What Sorts of Laws? Finding the Gaps

The United Nations Convention on the Rights of Persons with Disabilities entered into force on May 3, 2008. In order to clarify the potential impact of that Convention’s articles, the National Council on Disability (NCD) is pleased to release: Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This independent analysis was commissioned by NCD to help increase understanding of how the CRPD varies from, or is consistent with, U.S. disability laws. We hope that it will prove to be a useful tool as those responsible for determining public policy on possible support or ratification of this treaty grapple with the relative merits of that choice.
The document can be found here .

HTML and PDF formats will be posted shortly over here .

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3 thoughts on “What Sorts of Laws? Finding the Gaps

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  3. What Sort of Law – What Sort of Enforcement?
    A Gregor pointed out, Yesterday (May 12, 2007) a ceremony celebrating the coming into force of the Convention on the Rights of Persons with Disabilities was held at the United Nations. The convention came into force on May 3, 30 days after ratification by the 20th country. Canada and about 125 nations have signed on indicating an “intention to ratify” but actual ratification may take some time and requires consultation between the Federal and Provincial Governments. Th US has not indicated an intention to ratify. However, Canada also ratified the Convention on the Rights of the Child almost 18 years ago, which also has some strong statements about the rights of children with disabilities, and the US has never ratified that Convention. This seems to make Canada the better of two for supporting the rights of people with disabilities. In reality, however, Canada ratified the Convention but has largely ignored its obligations. Canadian Courts do NOT consider rights under the convention in interpreting Canadian Law. Canadian bioethics texts and articles are virtually devoid of any mention of the Convention in spite of the profound implications of the requirements to protect the survival of children with disabilities for issues such as withholding and withdrawing care. In 2004, the International Disability Rights Monitor: Regional Report for the Americas rated 24 Countries on rights of people with disabilities. Canada got first class ratings in some areas, but in Legal Protections, Canada received a second class rating, behind the United States, Costa Rica, Columbia and a 13 other Countries that did better. So, ratification of the new Convention is important, but living up to our obligations under the Convention will be even more important.

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