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Just In: AAPD Joins Facebook Causes

From the JFA Moderator:

AAPD recently joined Facebook Causes as a way to get the word out about the disability rights movement and to make it easier for YOU, our dedicated activists, to contribute your support.

Take Action TODAY: Join or Donate to AAPD's Cause on Facebook and share these links with your friends.

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US Signs UN CRPD

From Reuters (7/30/09):

U.S. signs U.N. disabilities pact, in change of course

By Patrick Worsnip

UNITED NATIONS (Reuters) - The United States signed a U.N. convention on Thursday aimed at ensuring equal rights for the world's 650 million disabled people, a pact that the former Bush administration refused to endorse.

In a ceremony at U.N. headquarters, U.S. Ambassador Susan Rice inked the pact, billed by the United Nations as the first human rights treaty of the 21st century. It came into force last year.

The 32-page U.N. Convention on the Rights of Persons with Disabilities outlaws all forms of discrimination at work on the basis of disability, including in hiring, promotion and working conditions. It requires equal pay for work of equal value.

It also calls on signatory states to promote the employment of disabled people, including through "affirmative action" programs that favor them.

The pact stipulates the disabled may not be excluded from mainstream education systems. It demands that governments provide them with physical access to transportation, schools, housing, medical facilities and workplaces.

Bush administration officials had said the document was weaker than the 1990 U.S. Americans with Disabilities Act and therefore could complicate enforcement of that law.

But Rice said the United States was "very pleased to join 141 other countries that have signed this convention in pursuit of a more just world." Sixty-one countries have ratified the pact.

President Barack Obama would soon submit the convention for Senate approval, Rice said at the ceremony attended by representatives of U.S. disability groups.

Valerie Jarrett, a senior adviser to Obama, told the gathering the signing was a "historic step toward advancing our global commitment to the fundamental human rights for all persons with disabilities."

She also announced the creation of a senior-level position at the State Department to develop a strategy to promote the rights of disabled people around the world.

The signing underlined the more favorable attitude toward the United Nations of the Obama administration than that of its predecessor, which often criticized the world body and was leery of international treaties that could have an impact on U.S. law.

Human Rights Watch, one of several advocacy groups that welcomed the signing, said the United States had signed six out of nine core international human rights treaties but ratified only three -- on racial discrimination, civil and political rights, and torture.

Jamil Dakwar of the American Civil Liberties Union said that Thursday was "a great day for the rights of people with disabilities and a step forward for the U.S. human rights movement."

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

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?

President George H.W. Bush Celebrates the ADA Anniversary

THE WHITE HOUSE

Office of the Press Secretary

FOR IMMEDIATE RELEASE

July 24, 2009

 

Statement from Former President George H.W. Bush on the Anniversary of the Americans with Disabilities Act

 

“I congratulate President Obama for taking some time today to remember the 19^th anniversary of the Americans with Disabilities Act.  There is no place in our society for prejudice of any kind, yet it was not that long ago when Americans with disabilities were often not given equal rights and opportunities.  Whether the cause was ignorance or indifference, it was not acceptable.  We can all take pride in how much the ADA has accomplished, which is evident every time you attend a sporting event, ride the subway, or go to work.  Yet, there is always more to be done, which is why it’s good not only to celebrate our successes, but to look forward at what still must be done.  As long as we never forget that every life is a miracle and each person has something to contribute, we will finish the job.”  

House of Representatives Urges Senate to Ratify UN Convention

H. Res. 416, submitted on May 7, 2009 by Congressman Lewis (D-GA), calls on the Senate to immediately ratify the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol.

For Immediate Release

Disability Human Rights Organizations Support H. Res. 416

Washington, DC | May 14, 2009 |Two national disability rights organizations, the Center for the Human Rights of Users and Survivors of Psychiatry (CHRUSP) and the U.S. Network of Users and Survivors of Psychiatry (USNUSP) support H. Res. 416, which expresses the sense of the House of Representatives that the “United States should become an international human rights leader by ratifying and implementing certain core international conventions” and affirms the historic role of the United States in the development of global human rights standards.

“The time has come for the U.S. to cease the practice of exceptionalism when it comes to human rights. This resolution from the House of Representatives is a step in the right direction, and we will continue to advocate and organize for U.S. ratification of UN international treaties and accountability to, international human rights norms,” said Daniel Hazen, a co-coordinator of USNUSP, a grassroots organization seeking to advance the human rights and dignity of people with psychiatric disabilities in the U.S. CHRUSP and USNUSP support U.S. ratification of all UN conventions and optional protocols, but are particularly focused on the UN Convention on the Rights of People with Disabilities (CRPD), which sets forth unprecedented protections for people with psychiatric disabilities beyond the standards currently articulated in the Americans with Disabilities Act (ADA). These include equal recognition as persons before the law (Article 12), in which users and survivors of psychiatry are entitled to full legal capacity with the option of supported decision-making should they request it. UN experts, including the Special Rapporteur on Torture, consider the controversial practice of involuntary psychiatric treatment to violate the CRPD.

Tina Minkowitz, Director of the Center for the Human Rights of Users and Survivors of Psychiatry (CHRUSP), an organization working for full legal capacity for all and an end to forced psychiatric interventions, said: "CRPD and its Optional Protocol (allowing individuals to complain about human rights violations) should be ratified without any reservations, understandings or declarations, to make the greatest commitment possible to the human rights of people with disabilities in the U.S. and abroad." 

H.Res.416 is sponsored by Rep. John Lewis (D-GA). For a complete list of co-sponsors please visit www.thomas.gov.

Top 10 Disability Events of 2008

Contributed by Day Al-Mohamed via her blog Day in Washington (Feb. 11, 2009):

Top Ten Disability Events of 2008

This episode is a restrospective of the top ten disability events of 2008.  Listed in order of importance, this podcast asks listeners/readers to respond to the question:  What is YOUR #1 Disability Event for 2008?

2008 was a pretty busy year for the disability community. There were many policy issues and disability events that took place, that will have an impact for a long time to come. Today’s podcast is my list of the Top Ten Disability Events of 2008.

So let’s get started – the Top Ten Disability Events for 2008

Number 10. Students with Disabilities in Advanced Coursework

Number 9. The Medicaid Moratorium.

Number 8. The PreNatally and Postnatally Diagnosed Conditions Awareness Act.

Number 7. U.S. Treasury Lawsuit (ACB demands accessible currency)

Number 6. Ratification of the Convention on the Rights of People with Disabilities or CRPD.

Number 5. Mental Health Parity.

Number 4. Importance and Emphasis on Media and Disability: Tropic Thunder, Blindness and SNL

Number 3. ADA Amendments Act

Number 2. The Genetic Information Non-Discrimination Act.

Number 1. Presidential Campaigns and the Courting of the Disability Vote.

That’s my list. What do YOU think was the Number 1 Disability Event of 2008? This is Day Al-Mohamed with your Day in Washington Disability Policy Podcast hoping that you stay well and stay informed. For more information on each of these events and on disability policy please check: DayInWashington.com

Comment Below: Should the medicaid moratorium be higher on the list? The UN convention lower?  Is there something missing from this list altogether?  Post your top 10 most important disability events of 2008 below.