Frequently Asked Questions
Frequently Asked Questions about the CRPD
What is the Convention on the Rights of Persons with Disabilities?
What is the history of the CRPD?
What does the CRPD seek to achieve?
What is the process for ratifying the CRPD?
If ratified, what will the CRPD require of the U.S.?
Will the CRPD require changes to federal law in the U.S.?
Will the CRPD have an effect on state and D.C. law?
Why should the U.S. ratify the CRPD when we have the ADA?
What is the Convention on the Rights of Persons with Disabilities?
The Convention on the Rights of Persons with Disabilities (CRPD) is a human rights treaty that sets out the obligations of countries that ratify it to promote, protect, fulfill, and ensure the rights of persons with disabilities.
What is the history of the CRPD?
The United Nations adopted the CRPD in 2006. It was officially open for countries to sign on March 30, 2007. The CRPD “entered into force,” meaning that that the treaty became law for countries that have ratified it, on May 3, 2008. The U.S. signed the CRPD on July 30, 2009, joining the 141 countries that had already signed it. Signing a treaty creates the obligation to not violate the object and purpose of a treaty; however, State Parties are not bound to uphold the specific obligations of a treaty until they ratify. As of December 2011, 108 countries have ratified the treaty and 153 countries have signed it. As of this writing, the U.S. has not ratified the CRPD.
What does the CRPD seek to achieve?
The CRPD seeks to ensure that persons across the globe with disabilities are provided with the same rights as everyone else thereby ensuring that they can live full, satisfying and productive lives. The U.S. has made progress toward the goals of inclusion, equal opportunity, full participation, independent living, and economic self-sufficiency for Americans with disabilities through its own extensive legislation. The CRPD seeks similar achievements throughout the world through international cooperation and sharing of ideas and implementation methods. By ratifying the CPRD, the U.S. can continue its global leadership in advancing disability rights.
What is the process for ratifying the CRPD?
The U.S. signed the CRPD on July 30, 2009. The next step is for President Obama and his staff to prepare a treaty transmittal package. The Administration then sends the treaty transmittal package to the Senate. In the U.S. Congress, the Senate is responsible for ratifying treaties. For a treaty to be ratified by the U.S. Senate, it requires a “super-majority” vote, or a vote of two-thirds of Senate (67 votes). Should the treaty pass, the CRPD is returned to the President, who signs it. After the ratification process is complete, the treaty then “enters into force” meaning that the treaty becomes law.
If ratified, what will the CRPD require of the U.S.?
Once a treaty is ratified and enters into force, the U.S. is required to implement all provisions. The CRPD does not create new rights, but rather seeks to strengthen existing rights and principles. The CRPD contains 33 provisions or substantive articles detailing how disability rights should be interpreted and applied to prevent discrimination. The treaty adopts a broad and flexible approach that allows for the legal particularities of each country to be taken into consideration.
Will the CRPD require changes to federal law in the U.S.?
No. Current U.S. law includes a vast array of provisions and programs to fight discrimination against persons with disabilities. These laws include the Rehabilitation Act of 1973 (as amended), the Americans with Disabilities Act of 1990 (as amended), and the Individuals with Disabilities Education Act, among others. The treaty works with this legislation to ensure the rights of people with disabilities. Most provisions of the treaty are consistent with current U.S. legislation.
In a case where existing U.S. law is not consistent with the CRPD, the U.S. can ratify the treaty subject to Reservations, Understandings, or Declarations (RUDs). For example, where U.S. law, such as the ADA, is different from a treaty provision, the U.S. may decide to take a Reservation with respect to this particular provision. Using this clause, ratifying the treaty would not require changes to the law.
Will the CRPD have an effect on state and D.C. law?
No. To the extent that it is not clear that the laws of the 50 states and the District of Columbia are consistent with the Convention’s obligations, any gaps may be addressed by using RUDs.
Why should the U.S. ratify the CRPD when we have the ADA?
Similar to the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA), the principles of the CRPD are equal treatment and non-discrimination in politics and access to justice, health, education, employment, and rehabilitation. The CRPD seeks to ensure that persons across the globe with disabilities are provided with the same rights as everyone else thereby ensuring that they can live full, satisfying and productive lives. In doing so, the CRPD establishes an international monitoring body called the Committee on the Rights of Persons with Disabilities that makes recommendations for how to best implement the treaty’s vision. The U.S. must ratify the treaty in order to sit on this Committee and guide other countries in developing disability laws that can achieve similar successes to those in the United States.