[Home-on-the-range] disability treaty

Timothy Hornik timothy.hornik at gmail.com
Fri Aug 8 15:25:22 UTC 2014


Greetings,

As person following the progress of the CRPD through NCIL and numerous VSO’s, ratifying this treaty is very important. Senator Dole’s leadership guides the advocacy efforts for the CRPD since its inception. 

http://www.advocacymonitor.com/ncil-statement-on-senate-rejection-of-the-convention-on-the-rights-of-persons-with-disabilities/
http://www.moaa.org/MOAAintheNews/


The CRPD stands to create equal access for physical to electronic mediums, much like Section 504 and 508 as well as the ADA does at varying levels in the US. Differently, these standards will apply globally to all those that have ratified the treaty.

For those interested in technology, review Section 4 paragraphs F through I on the treaty. This directly targets digital and electronic mediums. The G3ICT is a non-profit entity based here in the US who leads the charge for this equal access. Having attended one of their international tech conferences, I can attest to the number of international developers and programmers who are signed on as well as our own Microsoft, Adobe, Apple, IBM, and numerous others.

http://g3ict.com

What is hard for many to figure out is how will an international treaty impact those who will not travel abroad?

Simple answer is what I eluded to above with technology. Here in the US, many of us have the means or resources to obtain various forms of assistive technology like screen readers and iOS devices. Well, in many other countries, Android is the platform they must rely on due to cost. Having talked to some developers and tested Android interfaces for the blind, I hope these individuals have the chance to enter into the US market. Many offer a much easier interface for those first time smart phone users.

Here in Kansas, there is a very slim chance we might see our two Senators voting in favor of this measure. In fact, very recently Senator Moran spoke to a Veterans group against the CRPD. Senator Moran’s views align with very conservative national and international policies. As such, this stand point strongly opposes the CRPD as it may threaten US sovereignty for managing its own disability policies.

This belief is not substantiated. In June of this year, the US Supreme Court stated that international treaties do not supersede our own Constitution or laws. This ruling came down after a previously ratified international treaty potentially counteracted some US policies. Here is the link:

http://blogs.findlaw.com/decided/2014/06/supreme-court-chemical-weapons-treaty-cant-be-used-in-assault-case.html

While this case involves criminal actions and not anything related to disability policies, the Supreme Court clearly spells out how state and domestic policies and laws come before international treaties. This allows for a balance between States and international codes.

For numerous other myths that has been spread about the CRPD, please review this link:

http://67.199.83.28/doc/CRPD%20MythsFacts%202013.pdf

Ultimately, its my personal opinion that the US must ratify the Convention for the Rights of Persons with Disabilities. The US created the first set of measures that started the discuss of disabilities rights, and its about time we taie the next step. Its been my personal experiences that the US has started to lag behind with regards to access to all individuals with disabilities. Our communities are not built to be inclusive, many codes that were designed to help those with disabilities have been implemented in manners that help no one, and more and more might one witness inclusive design left behind to save money. 

The main success story I predict by ratifying the CRPD is that our elected officials, industry leaders, disability advocates, consumers, and the US population will start talking true inclusive design again. Right now camps have been developed that hinder this process, as it prevents open and honest sharing of information. I wish for the CRPD to reopen truthful conversations, while bringing in the International Community to share their best practices.

Thank you for your assistance,
Timothy Hornik
Phone: (785) 330-3503
Email: timothy.hornik at gmail.com
LinkedIn: http://www.linkedin.com/pub/timothy-hornik-lmsw/41/78b/304

Questions about blindness, visit my website at:
http://BlindNotAlone.com

On Aug 8, 2014, at 8:42, Cindy Ray via Home-on-the-range <home-on-the-range at nfbnet.org> wrote:

> I am not sure how much anyone remembers about this treaty. I can’t remember where the United Nations Convention on the Right of Persons with Disabilities met, but we had a representative in Fred Schroeder, and it was held in 2013. Now it is important that for this country to be a part of the effort, our Congress needs to ratify it. The NFB hasn’t sent out an alert so far, but I am going to send the preamble below. It’s long, so sorry. I  have never read the whole thing, but maybe I ought to. I was struck by the fact that Harkin is involved here and we don’t know about it in this state. Anyway, here is the preamble, and it gives you all an idea of what they are doing.
> 
> Cindy
> Sorry that each letter of the preamble shows up on each of its subsequent lines, but I am not going to edit them out. 
> 
> Preamble
> 
> The States Parties to the present Convention,
> 
> Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,
> Recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,
> Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination,
> Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
> Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,
> Recognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities,
> Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,
> Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person,
> Recognizing further the diversity of persons with disabilities,
> Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support,
> Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world,
> Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,
> Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,
> Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,
> Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them,
> Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status,
> Recognizing that women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
> Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,
> Emphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,
> Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities,
> Bearing in mind that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,
> Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,
> Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights,
> Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities,
> Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,
> Have agreed as follows:
> 
> 
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