Embracing Inclusive Approaches for Children and Youth with Special Education Needs: Delivering on the Promise of the UN Convention on the Rights of Persons with Disabilities Deborah A. Ziegler, Ed.D Associate Executive Director for Policy and Advocacy Council for Exceptional Children

Agenda UN Convention on the Rights of Persons with Disabilities Making a Difference How You Can Help Education of Students with Disabilities and CRPD Benefits of Inclusion Examples of Exemplary Students from Around the World Advocacy

United Nations Convention on the Rights of People with Disabilities

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).

How did the UN CRPD come about? Process begun by Mexico Dec 2001 Adopted Dec 2006 Opened for signature 30 March -over 80 signatures + EU Entered into force 3 May 2008

Is “Signing" a Convention the same 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 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.

What if a Country Decides not to Sign or Ratify Continued 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.

What if a Country Decides not to Sign or Ratify Continued 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.

What Rights does the CRPD cover? The right to legal capacity (to make one’s own decisions) The right to liberty   The right to live in the community   The right to respect for physical & mental integrity   The right to freedom from torture, violent exploitation and abuse   The right to healthcare and to free and informed consent in health services   The right to education   The right to vote and to participate in public & cultural life  

What Rights does the CRPD cover? The right to work, and to an adequate standard of living   The right to privacy   The right to habilitation & rehabilitation   The right to receive information in accessible formats   The right to marry and to divorce, and to share equally in child custody   The right to procreate, & the right to obtain contraception   The right to sign contracts, and own and inherit property The right to accessible public transit and public accommodations

What is the Optimal Protocol to the Convention? Addresses two additional procedures to strengthen monitoring & implementation of the Convention: An individual communications procedure An inquiry procedure

How many Countries have Signed or Ratified the CRPD? As of March: 154 signatures to CRPD 90 signatures to Optional Protocol 124 ratifications of CRPD 74 ratifications of Optional Protocol

CRPD Signatories and Ratifications

Ukraine

Has the U.S. Signed and Ratified? President Obama signed on July 30, 2009 The U.S. has not ratified to date

Hearing: July 12, 2012

CRPD: Next Steps Mark Up of the treaty by the Senate Foreign Relations Committee – July 19, 2012 Vote of the Full Senate – December 4, 2012: 61-38 against ratification What can you do? Hill visits – ask your Senator to vote for the U.S. Ratification of the CRPD Go to CEC’s Legislative Action Center and send a letter to your member of Congress.

What will be the Potential Impact of the CRPD? CRPD as tool to address abuses International Disability Rights Movement International Cooperation Agencies & UN Bodies International Law

What will be the Potential Impact of the CRPD? CRPD as tool to address abuses Life-long institutionalization Physical restraints Unexplained deaths Inhumane and degrading treatment Lack of alternatives in the community

What will be the Potential Impact of the CRPD? 2. International Disability Rights Movement Growth, expansion, strengthening of disability rights movement on a global scale Continued cooperation toward implementation of Convention

What will be the Potential Impact of the CRPD? 3. International Cooperation Agencies and UN Bodies Increased funding through international cooperation and foundations Transformative element of UN agency structures: must now incorporate disability (UNICEF, UNDP, etc.) USAID funding must include DPOs All actions and documentation must now comply with the CRPD Increased visibility of rights of PWD

What will be the potential impact of the CRPD? 4. International Law Specific instrument setting forth existing rights in the context of disability Allows for reinterpretation of other international human rights norms Supersedes previous standards Express recognition that rights guaranteed in other core human rights treaties apply to PWD

Can a convention on the rights of people with disabilities really make a difference? Yes. Once completed, the Convention requires participating countries (called “States Parties” for UN treaties) to periodically report to the U.N. on their progress in implementing and enforcing the treaty obligations. Treaties are a powerful tool, and are used by advocacy groups to monitor, highlight, and promote human rights.

Can a convention on the rights of people with disabilities really make a difference? A convention on the human rights of people with disabilities will help increase public awareness of barriers faced by people with disabilities, spur law and policy changes at the national level; provide redress in individual cases of rights violations or abuses; and channel resources into programs that support the rights of people with disabilities.

Can a Convention on the Rights of People with Disabilities really make a Difference? Provide redress in individual cases of rights violations or abuses; and channel resources into programs that support the rights of people with disabilities.

Can a Convention on the Rights of People with Disabilities Really Make a Difference? Integrating disability into the global human rights framework and creating international legal standards will strengthen domestic disability rights movements in individual nations.

Can a Convention on the Rights of People with Disabilities really make a Difference? The CRPD requires nations to recognize that the human rights of people with disabilities deserve the same level of commitment that governments demonstrate toward the rights of people without disabilities and society as a whole.

Does it make Economic Sense for Countries to Adopt the Convention? Yes, for two reasons: First, the United Nations has never allowed nations to enforce human rights only when they can afford to do so. Human rights are guaranteed regardless of cost.

Does it make Economic Sense for Countries to Adopt the Convention? Second, human rights are cost effective. Absent discrimination, children with disabilities become tax-paying employees and entrepreneurs, and they support the economy as consumers.

Does it Make Economic Sense for Countries to Adopt the Convention? Without equal rights, people with disabilities are barred from opportunities, and forced to subsist on government charity and private hand outs.

Inclusion for ALL: The UN Convention on the Rights of Persons With Disabilities

What about the Education of Children? The number of children in school rose significantly in the past decade, from 599 million in 1990 to 681 million in 1998. Since 1990, some 10 million more children go to school every year, which is nearly double the 1980-90 average. The number of out-of-school children decreased from 127 million in 1990 to 115 million in 1998.

What about the education of Children with Disabilities? There are 120-150 million children with disabilities in the world; 80% live in developing countries; Only 5% in developing countries have access to support services of any kind; Less than 2% attend school;

What about the Education of Children with Disabilities? An estimated one-third of the 115 million children not in school have a disability (The World Bank); Disability may be the single most important factor in the exclusion of a child from schooling; For the majority of these children it is a lack of schooling and the structural barriers in society that cause dependency.

What Does CRPD Say about the Education of Children with Disabilities? ARTICLE 7 CHILDREN WITH DISABILITIES The countries will: Make sure that children with disabilities have the same rights as other children. 2. Make sure that what is best for the child is a priority whenever they do anything that concerns children.

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 7 CHILDREN WITH DISABILITIES 3. Make sure that children with disabilities have the right to tell their opinion and that their opinion is taken into account. Make sure that children with disabilities get the help they need to tell their opinions.

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 Education 1. The countries agree that all people with disabilities have the right to education. They will make sure that the education system, at all levels, includes people with disabilities, and that the educational system:

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 EDUCATION a. Works to make sure everyone develops their human potential, sense of dignity and self worth, and respect for human rights, freedoms and diversity; b. Works to develop the person’s personality and talents to their fullest potential; c. Works to make sure all people with disabilities can be involved in society.

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 EDUCATION 2. To do this, the countries will make sure that: a. People with disabilities are not excluded from education because of their disability, and children with disabilities are not excluded from free and compulsory primary and secondary education because of their disability; b. All people with disabilities can choose education that includes them, is accessible and is in their own community;

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 EDUCATION c. Reasonable changes are made to make sure that people with disabilities get the most out of their education; d. People with disabilities get the help they need to get the most out of their education; e. The help for students with disabilities is given so that their individual needs are met.

Kuwait

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 EDUCATION 3. The countries will make it possible for people with disabilities to learn social and life skills that they need to go to schools and be in the community. They will do this by: a. Arranging that students with disabilities learn Braille or other types of communication, and that they get peer support and mentoring; b. Teaching sign language; c. Making sure that especially children who are blind, deaf or deaf/blind are educated in the most appropriate types of communication so that they get the most out of their education.

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 EDUCATION 4. To help make sure that these rights are put into practice, the countries will hire teachers who are people with disabilities, teachers who are qualified in Braille and sign languages, and will train teachers and staff at all levels of education on how to give quality education to people with disabilities.

What Does CRPD Say About the Education of Children with Disabilities? ARTICLE 24 EDUCATION 5. Countries will make sure that people with disabilities have equal access to vocational training, study in universities and lifelong learning like all other people, and will make any changes needed to make that happen.

CEC Approved by the UN as Accredited NGO CEC Attends: United Nation’s Convention on the Rights of Persons with Disabilities Conference of States Parties CEC Approved by the UN as Accredited NGO 12-14 September 2012 UN Enable: http://www.un.org/disabilities/

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