1. 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

2. 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

3. United Nations Convention on the Rights of People with Disabilities

4. 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).

5. 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

6. 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".

7. 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.

8. 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.

9. 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.

10. 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  

11. 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

12. 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

13. 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

14. CRPD Signatories and Ratifications

15. Ukraine

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

17. Hearing: July 12, 2012

18. 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: 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.

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

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

33. 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 average.
The number of out-of-school children decreased from 127 million in 1990 to 115 million in 1998.

34. What about the education of Children with Disabilities?
There are 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;

35. 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.

36. 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.

37. 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.

38. 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:

39. 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.

40. 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;

41. 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.

42. Kuwait

43. 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.

44. 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.

45. 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.

46. 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:

47. “OK, you’ve convinced me. Now go out there and bring pressure on me.”
© Council for Exceptional Children (CEC)

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