The Biden Administration Needs to Make the Ratification a Priority for the Near
The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is groundbreaking in its scope and intentions. Modeled after the Americans with Disability Act (ADA) of 1990, the treaty calls on all nations to guarantee the same rights protected under the ADA -- rights that pertain to education, employment, public accommodations, and transportation.
The treaty was first written in the early 2000’s after decades of lobbying and discussion. At that point, disability rights were a category of civil rights that were often underdeveloped, underrepresented, and frankly, unheard of outside a smattering of developed countries.
It became clear in the years prior to the drafting of the UNCRPD that domestic disability rights needed international intervention. When the UNCRPD opened for signatures in March 2007, the hope of many involved was that the treaty would work to bridge the divide between the countries that had worked to incorporate disability rights into their national constitutions or pieces of national legislation and the countries that had not.
The Successes and Limitations of the UNCRPD
The success of the UNCRPD has been highly dependent on the intentions of specific countries. Even today, the disability community reflects some of the most vulnerable members of society and, as a whole, the community has traditionally been barred from employment, education, and public accommodation. In the event of emergencies, many countries around the world view their citizens with disabilities as unfortunate instances of collateral damage. To undo both the societal stigma and generations worth of biased legislation takes more than signing the treaty.
The process by which a country begins to adopt disability rights based on the UNCRPD is simple. A country first signs the treaty. The act of signing the document shows both an intention to ratify and an admittance that disability rights within the country can be improved. A country then ratifies the treaty. Ratification is slightly more binding, but the ratification only indicates that a country will attempt to model domestic legislation after laws like the ADA or others outlined by the treaty.
The simplicity and lack of enforcement were no doubt two mechanisms that were carefully built into the wording of the treaty in an attempt to lure as many countries to sign the treaty as possible. While there may be another, more linguistically forceful treaty on the rights of persons with disabilities in the future, the might of the UNCRPD comes in having the vast majority of countries sign and ratify the treaty. That in itself is a huge step forward for disability rights in the world.
The US and Ratification
As of 2021, the treaty has been ratified by 182 countries. However, despite the treaty’s lack of enforcement and the fact it was modeled after US laws, the United States hasn’t ratified it.
The treaty was first signed by President Obama in 2009, when the then-president remarked that:
“this extraordinary treaty calls on all nations to guarantee rights like those afforded under the ADA. It urges equal protection and equal benefits before the law for all citizens; reaffirms the inherent dignity and worth and independence of all persons with disabilities worldwide.”
However, the US has never gotten beyond signing the document. The first attempt came in 2012 in a Senate vote that lacked the two-thirds majority required to adopt an international treaty. The second attempt came nearly two years later. In 2014, the Senate’s Foreign Relation Committee once again advanced the treaty, but it never made it to a Senate vote.
During the Trump administration, there was no attempt to ratify the treaty. This is hardly shocking considering the administration seemingly made it a mission to attack disability rights through both the policies it enacted and the people it appointed to positions.
However, the Biden administration has an opportunity to use its slim majority in the Senate to finally ratify the UNCRPD. While ratifying the treaty may not substantially impact domestic legislation, it will convey a clear message: the US stands with disability rights and sees it as a priority.
As a citizen of the U.S., I feel that message is greatly needed in 2021 and beyond for the continuation of the fight for disability rights around the world.
Written by Ryan Trombly
Ryan Trombly was diagnosed with Cerebral Palsy when she was eighteen months old. The disability causes right-side hemiparesis that affects the entire right side of her body, weakening her muscles and limiting her mobility in everyday activities. Despite this, Ryan has strived to live an independent life without any barriers and hopes to use her voice to advocate for the disability community.
Want to read the articles and interview this blog post was based off? Check out the following links!
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