It's Spilling Over Into The
International Arena
Today on my
Daily Kos Blog I was asked the question: thinkingblue
- help me understand ...
I am not sure how these treaties work. Does the US have to
approve this treaty for it to be effective? Or does each country
sign if they agree to abide by the treaty, independent of what
other counties do? If some number of member nations agree does
that have any bearing on countries that don't sign? If the ADA is
already in effect in the US does this treaty have a real impact
on the disabled in the US if we sign, or not?
A very good
question deserving a good answer, so I did a search and came up
with these sites: thinkingblue
RatifyNow FAQ
"Before this convention, (treaty) disability was often
regarded as a disease or illness, but now we have realized
that disability is an interaction between a certain condition
and society. Society must help to eliminate disabilities
through accessibility, non-discrimination and protecting and
enforcing the same rights to everyone.“ - Vice chair of
the Ad Hoc Committee
What is a human rights convention?
A convention, or treaty, is a legally binding document
between 2 or more countries. A human rights convention is a
treaty that deals specifically with human rights. The
International convention on the Rights of People with
Disabilities is a “thematic treaty”, meaning that
it defines the human rights of a particular demographic (in
this case, the human rights of people with disabilities).
Is "signing" a convention the same thing as
"ratifying" it?
No. A country that signs the Convention becomes a signatory,
and a country that ratifies the convention becomes a States
Party. Becoming a signatory qualifies the state (nation) to
proceed toward ratification, and establishes an obligation to
refrain from any acts that violate the principles of the
Convention. Becoming a states party (ratifying nation) means
that the country agrees to be legally bound by the treaty. If
a nation both signs and ratifies at the same time, it is said
to "ascend".
What happens if a country decides not to sign or ratify a
convention?
First, a convention must be "adopted," which means
it becomes open for countries to sign. It is then up to each
country to decide whether it chooses to sign or ratify the
convention. Like most conventions, the CRPD requires that at
least 20 countries ratify it before it can "enter into
force." To "enter into force" means a treaty
becomes active, and the ratifying countries are required to
implement it.
Once the Convention becomes international law, the core
concept of equal rights for people with disability will
become the norm. As has occurred with other treaties, this
new recognition of basic human rights will begin to be
incorporated into the national laws of nations which
don’t ratify the Convention. This will benefit people
with disabilities who live in those nations, and may spur
additional nations to opt for ratification in the coming
years as their laws begin to include the rights guaranteed
under the Convention.
We have many other international human rights treaties. Why
aren’t those enough to protect the rights of people with
disabilities, too?
Unfortunately most of the existing human rights treaties
don’t mention people with disabilities. Also, when
governments monitor other treaties to ensure that they are
properly implemented, they often do not report information
about how these treaties affect people with disabilities.
Furthermore, the few older human rights instruments that do
mention people with disabilities do not address their right
to participate fully in society. Over time, the international
disability community came to realize that governments needed
guidance in applying human rights to people with
disabilities.
In the United States, we already have the Americans with
Disabilities Act (ADA). So why do we also need to sign and
ratify the CRPD?
Although the Americans with Disabilities Act (ADA) has been
very important to the daily lives of many Americans with
disabilities, it does not, and cannot, fully cover all the
basic human rights to which people with disabilities are
entitled. The CRPD would supplement the power of the ADA to
ensure that people with disabilities have stronger access to
all the same human rights to which all people are entitled.
Also, if the United States signs and ratifies the CRPD, it
would help send a strong message to other countries that we,
too, support human rights for people with disabilities. This
may help inspire more countries to ratify the CRPD so that
more people with disabilities around the world can enjoy its
protections. MORE HERE:
http://www.ratifynow.org/ratifynow-faq/