udall (D-NM)
  – Jerry Moran (R-KS)
  – Tom Harkin (D-IA)
  – John Barrasso (R-WY)
                                         24
What are the Next Steps
 in the U.S. Senate?


• Need a resolution of
  ratification – 2/3 support
  (67 supermajority vote)

                               25
What are the Next Steps
 in the U.S. Senate?
• Chairman Kerry (D-MA) and Raking
  Member Lugan (R-IN) to hold a hearing in
  the Foreign Relations Committee
• Committee must vote the treaty out of
  committee
• Move the treaty to a floor vote of the U.S.
  Senate
• President signs (“enters into force”) the
  treaty
                                            26
 Why is it critical for the U.S.
Senate to ratify the CRPD this
           Summer?
• Due to Upcoming election, June and July
  are the only months for the hearing and
  vote
• Need to ratify in order for the U.S. to serve
  on the UNCRPD Committee in September
  (opportunity will not occur again for two
  years)


                                              27
  Why Should the U.S. Ratify the
  CRPD When We Have the ADA
           and IDEA
• CRPD establishes an international
  monitoring body – Committee on the
  Rights of Persons With Disablities
• The Committee makes recommendations
  for how to best implement the treaty
• U.S. must ratify to sit on this Committee
• U.S. can guide countries in developing
  disability laws
                                              28
 What are CEC’s Talking
  Points for Hill Visits?
• Support the ratification of the CRPD
  – Hold a committee hearing on the CRPD in
    June
  – Bring the CRPD to the Senate floor for a vote
    in July




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