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Saturday, December 1, 2012

U.N. Disabilities Treaty moves forward This Week In The U.S. Senate, But Future Is Uncertain

The movement to ensure that people with disabilities are treated fairly throughout the world moved forward a bit this week via a Senate vote. On Tuesday, the chamber voted to move the United Nations Convention on the Rights of Persons with Disabilities to the floor for a debate by a 61-36 vote.

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is a treaty that would extend the rights granted by the Americans with Disabilities Act to people with disabilities throughout the globe, no matter where they are living.

“Travelers abroad, Americans living and work abroad, would receive protection around the world,” Gary Arnold, of Access Living, told Progress Illinois.

In 2006, the treaty was originally adopted by the United Nations as a result of organized efforts around the world to create an international document that recognizes disabilities rights globally.

“That process took about four or five years, but it was lightning speed in U.N. time. It was the first international human rights treaty in the new millennium,” Marca Bristo, president and chief executive officer of Access Living, said in an interview with Progress Illinois.

In 2009, the United States signed the treaty by way of President Barack Obama. The convention has been signed by 154 counties and ratified by 126. In order for the U.S. to ratify it, the treaty needs a two-thirds majority Senate vote.

Because the U.S. has signed but not ratified the treaty, Bristo says America can’t appoint anyone to serve on the U.N.’s committee on disabilities.

“The United States, which has the best practices, has to sit on the sidelines because we aren’t a ratified country. Our best practices and many years of experience can’t be implemented because we haven’t been ratified,” Bristo said.

While Congress is currently in the throes of negotiating a solution to the fiscal cliff, Arnold says a Senate vote on the treaty may come as soon as next week.

“We’re anticipating a final vote next week on it, so we’re anticipating it won’t be pushed aside because of the fiscal cliff. There’s been a lot of negotiations on the vote,” Arnold said. “December 3rd is actually the official international day of disability rights. We don’t know if a vote will come then, but it would be serendipitous if it did.”

In addition to Access Living, more than 300 disability organizations, 21 veteran organizations and 30 faith organizations support full ratification of the treaty.

The United States Chamber of Commerce and former Republican Senator Bob Dole also support the treaty. Bristo praised Dole’s advocacy efforts, which she said he conducted from his hospital bed last week. But some current Senate Republicans may be poised to vote against ratification.

Back in September, 36 Senate Republicans signed a letter opposing a vote on the treaty during the lame-duck session and expressed concerns about giving the U.N. discretion on the issue of international disability rights for U.S. citizens. If those who signed the letter vote against the convention, that will be enough votes to prevent ratification.

Even still, supporters of the treaty are optimistic about garnering enough bipartisan support in the Senate for it to pass.

"Ratification of the CRPD is the next advance in the bipartisan march towards increasing the freedom of all Americans with disabilities,” Tony Coelho, board member of the United States International Council on Disabilities (USICD) and a former Democratic congressman, said in a news release.

Coelho was the primary sponsor of the Americans with Disabilities Act, which was signed into law by President George H.W. Bush in 1990.

The law explicitly prohibits discrimination of persons with disabilities in the areas of employment; public entities at the local and state level; public accommodations, such as inns or hotels; and the telecommunications industry, which must accommodate deaf or hard-of-hearing consumers.

In 2008, President George W. Bush signed an amendment to the law that broadened the definition of disability and changed how statutory terms are implemented. Namely, the law now focuses “on discrimination at issue instead of the individual's disability,” according to the law's summary.

Both the original law and the 2008 amendment passed with bipartisan support and the convention will need backing from both sides of the aisle this time around to pass the two-thirds majority vote threshold.

“Disability policy has always been bipartisan. We have a bipartisan team moving this forward,” Bristo said. “We’ve had incredible support among both sides of the aisle. This is a crowning achievement for America. This treaty takes it to a whole different level.”

No changes in U.S. law are required in order to comply with the treaty.

Progressive Illinois
Article by Jon Graef Friday November 30th, 2012
Aricka Flowers contributed to this story.

http://progressillinois.com/quick-hits/content/2012/11/30/un-disabilities-treaty-makes-headway-us-senate-though-future-uncertain

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