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Action Alert
US Human Rights Consultations: Disability Perspectives
How You Can Help
Dear Friends,
The United Nations Human Rights Council is examining US compliance with its human rights obligations by conducting a series of consultations between the US State Department and other federal agencies and human rights and community-based groups.
What is it?
Taking place for the first time in the US, this process is called the Universal Periodic Review (UPR), and it assesses the human rights compliance of every UN member state. The consultation enables community organizations and advocates to participate in an exchange with Obama Administration officials and to make recommendations regarding the US human rights record. Here are some basic facts about the process. Consultations are taking place in many US cities.
DREDF encourages the disability community to become involved in this process so that the voices of people with disabilities are heard.
Where is it?
Upcoming consultations are taking place in Detroit/Dearborn (April 7 at Wayne State Law School); Chicago (April 13-14 at John Marshall Law School); Birmingham (April 22 – 23 at Miles College); and Washington, DC (April 29, hosted by the Federalist Society at a location not yet determined at press time).How Can I Participate?
If you cannot attend in person, the US Department of State is accepting feedback and comments from individuals until June 15, 2010. You can send questions, comments, and concerns to upr_info@state.gov. For more information, contact Laura Baum with the US Human Rights Network at upr_info@state.gov. Additional information on how to participate in the UPR process can be found at the US Human Rights Network and the US State Department. Organizations may also submit a five-page report directly to the UN at uprsubmissions@ohchr.org before April 19, 2010.What Rights Does the UPR Examine?
The UPR looks at the legally binding obligations set forth in the UN Charter; the Universal Declaration of Human Rights; other human rights treaties applicable to the US; pledges and commitments made by the US; and any other applicable international humanitarian laws. See the FAQ.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
International Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Prevention and Punishment of the Crime of Genocide
Optional Protocol on the Involvement of Children in Armed Conflict
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
The last two Optional Protocols refer to the Convention on the Rights of the Child.
What Happened at the Bay Area Consultation?
On March 25 and 26, 2010, sessions took place in Berkeley and San Francisco. A broad group of Bay Area rights organizations testified before representatives from the US Department of State and other federal agencies on human rights protections with respect to racial discrimination; criminal justice, death penalty, and prison conditions; economic justice and equity; health and education; LGBT rights; disability rights (a session DREDF organized); and environmental justice. Striking overlap existed between these topic areas, as again and again speakers made clear that human rights intersect all these categories.Speakers in the disability session included Connie de la Vega, Professor of Law and Director, Frank C. Newman International Human Rights Law Clinic, USF: Moderator; Mary Lou Breslin, Senior Policy Advisor, DREDF: Health Care; Kim Swain, Managing Attorney, Disability Rights California: Deinstitutionalization and School Issues; and Claudia Center, Attorney, Director, Disability Rights Program, Legal Aid Society - Employment Law Center: Employment. In addition, many audience members spoke on issues related to Deaf education; employer training; accountability; invisible and psychosocial disabilities; and accessible, affordable housing.
Key Disability Rights Recommendations from the San Francisco Consultation
Ratify the UN Convention on the Rights of Persons with Disabilities (the US has signed but not ratified the Convention)
Pass and implement the Community Choice Act
Implement the Community Choice Option in the health reform legislation
Strive for a paradigm shift so that community services are not considered “optional” and are not the first to face budget cuts
Step up ADA and Section 504 monitoring and enforcement for health care facilities and services, and increase compliance reviews
Amend the Minority Health and Health Disparities Research and Education Act to recognize disability as a bona fide demographic for purposes of health and health care disparities research funding
Increase funding and oversight of employer compliance with federal anti-discrimination laws by the US Equal Employment Opportunity Commission (EEOC)
Increase and improve community-based services, including accessible and affordable housing, personal assistance services, assistive technology, access to community-based medical care and care coordination, and advocacy
© 2010
Resources
- Summary of human rights treaties
- UN Convention on the Rights of Persons with Disabilities
- Ratify Now
- UN Enable
- Cornell Institute on Disability Statistics
- Disability Statistics Center, UCSF
- Directory of International Disability Rights Laws
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