Embracing Inclusive Approaches for Children and Youth with Special Education Needs: Delivering on the Promise of the UN Convention on the Rights of Persons

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 DisabilitiesDeborah A. Ziegler, Ed.D

Associate Executive Director for Policy and AdvocacyCouncil for Exceptional Children

Agenda

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• 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

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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).

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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

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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".

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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.

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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.

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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.

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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

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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

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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

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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

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Ukraine

Has the U.S. Signed and Ratified?

• President Obama signed on July 30, 2009

• The U.S. has not ratified to date16

Hearing: July 12, 2012

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CRPD: Next Steps

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• 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.

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What will be the Potential Impact of the CRPD? 1. CRPD as tool to address abuses

2. International Disability Rights Movement

3. International Cooperation Agencies & UN Bodies

4. International Law

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What will be the Potential Impact of the CRPD?

1. CRPD as tool to address abuses• Life-long institutionalization• Physical restraints• Unexplained deaths• Inhumane and degrading treatment• Lack of alternatives in the community

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2. International Disability Rights Movement

• Growth, expansion, strengthening of disability rights movement on a global scale

• Continued cooperation toward implementation of Convention

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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

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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

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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.

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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.

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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.

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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.

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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.

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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

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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;

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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.

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What Does CRPD Say about the Education of Children with Disabilities?

ARTICLE 7

CHILDREN WITH DISABILITIES

The countries will:

1. 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.

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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.

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ARTICLE 24

Education1. 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:

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ARTICLE 24EDUCATION

• 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.

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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;


ARTICLE 24

EDUCATIONc. 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.

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Kuwait 42

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ARTICLE 24EDUCATION

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.

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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.

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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 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 2012UN Enable: http://www.un.org/disabilities/

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http://www.un.org/disabilities/

“OK, you’ve convinced me. Now go out there and bring pressure on me.”

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“A small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.”

~Margaret Mead

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Documents

Embracing Inclusive Approaches for Children and Youth with Special Education Needs: Delivering on the Promise of the UN Convention on the Rights of Persons