JFActivist

Guest Column: 19 Years of Independence

Obama's 21^st Century Treaty - Realizing a World of Potential

July 24, 2009

By Victor Santiago Pineda, AAPD 2009 Hearne Awardee

Today, I celebrate 19 years of independence, civil rights and my own American Dream. On the eve 19th Anniversary of the American’s with Disabilities Act (ADA) President Obama sent a strong message to the world when he announced that he would sign the UN Convention on the Rights of People with Disabilities. As the youngest delegate to this Convention, I know firsthand how this treaty can expand opportunities for young people all people who like me, live with some type of disability.

At the age of five I stopped walking. My mother realized that I would have little chance in our native Venezuela. She sought hope and moved our family to California. It was there that my life blossomed. As a 12 year, I was not aware of the freedoms I would inherit. The Americans with Disabilities Act of 1990 protected me from prejudice, stigma and discrimination, and ensured my right to an education. Although I could hardly use my hands, and needed a machine to help me breathe, I was encouraged, supported and excelled at school.

For me the ADA and the UN Convention embody President Obama’s vision of hope. For the 650 million people with disabilities around the world, the UN Convention is a beacon of opportunity and furthers the our values independence, autonomy and freedom. According to the World Health Organization (WHO) roughly 10% of the world’s population lives with some form impairment. This number will dramatically rise as the population ages in the developed world and more young people become disabled by diseases such as malaria, tuberculosis, and HIV/AIDS in the developing world.

In most countries, people with disabilities and their families are socially stigmatized, politically marginalized and economically disadvantaged. In more developed nations medical and welfare institutions ironically further your ignominy. Professionals label you broken, and as a doctor once told me, “better off dead.” The over-emphasis on welfare and medicine neglects barriers that impede the wellbeing and participation of people with talent, desires and dreams.

The treaty enhances opportunities for community access, employment and entrepreneurship, international exchange, and the attainment of an adequate standard of living for all individuals, children and families affected by disability. In 2004 I spoke before the Senate Sub-Committee on Foreign Aid, our progressive public policy approach to disability as power, “soft-power” that could help us lead the world in a new social-economic imperative, inclusion.

The US can engage in meaningful partnerships across sectors and help developing nations with the construction of accessible infrastructure, expanding inclusive education and vocational training opportunities. By signing the Convention the US is dedicated to these efforts. Can we make a different, “Yes We Can!”

Victor Pineda is a recognized expert on disability policy, served on national advisory committees and testified before congress on the conditions of people with disabilities. In 2005 he received the Jefferson Award for public service and founded the Victor Pineda Foundation educational non-profit organization that promotes the rights and dignities of young people with disabilities. In March of 2009, he received AAPD's Paul G. Hearne Leadership Award to continue this work for more on the Hearne Award go to http://www.aapd.com/DMD/PaulHearneAward.html

It's Official: US Signs UN Convention on the Rights of Persons with Disabilities

From the ACLU:

FOR IMMEDIATE RELEASE
July 30, 2009  3:51 PM

US Signs International Treaty on the Rights of Persons With Disabilities
Move Is Critical to Reassuming Leadership on Human Rights, Says ACLU

NEW YORK - July 30 - The United States today signed the most comprehensive international treaty on the rights of persons with disabilities in history. Susan Rice, U.S. Ambassador to the United Nations, signed the U.N. Convention on the Rights of Persons with Disabilities (CRPD) at the organization's headquarters in New York City. If ratified by the Senate, the CRPD will be the fourth major human rights treaty ever adopted by the U.S. and the first it has adopted in the 21st century. The American Civil Liberties Union welcomes this important step by the Obama administration to reengage the U.S. in international human rights efforts.

"This is a great day for the rights of people with disabilities and a step forward for the U.S. human rights movement," said Jamil Dakwar, Director of the ACLU Human Rights Program. "By signing the CRPD, the U.S. will reassume a leading role in the promotion and stewardship of human rights at home and abroad."

The CRPD, signed by 140 nations since May 2008, has significant overlap with the Americans with Disabilities Act and the other U.S. laws protecting disability rights. In addition, it provides a holistic and inclusive approach to defining disability, recognizes past discrimination in addressing problems individuals with disabilities encounter in society and includes specific articles related to the rights of women and children with disabilities. Under the CRPD, ratifying countries are obligated to prevent discrimination against, promote accessibility for and work to achieve the full realization of economic, social and cultural rights for persons with disabilities.

"If adopted by the United States, the CRPD will inspire a more vigorous and comprehensive approach in the U.S. to addressing the myriad injustices still suffered by persons with disabilities," said James Felakos, a Disability Rights Fellow with the ACLU. "We look forward to the Senate's ratification of the CRPD."

During his campaign, then-Senator Obama promised that he would sign the CRPD. The Bush administration chose not to sign the Convention, even after participating in the negotiating sessions that led to its drafting. Under the U.S. Constitution, after the Senate gives its advice and consent to ratification, a treaty becomes law.

The U.S. has also signed but has yet to ratify the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, two major human rights treaties that have significantly contributed to the protection and promotion of the rights of women and children worldwide.

An essay by Felakos on the CRPD is available online at: www.udhr60.org/enabling_everyone.pdf 

Information about the ACLU's work on the rights of persons with disabilities is available at: www.aclu.org/disability/index.html

Senator Harkin Commemorates the ADA

From the Office of Senator Tom Harkin (D-IA):

FOR IMMEDIATE RELEASE

July 29, 2009

The Americans with Disabilities Act: 19 Years of Progress

By Senator Tom Harkin

This month, we commemorate the 19th anniversary of the Americans with Disabilities Act (ADA) – the landmark civil rights law securing the rights of people with disabilities.  As chief Senate sponsor of this legislation, I remember the day it was signed into law – June 26, 1990 – as one of the proudest in my entire legislative career.

Nineteen years later, we have made amazing progress.  Thanks to the ADA, streets, buildings and transportation are more accessible for people with physical impairments.  Information is offered in alternative formats, so that it is useable by individuals with visual or hearing impairments.

These changes are all around us, and are so integrated into our daily lives that it is sometimes hard to remember how the world was before.  Employers are required to provide reasonable accommodations so that people with disabilities can have equal opportunity in the workplace.    And we have advanced the four goals of the ADA – equality of opportunity, full participation, independent living and economic self-sufficiency.

Just as important, because of ADA, we have seen an enormous change in attitudes.  It used to be socially acceptable to treat people with disabilities as second-class citizens, to exclude and marginalize them.

Today, by contrast, the expectation is that we will do what it takes to give people with disabilities not just physical access, but an equal opportunity in our schools, in our workplaces, in all areas of our economy and society. We recognize that people with disabilities – like all people – have unique abilities, talents and aptitudes.  And that America is better, fairer, and richer when we make full use of those gifts.

We have not yet arrived at the Promised Land – certainly not with a 60 percent unemployment rate among people with disabilities.  We have a long way to go. But, on this anniversary, we have much to celebrate.

On July 26, 1990, when he signed ADA into law, President George Herbert Walker Bush spoke with great eloquence.  And I will never forget his final words before taking up his pen.  He said, “Let the shameful wall of exclusion finally come tumbling down.”

Nearly two decades later, that wall is indeed falling.  The ADA has opened doors, created opportunity, and transformed lives.  Let us continue this progress!

To watch a video of the speech I gave on the Senate floor in honor of the 19th anniversary of the Americans with Disabilities Act, go to http://www.youtube.com/watch?v=jZAyN4FCG3I .

AAPD: Focus On ... IDAC

Religious Leaders Affirm Disability Rights

By Ginny Thornburgh

Director, AAPD Interfaith Initiative

Sometimes what seems impossible is actually possible.

When our president, Andy Imparato, asked me to bring the “powerful and prophetic voice of the faith community to the 21^st Century disability agenda,” I was stunned. Through almost twenty years of work at the intersection of religion and disability, I had learned that disability rights issues were not generally high on the agendas of most denominations and faith groups.

How in the world does one bring the “powerful and prophetic voice of the faith community to the 21^st Century disability agenda?” Through AAPD’s newest effort – the Interfaith Disability Advocacy Coalition (IDAC). That’s how.

IDAC is a diverse, nonpartisan coalition of religious and religiously-affiliated organizations whose core spiritual values affirm the rights and dignity of people with disabilities. The mission of IDAC is to mobilize the religious community to speak out and take action on disability policy issues with Congress, the President and Administration, and society at large.

The IDAC Steering Committee consists of both lay and ordained interfaith leaders who care deeply about issues of disability. At our initial meeting in October 2008, we hammered out our goals, our procedures and our membership requirements. Finding common ground and common cause across faith lines and across disability experiences was hard but very rewarding work.

Our first public policy effort was to draft an IDAC letter for House and Senate leaders in support of the Community Choice Act (indicate information on the AAPD website), legislation which promotes independence with dignity and allows individuals who receive long-term services through Medicaid to have a choice in where, how and from whom they receive personal assistance. By allowing older adults and people with disabilities to receive care in their homes and communities, passage of this legislation will ensure that they can remain active participants in their families, neighborhoods and religious communities.

When the IDAC CCA letter went to the hill on June 22, 2009,  twenty two respected organizations from a wide range of national religious groups had signed on and lent their moral support to the Community Choice Act. Sometimes what seems impossible is actually possible.

Our next step was to invite these twenty two very respected religious organizations and others who care about disability public policy issues to become Members of the Interfaith Disability Advocacy Coalition. Organizations seeking membership in IDAC must be a national religious or religiously- affiliated organization with the capacity to take action on national public policy issues; must agree to support IDAC’s mission and follow IDAC’s procedures; and must have a grassroots constituency and the authority to take positions on their behalf.

The variety of the first ten organizations completing IDAC membership applications was impressive: Lutheran Services in America, Union for Reform Judaism, National Catholic Partnership on Disability, Islamic Society of North America, Evangelical Lutheran Church in America, The Episcopal Church, The American Baptist Home Mission Societies, National Apostolate for Inclusion Ministry, United Methodist General Board of Church and Society, and United Jewish Communities/Jewish Federations of North America.

On Monday, July 27, 2009 we held the first IDAC Membership Information Meeting with featured speaker, the Honorable Tony Coelho, AAPD Board Chairman and Former Majority Whip, U.S. House of Representatives. A key author of the Americans with Disabilities Act (ADA), Tony spoke with passion about the need for more and better employment opportunities for people with disabilities and he described the discrimination he had encountered as a person with epilepsy. His remarks were gratefully received.

Also during that first IDAC meeting, AAPD president Andy Imparato, a self described “disability policy wonk,” outlined the landscape of the disability rights movement and drew particular attention to the Community Choice Act and the U.N. Convention on the Rights of Persons with Disabilities which will be at the forefront of IDAC’s agenda. Following Andy, Rabbi Lynne Landsberg, Senior Advisor on Disability Issues, Religious Action Center of Reform Judaism, spoke of her personal experience with brain injury and her strong belief that disability is a social justice issue which deserves the fullest attention of the religious community.

All in attendance at the July 27^th meeting offered enthusiastic support for IDAC. The meeting made us realize that once members of the religious community became aware of the pain of discrimination, exclusion and isolation which people with disabilities and older adults often experience, their support for disability rights issues is likely to be sure and swift. So that which seemed impossible is now very possible. Stay tuned as we gather new IDAC Members and begin to use the moral authority of the Interfaith Disability Advocacy Coalition for the good of our nation.

Police Pepper Spray and Taser Innocent Deaf Man

From Alabama Live (July 28, 2009):

Arrested in silence: Police use Taser, pepper spray on deaf man

Tuesday, July 28, 2009

By ROBERT McCLENDON and MARK R. KENT

Mobile police used pepper spray and a Taser on a deaf and mentally disabled man Friday after they were unable to get him to come out of a bathroom at a Dollar General store, authorities said.

After forcibly removing Antonio Love from the bathroom of the Azalea Road store, officers attempted to book the 37-year-old, on charges of resisting arrest, disorderly conduct and failure to obey a police officer, but the magistrate on duty at the jail refused to accept any of those charges...

...Brodrick Love said the officers dropped his brother off in the parking lot of their apartment building without saying what happened or why his brother had been missing for six hours...

...Police were called to the store at 12:22 p.m...When the officers arrived, they pounded on the door but got no answer, Bagsby said. They pounded again. No answer.

Love, speaking in sign language that was then translated by his family, said he was in the bathroom because he was sick to his stomach.

"I wait and sit toilet," Love's note read. "I think about someone try break door. I hold door hard."

At that point, Bagsby said, the officers saw movement from under the door, indicating that there was someone inside. They then shot pepper spray under the door...

From the JFA Moderator:  The story just continues to get more horrifying from there.

>>> To Read the Whole Article

Comment Below: What was most surprising for me, was the total lack of repentance or acceptance of responsibility on the part of the police department as a whole.   Who do you think is most at fault for this egregious assault?  What should be the consequences?

SABE President Visits ADAPT Protest

From Self-Advocates Becoming Empowered (July 24, 2009):

Chester Finn, President of SABE Visits ADAPTers Camped Out for 5 Days at the Democratic National Headquarters

I think the disability community overall should be supporting ADAPT. They were camped out for 5 days in the hot sun for us. They were camped out in front of the Democratic National Headquarters.

The Headquarters staff tried to take their essentials away but the police said they were on public property and could stay. But they did take their porta potti away. All this is just one of the ways they tried to get them to stop advocating to get rid of the institutional bias.

People talk about Dr. King and what a great man he was. But many only supported him after he died. We have real heroes and heroines from ADAPT fighting for us. Few groups are respecting that they are fighting for us. And they are not just fighting for the Community Choice Act (CCA), it is all part of a civil rights movement.

People have formed their opinions about ADAPT and the disability community without getting the facts and stopping to talk to ADAPTers at the Democratic National Headquarters to find out what they are advocating for. Isn’t forming opinions about people without the facts like discrimination? So wouldn’t it be better to ask then to assume.

I am asking you to call your Senators and Representatives to ask them once again to support CCA. But also find out why ADAPT and the disability community is pushing for freedom for our lives.

Obama Speaks of Promise of the ADA

Below are the full remarks of President Obama as he announced the US's intention to sign the UN Convention on the Rights of People with Disabilities Friday, July 24 in commemoration of the Anniversary of the Americans with Disabilities Act.

You can watch the President's speech on YouTube at http://www.youtube.com/watch?v=v1qmAGEIAs4 . Unfortunately, this version of the video is not captioned.  If anyone is aware of a captioned version please let me know.

From the White House (7/24/09):

REMARKS BY THE PRESIDENT ON
SIGNING OF U.N. CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES PROCLAMATION

East Room

5:58 P.M. EDT

THE PRESIDENT:  Thank you.  Please, everybody be seated.  Thank you.  First of all, how about my Secretary of State?  (Applause.)  Give it up for Senator Hillary Clinton.  She is doing an unbelievable job.  She's traveling all around the world delivering a message that America is back and ready to lead.  And everywhere she goes she is representing us with grace and strength and we are very fortunate to have her.

I'm also lucky to have an outstanding Attorney General in Eric Holder -- (applause) -- so I wanted to make sure that we thank him for being here.  My Secretary of Labor, who is committed to these issues, Hilda Solis.  (Applause.)  We've got a couple of governors in the house, at least I see one of them over here, Governor David Paterson of New York.  (Applause.)  And I think that Christine Gregoire was here -- there she is, right here -- from Washington State.  (Applause.)

I want to thank the outstanding members of Congress who are on the stage.  Senator Dan Inouye, Representative Steny Hoyer, Representative Robert Andrews, Representative James Sensenbrenner, Representative Jim Langdon.  Thank you so much.  Please give them a big round of applause.  (Applause.)

And not on the stage, but extraordinarily important are three key figures who helped to get the original ADA passed.  I want to acknowledge them.  First of all, not able to attend, but this guy is a fierce warrior on behalf of the disabilities community, Tom Harkin.  (Applause.)  He couldn't be here, but give him a round of applause.  (Applause.)  Another person who could not be here but was instrumental in guiding the passage of this landmark legislation, Bob Dole, but his wonderful partner, Elizabeth Dole, Senator Elizabeth Dole is here, so please give her a round of applause on behalf of Bob Dole.  (Applause.)  And Attorney General and somebody who worked very hard on this issue, Richard Thornburgh.  Please give him a big round of applause.  (Applause.)  Where's Richard?  There he is.

Well, welcome to the White House.  We are thrilled to have you all here for an historic announcement regarding our global commitment to fundamental human rights for persons with disabilities.  I'm also honored to mark the anniversary of a historic piece of civil rights legislation with so many of the people who helped make it possible, and I'd like to reflect on that for a few moments.

I'm reminded today of my father-in-law -- some of you have heard his story -- Fraser Robinson.  He was Michelle's hero -- when you talk to her about her dad even today she just lights up.  He was a vibrant and athletic man who provided for his family as a shift worker at a water treatment plant in Chicago.  And in his early 30s, he was diagnosed with multiple sclerosis.  And even as it progressed, even as he struggled to get dressed in the morning and used two canes to get himself to work every day, despite the fact that he had to wake up a little bit earlier and work a little harder to overcome the barriers he faced every day -- he never complained.  He never asked for special treatment.  He just wanted to be given the opportunity to do right by his family.  Never missed a day of work.  Would have trouble buttoning his own shirts, but he would make sure that he woke up in time to do it.

And by the time I met him he would struggle with those two canes, but even if he had to go over a bumpy patch of grass to watch his son's ball games or go up a flight of stairs so that he could see his daughter dance, he would do it.  This was before the ADA passed.  And I think about him all the time when I think about these issues. 

It's a reminder of the very promise of the ADA.  Nineteen years ago this weekend, Democrats and Republicans, advocates and ordinary Americans, came together here at the White House to watch President George H.W. Bush sign the ADA into law.  Folks traveled from all across America to witness a milestone in the long march to achieve equal opportunity for all.

But like all great movements, this one did not begin or end in Washington, D.C.  It began in small towns and big cities across this country.  It began with people like Fraser Robinson showing that they can be full contributors to society regardless of the lack of awareness of others.  It began when people refused to accept a second-class status in America.  It began when they not only refused to accept the way the world saw them, but also the way they had seen themselves.

And when quiet acts of persistence and perseverance were coupled with vocal acts of advocacy, a movement grew, and people marched and organized and testified.  And parents of children with disabilities asked why their children, who had the same hopes and dreams as children everywhere else, were left out and left behind.  And wounded veterans came home from war only to find that, despite their sacrifice for America, they now felt excluded from America's promise.

We had a little meeting before we came out and Tony Coelho, who was instrumental on this issue, spoke in just incredibly moving terms about what it meant for him to be an epileptic and the fact that discrimination was rife -- he was rejected from the priesthood because that was considered unacceptable; he was rejected from the Army because that was considered unacceptable.

Those experiences could have just been internalized and people could have felt doubt, but instead it became a source of strength.  And step by step, progress was won.  Laws were changed.  Americans with disabilities were finally guaranteed the right to vote -- a right that only carries real meaning when you can enter the voting booth to cast that vote.  Folks were extended certain protections from discrimination, and given the needed rehabilitation and training to go to the job.  And even though we still have a long way to go with regard to education, children with disabilities were no longer excluded, no longer kept separate, and then no longer denied the opportunity to learn the same skills in the same classroom as other children.

Now, even two decades ago, too many barriers still stood.  Too many Americans suffered under segregation and discrimination.  Americans with disabilities were still measured by what folks thought they couldn't do -- not by what can.  Employers often assumed disabled meant unable.  Millions of Americans with disabilities were eager to work, but couldn't find a job.  An employer could have told a person with a disability, "No, we don't hire your kind."  That person then could have tried to find recourse at the courthouse, only to find that she couldn't enter the building -- and wouldn't find a receptive audience even if she did.

What was needed was a bill of rights for persons with disabilities, and that's what the ADA was.  It was a formal acknowledgment that Americans with disabilities are Americans first, and they are entitled to the same rights and freedoms as everybody else:  a right to belong and participate fully in the American experience; a right to dignity and respect in the workplace and beyond; the freedom to make of our lives what we will.

In a time when so many doubted that people with disabilities could participate in our society, contribute to our economy, or support their families, the ADA assumed they could.  Americans with disabilities didn't ask for charity or demand special treatment -- they only wanted a fair shot at opportunity.  They didn't want to be isolated, they wanted to be integrated; not dependent, but independent.  And allowing all Americans to engage in our society and our economy is in our national interest, especially now, when we all have a part to play to build a new foundation for America's lasting prosperity.

So the ADA showed the world our full commitment to the rights of people with disabilities -- and now we have an opportunity to live up to that commitment.  Today, 650 million people –- 10 percent of the world's population -- live with a disability.  In developing countries, 90 percent of children with disabilities don't attend school.  Women and girls with disabilities are too often subject to deep discrimination.

Disability rights aren't just civil rights to be enforced here at home; they're universal rights to be recognized and promoted around the world.  And that's why I'm proud to announce that next week, the United States of America will join 140 other nations in signing the United Nations Convention on the Rights of Persons with Disabilities -- (applause) -- the first new human rights convention of the 21st century.

This extraordinary treaty calls on all nations to guarantee rights like those afforded under the ADA.  It urges equal protection and equal benefits before the law for all citizens; reaffirms the inherent dignity and worth and independence of all persons with disabilities worldwide.  I've instructed Ambassador Susan Rice to formally sign the Convention at the United Nations in New York next week, and I hope that the Senate can give swift consideration and approval to the Convention once I submit it for their advice and consent.

And even as we extend our commitment to persons for -- with disabilities around the world, we're working to deepen that commitment here at home.  We've lifted the ban on stem cell research.  We've reauthorized the Children's Health Insurance Program, continuing coverage for 7 million children and covering an additional 4 million children in need, including children with disabilities.  I was proud to sign the landmark Christopher and Dana Reeve Paralysis Act, the first piece of comprehensive legislation specifically aimed at addressing the challenges that are faced by Americans living with paralysis.

We've nearly doubled funding for the Individuals with Disabilities Education Act.  (Applause.)  We're strengthening anti-discrimination enforcement at the Justice Department.  We're creating a new special assistant position at the Department of Transportation just to focus on accessible transportation.  (Applause.)  We've launched the "Year of Community Living" to affirm the fundamental right of people with disabilities to live with dignity and respect wherever they choose.  (Applause.)

So I'm proud of the progress we've made.  But I'm not satisfied, and I know you aren't either.  Until every American with a disability can learn in their local public school in the manner best for them, until they can apply for a job without fear of discrimination, and live and work independently in their communities if that's what they choose, we've got more work to do.  As long as we as a people still too easily succumb to casual discrimination or fear of the unfamiliar, we've still got more work to do.

As we continue that work, we should remember just who it was that the ADA was all about.  It was about the young girl with cerebral palsy who just wanted to see a movie at her local theater, but was turned away.  It was about the Vietnam veteran who returned home paralyzed and said he felt like he'd fought for everyone but himself.  It was about the thousands of people with disabilities who showed up at public hearings all across the country to share their stories of exclusion and injustice -- and the millions more they spoke up for.

Because they did, we live in a country where our children can grow up with every opportunity to learn and compete, where our disabled veterans returning from Iraq and Afghanistan can navigate public places more easily, and where 54 million Americans with disabilities can pursue their full measure of happiness.  And what we've learned -- what we've -- what they have taught us is that it is far more noble and worthwhile and valuable to make it possible for these Americans to live up to their full potential.  Because when we do, it makes all of us more whole, it makes our union more perfect, it makes the United States of America strong.

Every morning, I walk along the Colonnade that connects this house to the Oval Office.  And there's something you might not notice unless you're really paying attention -- and I'll be honest, when I take that walk, I usually have a lot on my mind.  (Laughter.)  But there's a gentle slope at the end of that Colonnade, a ramp that was installed during a renovation of the West Wing 75 years ago, making it much easier for one of my predecessors to get to work.
 
Back then, fear and prejudice towards Americans with disabilities was the norm, but most Americans didn't even know that President Roosevelt had a disability.  That means that what most Americans also didn't know was that President Roosevelt's disability made absolutely no difference to his ability to renew our confidence, or rescue our economy, and mobilize our greatest generation to save our way of life.

Let me correct that -- I actually think it did make a difference in a positive way.   What he told us was that "further progress must of necessity depend on a deeper understanding on the part of every man and woman in the United States."  I believe we're getting there.  And today, because more than one in five Americans live with a disability -- and chances are, the rest of us love somebody with one -- we remember our obligation to ensuring their every chance to pursue the American Dream.  We celebrate the courage and commitment of those who brought us to this point.  And we recommit ourselves to building a world free of unnecessary barriers and full of that deeper understanding. 

So thank you, all, for being here.  Let's sign this bill.  (Applause.)

(The proclamation is signed.)

THE PRESIDENT:  There the go.  (Applause.)  Thank you, everybody.

       END                      6:15 P.M. ED

Happy 19th Birthday, ADA! From the White House

Happy 19^th Birthday, ADA!

Presidential Proclamation-19th anniversary of The Americans with Disabilities Act
      

      THE WHITE HOUSE
      Office of the Press Secretary
____________________________
      For Immediate Release
      July 24, 2009

      ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, 2009
      BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

      A PROCLAMATION


      Today we celebrate the 19th anniversary of the enactment of the
historic Americans with Disabilities Act (ADA). Signed into law on July
26, 1990, this landmark legislation established a clear mandate against
discrimination on the basis of disability so that people with
disabilities would have an equal opportunity to achieve the American Dream.

      Our Nation is once again poised to make history for people with
disabilities. I am proud to announce that the United States will sign
the United Nations Convention on the Rights of Persons with
Disabilities, adopted by the United Nations General Assembly in New York
on December 13, 2006. The Convention is the first new human rights
convention of the 21st century adopted by the United Nations, and it
represents a paradigm shift in protecting the human rights of 650
million people with disabilities worldwide. We proudly join the
international community in further advancing the rights of people with
disabilities.


      As we reflect upon the past and look toward a brighter future, we
recognize that our country has made great progress. More than ever
before, Americans with disabilities enjoy greater access to technology
and economic self-sufficiency. More communities are accessible, more
children with disabilities learn alongside their peers, and more
employers recognize the capabilities of people with disabilities.


      Despite these achievements, much work remains to be done. People
with disabilities far too often lack the choice to live in communities
of their choosing; their unemployment rate is much higher than those
without disabilities; they are much likelier to live in poverty; health
care is out of reach for too many; and too many children with
disabilities are denied a world-class education.


      My Administration has met these challenges head-on. We have
launched the "Year of Community Living" to help people with disabilities
live wherever they choose. We have nearly doubled the funding for the
Individuals with Disabilities Education Act. I was proud to sign the
groundbreaking Christopher and Dana Reeve Paralysis Act and the
Children's Health Insurance Reauthorization Act, which provides health
insurance to millions of additional children. I also lifted the ban on
stem cell more research. These measures demonstrate our commitment to
leveling the playing field for every person with a disability. My
Administration will not rest on these accomplishments, and we will
continue to focus on improving the lives of people with disabilities. I
encourage States, localities, and communities across the country to
cultivate an environment in which the 54 million Americans living with a
disability are valued and respected.


      Americans have repeatedly affirmed the importance of protecting
the human rights and dignity of every member of this great country.
Through the steps we have taken, we will continue to build on the ADA
and demonstrate our ongoing commitment to promoting, protecting, and
ensuring the full enjoyment of all human rights and fundamental freedoms
by people with disabilities.


      NOW, THEREFORE, I, BARACK OBAMA, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 26, 2009, as the
Anniversary of the Americans with Disabilities Act. I call on Americans
across our country to celebrate the progress we have made in protecting
the civil rights of people with disabilities and to recognize the step
forward we make with the signing of the United Nations Convention on the
Rights of Persons with Disabilities. Inspired by the advances of the
last 19 years, let us commit to greater achievements in the years ahead.


      IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth
day of July, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and
thirty-fourth.

      BARACK OBAMA

President Celebrates ADA Anniversary, US to Sign UN Convention

From the United States International Council on Disabilities (7/21/09):

FOR IMMEDIATE RELEASE
Americans with disabilities applaud President Obama’s intention to sign the Convention on the Rights of Persons with Disabilities

The United States International Council on Disabilities (USICD), representing a broad constituency of Americans with disabilities and disability organizations, praised today’s announcement of President Barack Obama’s intention to sign the international Convention on the Rights of Persons with Disabilities (CRPD).

“President Obama committed in his campaign to signing the Convention on the Rights of Persons with Disabilities (CRPD) and we applaud his leadership. This treaty is good for America, good for people with disabilities, and good for the world,” says Marca Bristo, President of USICD. “After decades as a global leader in the civil and human rights of persons with disabilities, the United States is reconnecting with the international community by affirming the basic human rights of all people with disabilities and positioning us to better contribute our expertise on the global level.”

On Friday, July 24, 2009, at a ceremony to take place in the White House, President Obama is scheduled to announce the intent of the United States to sign the CRPD. Signature indicates the country’s interest in joining this treaty, and begins a process in which the US Senate will review and provide advice and consent for ratification.

“It is fitting for President Obama to sign the CRPD this week, in commemoration of the 19th Anniversary of Americans with Disabilities Act (ADA),” says Tony Coehlo, former Representative from California in the US House, author of the ADA, current [Board Chair] of the American Association of Persons with Disabilities, and a board member of USICD. The 19th anniversary of the passage of the Americans with Disabilities Act is July 26. “When we passed the ADA in 1990, we had no idea what a grand impact on disabled people around the world this legislation would be, or how it would inspire an international treaty of this importance.”

The Convention, or CRPD, addresses established international human rights standards in the context of people with disabilities. This treaty was needed because people with disabilities have historically been invisible in the implementation of international human rights standards. The international drafting process was notable for the inclusion of people with disabilities on official country delegations and as participants in advocacy groups invited to participate, with a rallying slogan of “Nothing about us, without us.”

“This treaty truly reflects the unique insights of disabled people from around the world. The participation of disabled people in decision-making about policies affecting our lives is changing the way we are regarded in our communities and by our governments, ” says Judy Heumann, former Clinton Administration appointee, member of the Board of Directors of USICD, and an authority on disability who participated in the negotiations to draft the treaty. “The invisibility of disabled people that is all too common around the world is changing. This treaty is a major advancement.”

The United Nations estimates that there are 650 million people with disabilities globally. Approximately 87% of the world’s population now resides in countries that have signed or ratified the CRPD. The CRPD addresses barriers that impede the full inclusion and participation of people with disabilities in their communities. Its provisions touch on all aspects of daily life, such as education, employment, living independently and being included in community life. Application of the treaty’s provisions is enhancing the opportunities around the world for community access, employment and entrepreneurship, international exchange, and the attainment of an adequate standard of living for all individuals, children and families affected by disability.

The United States International Council on Disabilities (USICD) is part of a coalition of organizations that support U.S. ratification of the CRPD as a means to broaden protection of the inherent rights of persons with disabilities across the world, and to solidify the rights of persons with disabilities within the United States. The United States led this effort with the adoption of the Americans with Disabilities Act. Ratification of the Convention will assure the United States continues to lead globally in promoting the rights of persons with disabilities.

“This is a historic day in the movement for full equality, access, and inclusion of people with disabilities in America,” says David Morrissey, Executive Director of USICD. “A broad coalition of Americans with disabilities have called for our country to sign this treaty, which upholds the American values of liberty, justice, and equality. We look forward to broad support for this treaty among all Americans, both with and without disabilities.”

USICD is a federation of US-based non-governmental organizations (NGO), government agencies and individuals committed to advocating in support of the international disability community.

FREQUENTLY ASKED QUESTIONS ABOUT
THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

1. What are “human rights”?
“Human rights” are the rights that everyone has just by being human. Everyone is automatically entitled to enjoy the full range of human rights just because they are human. In other words, you don’t have to be a member of any particular group to have them, and nobody needs to give you your rights. Human rights are based on human needs, and we find them in human rights treaties (also called “conventions”), and also documents like the Universal Declaration of Human Rights.

2. What is a human rights convention?
A “convention” is a legally binding agreement, in writing, between two or more countries. Conventions can also be called “treaties.” Conventions can be used to address many kinds of topics. A “human rights convention” is a convention that deals specifically with the topic of human rights. The Convention on the Rights of People with Disabilities (CRPD) is an example of a human rights convention.

3. What is the Convention on the Rights of People with Disabilities (CRPD) about?
The CRPD is a human rights convention intended to promote, protect and ensure the full and equal enjoyment of all human rights by persons with disabilities. It addresses a number of key areas such as accessibility, personal mobility, health, education, employment, habilitation and rehabilitation, participation in political life, and equality and non-discrimination. The CRPD embodies a change in approach to disability, from thinking of it as a social welfare issue to being a human rights issue. Specifically, the CRPD uses a human rights approach to show how societies can remove the societal barriers and prejudices that lead to the exclusion and marginalization of persons with disabilities.

4. Does the CRPD create new rights?
No. The CRPD does not create any new or different rights for persons with disabilities under international human rights law. Rather, the CRPD talks about existing international human rights in a disability context.

5. How will the CRPD help persons with disabilities?
Historically, persons with disabilities have been treated as people to be sympathized or protected, and have often been forced to change or conform with societal views of what is “normal.” The CRPD helps to change this perception by embracing diversity, emphasizing the dignity and equality of all persons with disabilities, and recognizing that all people must be provided with the opportunities to live life to their fullest potential, whatever that may be. The extensive support for the CRPD around the world will help to establish greater inclusion of persons with disabilities in a wide variety of contexts. For example, increasing commitment abroad to accessibility will provide Americans with disabilities fresh opportunities to work, travel and contribute as equal members of the international community.

6. Who are persons with disabilities?
There is no internationally accepted definition of disability, and the CRPD does not include a definition of who persons with disabilities are. However, the CRPD approaches “disability” as an evolving concept which results from the interaction between people with different functional abilities and societal obstacles, such as physical barriers and attitudes. In other words, it is these barriers that are disabling for people, not their impairments or different functional abilities. The more obstacles and barriers a person faces the more disabled they become. Under the CRPD, persons with disabilities include but are not limited to those who have long-term physical, mental, intellectual, or sensory impairments such as blindness, deafness, impaired mobility, and developmental impairments.

7. The U.S. is a States Party to other human rights conventions - why aren’t those enough to protect the rights of people with disabilities?
None of the conventions to which the US is already legally bound mentions disability. The CRPD is the first human rights convention to apply the disability perspective to all the human rights found those conventions. The CRPD can help provide guidance on how we can better live up to the human rights obligations we have already undertaken in other conventions, such as the International Covenant on Civil and Political Rights.

8. Is "signing" a convention the same thing as "ratifying" it?
No. When a country signs it becomes a “signatory.” Being a signatory means that the country agrees with the main idea of the convention, that it agrees it will not take any action to violate the main idea of the convention, and that it is interested in fully joining the convention in the future. When a country ratifies it becomes a “States Party.” Being a States Party means that a country is legally bound to comply with its obligations under the convention. Under the U.S. Constitution the President has the authority to ratify conventions with the advice and consent of two-thirds of the Senate.

9. Will the CRPD create obligations on countries?
Yes. The CRPD requires States Parties to ensure the enjoyment of human rights by persons with disabilities on an equal basis with others. For some countries this will require the introduction of non-discrimination legislation like the Americans with Disabilities Act. Additional measures might include eliminating laws and practices that discriminate against persons with disabilities, and considering persons with disabilities when adopting new policies and programs. Other measures could include making services, goods, and facilities accessible to persons with disabilities.

10. How is the CRPD monitored?
The success of the CRPD’s implementation will be independently monitored at both the national and international levels. At the national level States Parties must designate or establish an independent body to do this monitoring. At the international level a panel of independent experts called the “Committee on the Rights of Persons with Disabilities” will monitor the CRPD. For example, the Committee will review periodic reports submitted by States Parties and make recommendations on how implementation of the CRPD can be improved.

11. In the United States, we already have the Americans with Disabilities Act (ADA). Why do we also need to sign and ratify the CRPD?
The U.S. is a global pioneer in championing the rights and inclusion of persons with disabilities. Indeed, many countries have modeled their disability legislation, policies and practices on those adopted by the U.S. Nevertheless, we still have more work to do to ensure the full inclusion of persons with disabilities in all areas of American life. Although ground-breaking, legislation such as the Americans with Disabilities Act does not address every fundamental right to which persons with disabilities are entitled. The CRPD addresses many of these missing areas, and its core principles are consistent with American values. Furthermore, the 2008 National Council on Disabilities report comparing the CRPD with U.S. law found that “there is no legal impediment to U.S. signature and ratification on the basis that, in large measure, the legal standards articulated in the CRPD align with U.S. disability law.” By joining the CRPD the U.S. would strengthen its approach to ensuring the full equality of persons with disabilities, and would send a message to the world that our commitment to the human rights of persons with disabilities is as strong as ever.

12. Does it make economic sense to join the CRPD?
Yes. Ensuring that persons with disabilities are able to live up to their potential makes good economic sense. By removing barriers persons with disabilities are just as able to be employees, employers, entrepreneurs, consumers and taxpayers as anyone else. When persons with disabilities are excluded from society we all lose out on the contributions they would otherwise make. Also, complying with the CRPD benefits all people, not just persons with disabilities. For example, universal design features such as elevators, ramps, and clear signage assist many people in addition to persons with disabilities.

Comment Below: How do you feel about the signing of the UN CRPD? Excited? Relieved? Ambivalent? Hopeful? Why?

President Obama Meets with Disability Leaders

From the JFA Moderator: The following is SUMMARY was prepared by the individuals who attended a small meeting with President Obama to discuss Disability Policy Priorities on Friday, July 24.  This conversation with disability leadership is an important first step for the President and the Disability Community to work together toward fulfilling the promise of the ADA: equality of opportunity, full participation, independent living, and economic self-sufficiency.  The Justice for All Action Network (JFAAN) was pleased to have several members of its steering committee involved in this conversation and hopes future meetings will be even more inclusive of the leaders of the national organizations representing the major disability groups run by persons with disabilities.

SUMMARY

On July 24, President Obama invited a group of 12 representatives of the disability community to meet privately with him and other Administration officials in advance of an East Room ceremony marking the 19th anniversary of the Americans with Disabilities Act (ADA) and his announcement of the Administration’s decision to sign and seek Senate ratification of the UN Convention on the Rights of Persons with Disabilities.

Attending the meeting for the disability community were Polly Arango of Family Voices; Marca Bristo of the US International Council on Disabilities and Access Living of Metropolitan Chicago; Kelly Buckland of the National Council on Independent Living; former Congressman Tony Coelho; Michael Fitzpatrick of the National Alliance on Mental Illness; Marty Ford of the Consortium for Citizens with Disabilities and The Arc and UCP Disability Policy Collaboration; Andy Imparato of AAPD; Ted Kennedy, Jr. of the AAPD Board and The Marwood Group;  Michael May of the Sendero Group, a technology company; Maria Veronica Reina of the Global Partnership for Disability and Development; Jeff Rosen of Snap!VRS, a video relay and technology company; and Bob Williams of the District of Columbia, former Deputy Assistant Secretary for Disability and Long-Term Care Policy at the U.S. Department of Health and Human Services.

Joining the President at the meeting  were Attorney General Eric Holder; Secretary of Labor Hilda Solis; Melody Barnes, Assistant to the President for Domestic Policy; Assistant to the President and Cabinet Secretary Chris Lu; Kareem Dale, Special Assistant to the President for Disability Policy; Paul Miller, Special Assistant to the President for Personnel; Lisa Brown, Staff Secretary to the President; Michael Strautmanis, Chief of Staff to Valerie Jarrett; Jeff Crowley, Director of the White House Office of National AIDS Policy and Senior Advisor on Disability Issues to the Domestic Policy Council; Tina Tchen, Director of the Office of Public Engagement; and Kathy Martinez, Assistant Secretary of Labor for Disability Employment Policy.

The disability community representatives engaged in a productive dialogue with Attorney General Holder and Secretary Solis before the President arrived, discussing our priorities for civil rights enforcement at both departments, including but not limited to internet accessibility, Olmstead enforcement, reducing the waiting period for ADA complaints to be resolved, using OFCCP to enforce the affirmative action provisions in the Rehabilitation Act, protecting children from the use of aversives and restraints; and implementing a government-wide strategy to improve the representation of people with significant disabilities in the federal workforce.   Both Holder and Solis were very interested in continuing the discussion in follow-up meetings with disability community representatives in the weeks to come.

When the President arrived, he noted that we had a wide-ranging agenda that included employment, education, technology, health care, and civil rights policy, and indicated his interest in using this first meeting as a listening session.  We thanked him for the meeting and for his leadership in signing the UN Convention on the Rights of Persons with Disabilities, we emphasized the importance of seeing disability policy issues as fundamentally about fairness, civil rights and human rights.  We shared some personal discrimination stories and expressed our desire to work with the White House and agencies across the administration on a broad-based strategy to make progress between now and next July 26, which will be the 20th anniversary of the ADA.  A significant portion of our time with the President was devoted to health care reform and the need to end the institutional bias in Medicaid, and the President offered to have Nancy-Ann DeParle and Peter Orszag and other members of his health reform team sit down with us in the next few weeks to discuss our ideas, including making the Community Choice Act a state option as part of the final bill that emerges from Congress.

The disability community representatives came away believing that the President, his cabinet representatives, and his senior White House staff are committed to working with our community to achieve the goals of the Americans with Disabilities Act.  We look forward to following up on all of the issues discussed at the meeting.  All in all, we felt that this historic meeting represented a very important step forward for our community and for the country.

Comment Below: Was this an appropriate way for President Obama to celebrate this significant event with our community?  What are your hopes for or concerns about the UN Convention?  Do you think the disability leadership addressed appropriate issues?  Who would you select as representatives for the disability community?