Disability history was made on March 30, 2007 at the United Nations signing ceremony for the UN Convention on the Rights of Persons with Disabilities which garnered unprecedented support and record-setting numbers of signatures. The Convention has enjoyed bragging rights since its inception. First proposed by Mexican President Vicente Fox, in just a few years, the Convention moved from an idea to the first human rights treaty of the 21^st century, making it the fastest negotiated international human rights treaty ever.

Mexico signed. Canada signed. The European Community signed. 80 of 192 nation-members signed, and yet, the U.S. was not among them. The U.S. did not even send a representative to the ceremony, a simple act which a number of non-signing countries recognized the importance of doing. John Lancaster, Executive Director of the National Council on Independent Living (NCIL) and the President of the United States International Council on Disability (USCID), was present at the signing ceremony and recently shared his first-hand experience in a letter to NCIL members:

“As I sat in the observers' area on the floor of the UN's General Assembly Hall, delegates from 80 nations and the European Community took their turn at the official signing table to commit their country to the human and civil rights of people with disabilities. At several points, my eyes welled with tears. They should have been tears of joy and pride as an American, as a citizen in the country that had created this world-wide movement for the rights and empowerment of people with disabilities. Instead, they were tears of shame and embarrassment...”

The Convention advances eight main principles – respect for inherent dignity, autonomy, and independence of persons; nondiscrimination; full and effective participation and inclusion in society; respect for difference and acceptance of people with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; respect for evolving capacities of children with disabilities and respect for the rights of children with disabilities to preserve their identities. The Convention on the Rights of Persons with Disabilities goes beyond simply declaring basic rights and focuses instead on inclusion and participation – that is, the actions necessary to ensure that these basic rights are more than empty promises.

Although the U.S. has not been in a rush to issue a statement of explanation as to why it did not sign, the U.S. was certainly not shy in issuing strong language early in the process – indeed, before there was even draft language – of its intent not to sign, citing domestic rather than international focus as most appropriate for change and improvement.

Whatever official or unofficial explanation or theory advanced, there is too much at stake for the U.S., after years of gradually increasing involvement in the Convention process, to turn its back on this historic treaty at a most crucial moment.

ADAPT, American Association of People with Disabilities (AAPD), National Council on Independent Living (NCIL), and Self Advocates Becoming Empowered (SABE) recently worked together to create a list of questions to present to presidential candidates that identify top issues of the disability community. Among the questions asked is whether or not the candidate supports U.S. ratification of the UN Convention on the Human Rights of Persons with Disabilities and its Optional Protocol. In including this in our list, our national member organizations identify this as an issue of great importance to our members.

In the years preceding the signing of the ADA, many were heard saying “too progressive,” “too expensive,” “too much litigation,” “too controversial,” “not needed.” Yet despite the naysayers, advocates were unrelenting and persevered to see the landmark law signed. As a result, the landscape for people with disabilities radically changed. Yet despite all the advancements under the ADA, there is still so much inequality left to combat – here, in America. For the more than 650 million people with disabilities worldwide, 80% of whom live in developing countries and many in destitute circumstance, the vast majority are still waiting for the liberation of a transformative law that can point the way toward true equality and full participation in society.

The UN Convention on the Rights of Persons with Disabilities provides the opportunity for tides of change across the globe. Because we’ve had 17 years to begin to see what a society can look like when people with disabilities enjoy broad civil rights protections, we must stay involved, sign, and continue to lead. If the U.S. is to remain a visionary leader on the rights of people with disabilities, it cannot stand by idly. Rather, with the same bipartisan enthusiasm as was seen in the signing of the ADA, the U.S. must sign and ratify the treaty and take a lead role in translating broad commitments into national action – to live up to our status as a world leader in the global fight for disability rights.   Please sign the petition, which calls on our President to sign the Convention, and please write your members of Congress asking them to call the President and urge him to sign the Convention.

UPDATE(added 04/23/07):

April 5, 2007 Email Response of the U.S. State Department to Disability Advocate’s Request for Explanation

"USUN, PublicAffairs" <USUNPublicAffairs@state.gov> 4/5/2007 11:31 AM

Thank you for your message to Ambassador Wolff concerning the United Nations Convention on the Rights of Persons with Disabilities. Early in the negotiations for the Convention, the U.S. delegation stated that given the complexity of regulations and enforcement mechanisms needed to ensure equal opportunity for those with disabilities, it would be more productive for nations to pursue reforms at home rather than negotiate a new United Nations convention. For this reason, the U.S. stated that it did not intend to become party to the Convention.

At the same time, the United States joined constructively in the work of the Committee during the negotiations of the treaty, including the sharing of our experiences and offering technical assistance upon request on key principles and elements. We feel that our involvement has improved the treaty. Specifically, we provided technical advice, drawing on our experience in disabilities law and policy, and highlighted a number of issues for members of the Ad Hoc Committee to consider. There is much to be proud of in the document, including its principles of equality and non-discrimination and the strong provisions on important subjects, including political participation, access to justice, accessibility, health, the crucial role of the family, and end of life issues.

We can be proud of our nation's commitment to the rights and dignities of persons with disabilities, which is embodied in the vast array of strong national laws, notably the historic Americans with Disabilities Act. The United States has shown strong leadership in combating discrimination and inequality on the basis of disability. In 2001, President Bush announced the New Freedom Initiative designed to expand the potential for disabled persons to access technologies, education, workplace and homeownership opportunities, as well as new technologies.

We appreciate your interest in this important issue. 

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