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

Comments

[Nick Dupree]

I'm on a ventilator too.

Any idea of when I'll be able to access currently INACCESSIBLE public businesses? Maybe for the ADA's 29th anniversary? 39th? Where's the enforcement?

Any idea if/when Article 19 of the CRPD Treaty will be enforced? That's the article that guarantees me community choice. This is particularly bitter for me because I am currently STUCK IN AN INSTITUTION.
Why agree to Article 19 when we are not following it! The feds continue to look the other way while poorer states cut off community services for the severely disabled just because they've turned 21, and leave them no choices but death and/or an institution. I had to fight that policy years ago in Alabama, and won, but apparently this despicable practice is still going strong in Illinois:

What will we do to fix this before we start positioning ourselves as the example the developing world should follow?

Nick

[Sharon Campbell]

I am struggling with the knowledge from the Office of Civil Rights in Cedar Rapids, Iowa, that said the federal government has 'grandfathered' out the Americans with Disabilities Act (ADA) (1991) restroom requirements for those business persons in Cedar Rapids, Iowa, who are getting federal funds to rebuild/remodel their flood-damaged businesses. This is disheartening and frustrates me and others who simply wish to use a restroom after spending our money for lunch at Hacienda Los Glorios on 1st Ave., CR, or buy a beer at Ernies Ave. Tavern in Czech Village. These rebuilt/remodeled buildings were beautifully redone withOUT handicapped restrooms, because the government said they did not have to meet the guidelines of the ADA with the federal funds they were given. This is true for all CR businesses rebuilding/remodeling with our federal tax dollars.

Senator Harkin of Iowa initially sponsored the ADA, and his contact is:
http://harkin.senate.gov/c/

Anyone in or outside of Iowa can contact Senator Harkins with a short email. Consider mentioning how the soldiers coming home with amputations and paralyses will be smacked in the face by this outrageousness. Perhaps our letter should show the absurdity by asking them to require that all businesses that do not meet the ADA requirements post this on their entry doors: ALL PATRONS MAY SPEND YOUR MONEY HERE, BUT ONLY ABLE-BODIED PERSONS MAY USE OUR RESTROOMS. (Very 1960's). At least THEN we would know in advance not to support that business!

Those of you outside of Iowa might also contact your own Senators--found by state at the following link.

http://www.senate.gov/general/contact_information/senators_cfm.cfm

Please forward this to all your friends whom you think would be activist enough to take a minute to express concern for the returning vets--and for me. I'm sure there are untold numbers of businesses across the nation. People have no idea the frustration it causes to be otherwise ABLE to do what one wants--if only the barriers would be removed. Most barriers are simple problems to solve--and not as costly and those who refuse to make them would believe. It will take those of us with disabilites--PLUS our able-bodied friends who care--to show business owners that they WILL lose significant income if they don't do the right thing.

I think we need a revolution & picketers on this one! :) Actually, would you boycott these places for a time to make a point? Consider asking as you go into a business if they have handicapped accessible restrooms--and LEAVE immediately if they don't! Again, if they realize a loss in their incomes, they will make the changes.

They put men on the moon FORTY years ago, and I can't use a restroom? Can I sue to get some action?!

I appreciate anything you are willing to do to help out.