07 May Here Comes the U.N. Convention on the Rights of Persons with Disabilities
07.05.08
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Now that was fast. The U.N. Convention on the Rights of Persons with Disabilities was opened for signatures in March 2007. And it entered into force on May 3, 2008, barely a year later. Celebrations will be held on May 12, 2008 from 1:15 to 3:15 p.m. at the General Assembly Hall.
Conspicuously absent from the list of signatories is the U.S. I have to admit I know next to nothing about this treaty, so I am unaware of the U.S. objection to the treaty, if indeed, the U.S. objects at all. It could be that the wheels of treaty making in the Executive Branch are grinding slowly on this one. If anyone has more info on the treaty and the U.S. position on it, I welcome their additions to the comments.
Here is some snippets from the press release put out by DOS in regards to concerns:
“United States understands that the phrase “reproductive health” in Article 25(a) of the draft Convention does not include abortion, and its use in that Article does not create any abortion rights, and cannot be interpreted to constitute support, endorsement, or promotion of abortion.”
“concerned that the reference in this human rights convention to armed conflict and foreign occupation, which are governed by international humanitarian law and not human rights law, would create unnecessary legal confusion and thus potentially undermine the extensive protections already available under international humanitarian law to protected persons in those situations.”
A clear position does not seem to come out in the press statement, but this statement makes me skeptical the US will join, “The United States believes that the most effective way for states to improve the real world situation of persons with disabilities from a legal perspective is to strengthen their domestic legal frameworks related to non-discrimination and equality.”
Regaring point number three, perhaps the US doesn’t realize that the purpose of treaty law is to encourage states to do precisely that.
I briefly participated in one of the treaty negotiation conferences at the UN in 2006/2007 as an NGO delegate, and I can say that like many other recent treaty efforts (ICC, small arms, landmines, etc.), there still exists an active and vibrant NGO community in the US on this issue despite the official cold shoulder from Washington.