Disability Convention

Convention Fact Sheet

Why do we need a new international convention (treaty) on the human rights of people with disabilities?

Human rights treaties, also known as conventions, are global statements that articulate human rights standards. Many, such as the one we are discussing, are developed through the United Nations.* For countries that sign and ratify them, they become legally binding international law. There are “general” treaties, which apply to all human beings, and “specialized” treaties, which take particular notice of the human rights situation of specific populations. There are, for example, separate conventions on the rights of women, children and refugees.

The existing core human rights treaties do not adequately address the unique physical, social, cultural, economic and legal circumstances of people with disabilities, and are rarely used to enforce the human rights of people with disabilities. Although there are international instruments that do address the specific circumstances of people with disabilities, such as the UN Standard Rules on the Equalization of Opportunities of all Persons with Disabilities, these are not “conventions” so they are not legally binding. In addition, some such documents do not reflect progressive thinking about disability.

*There are also regional bodies, such as the Organization of American States (OAS), that develop multi-lateral treaties for their specific regions and in other cases, such as that of the Mine Ban Treaty, treaties are negotiated outside the framework of intergovernmental bodies.

Can a convention on the rights of people with disabilities really make a difference?

Yes. The impact of human rights conventions has been demonstrated. Participants in other social movements (women, racial minorities, children, etc.) testify that both the process of developing a convention, as well as the convention itself, have been tremendously transformative and useful. The process – which can take several years – brings together advocates from all over the world, helping to internationalize the movement and build global networks. Once completed, the convention requires participating countries (called “States Parties” within the UN system) to report on their progress in implementing the treaty obligations and also provides a powerful tool for advocacy groups to monitor the progress of human rights. A convention on the human rights of people with disabilities will also serve to increase public awareness of disability, promote law and policy change at the national level, provide redress in individual cases of rights violations or abuses, and channel resources into programs addressing the rights of people with disabilities. In addition, mainstream human rights organizations and institutions such as Amnesty International and Human Rights Watch – which have traditionally devoted very little attention to disability rights – are already beginning to take stronger notice of disability issues as a result of the treaty development process.

Why is this convention important to other countries?

Fewer than 45 countries around the world currently have anti-discrimination law addressing people with disabilities. A new human rights convention for people with disabilities will create legal obligations for countries where no domestic protections exist and will also serve as a valuable guide for the development of domestic disability legislation in these countries.

Does the United States sign and ratify human rights conventions?

Not always. The US has been very slow to ratify many treaties and has not, for example, ratified the Convention on the Rights of the Child or the Convention on the Elimination of All Forms of Discrimination against Women. However, this should not dissuade us from promoting US leadership on a disability rights convention – including leadership from our government and from the disability community. The United States was a strong advocate for the development of the International Bill of Human Rights, and also has a strong record in the promotion of human rights at the domestic level. Many countries look to the United States and the US disability community for guidance on disability rights issues, often modeling their domestic legislation after the Americans with Disabilities Act (ADA). The US has a unique responsibility to engage in this important international process and may be more likely to sign and ratify this convention, based on our international reputation regarding disability rights.

Why should Americans with disabilities devote time and attention to issues at the international level at a time when the ADA is being steadily threatened by Supreme Court decisions that narrow its focus and weaken its effect. Aren’t our energies better used in protecting the ADA?

Without a doubt, fighting for the preservation of the ADA is the top priority for the US disability community. Still, there are disability advocacy groups within the US that have, for many years, incorporated an international component into their agendas and it is these groups that have taken the lead in promoting the convention here in the US. What is being requested from the broader US disability community is support for our efforts through activities such as signing letters to Congress or the President and including links on your websites to information about the convention in order to increase awareness of the convention among your constituencies. Of course, there are also many opportunities for those who are interested in becoming involved more directly. Organizations such as the United States International Council on Disabilities (USICD) would be happy to assist individuals or groups who wish to participate actively in promoting a strong convention. Whatever the level of engagement, it is important to understand that integrating disability into the global human rights framework and creating international legal standards will only serve to strengthen domestic initiatives by reinforcing the message that the human rights of people with disabilities deserve the same level of commitment that our government demonstrates toward the rights of other specific populations and, indeed, society as a whole.