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Ecuador, the 20th Country, Ratifies the CRPD! … Now What?
By Andrea Shettle, MSW | April 3, 2008
Ecuador became the 20th country to ratify the international disability rights treaty, known as the Convention on the Rights of Persons with Disabilities (CRPD) earlier today, April 3, 2008. A minimum of 20 ratifying countries were needed before the CRPD could go into full legal effect. Accordingly, the CRPD, and the accompanying Optional Protocol, will enter into force in 30 days.
The United Nations and the International Disability Alliance will celebrate in New York City on May 12, 2008. On the same day, RatifyNow will have a linked Congressional/Press briefing in Washington, DC, to launch the US ratification campaign. Come back soon to the RatifyNow.org web site for further details.
A Historic Moment
The CRPD is the first legally-binding, international human rights instrument to protect the rights of people with disabilities. Several other human rights treaties already exist—the oldest and most widely known being the Universal Declaration of Human Rights. But most do not specifically mention people with disabilities. The few that do fail to acknowledge the rights of people with disabilities to participate fully in society.
A few examples of the rights covered in the CRPD include: the right to liberty; the right to an education; the right to vote and participate in public and cultural life; and the right to receive information in accessible formats; and more.
And now the CRPD is about to enter into force. What, exactly, does that mean for 650 million people with disabilities around the world, their families, and society at wide?
Now What?
No, it does not mean that all countries will be obliged to obey the treaty. Only ratifying countries will need to obey. These include Bangladesh, Croatia, Cuba, El Salvador, Gabon, Guinea, Hungary, India, Jamaica, Jordan, Mexico, Namibia, Nicaragua, Panama, Peru, San Marino, South Africa, Spain, Tunisia—and now, Ecuador.
A total of 126 countries have signed the CRPD. A country that has signed the treaty without ratifying it is not yet required to implement it. However, signing the CRPD does signal interest in ratifying it at some point in the future. It also obliges the country to be careful not to do anything that would directly violate the intent and spirit of the CRPD.
How Do We Persuade More Countries to Ratify?
Many of the 20 countries that ratified the CRPD did so in good part because a strong grassroots advocacy movement within each of these countries pressured their governments to do so. Many of these campaigns were led by people with disabilities themselves, coordinated with service providers, general human rights and civil rights advocates, families of people with disabilities, and other allies.
Similar grassroots movements are underway in other countries around the world. Perhaps your local or national disability advocacy organization is already familiar with the CRPD ratification movement in your country. If not, perhaps you can help persuade them to become involved. Let them know you are interested in helping them mobilize support for the CRPD.
How Do We Ensure that the CRPD is Implemented?
The CRPD is meant to transform the lives of people with disabilities by making it easier for them to access health services, obtain jobs, participate in the democratic process, and participate in family and community life. But this will not happen unless countries not only ratify but also implement the CRPD.
First, this means that each ratifying country must closely examine all of its legislation to ensure that it is consistent with the CRPD. In some cases, this may mean a country needs to abolish old laws that are violating the human rights of people with disabilities. It also may mean that a country needs to pass new legislation to protect rights not already covered in existing laws.
Second, this means that each ratifying country must adequately enforce its disability rights laws. Laws may need better “teeth”—in other words, individuals, companies, or organizations that violate disability rights laws may need to be penalized. Businesses, agencies, and other entities may need to examine their existing policies and procedures to ensure that they are consistent with any new or modified laws.
Third, the public needs to be made aware of these laws. People with disabilities need to know about their own rights so they can become more effective advocates for themselves. And other individuals need to understand these rights–both so they can be better allies to people with disabilities and so they can behave more consistently with these laws.
Article 8 in the CRPD, in fact, would oblige ratifying countries to raise public awareness of people with disabilities and their human rights generally. These awareness campaigns could also incorporate education about local and national level legislation affecting people with disabilities.
What about the Optional Protocol?
The Optional Protocol is linked to the CRPD but separate from it. The Optional Protocol allows residents in ratifying nations to bring complaints about treaty violations to the United Nations after they have exhausted all legal remedies in their own nation. The Optional Protocol requires only 10 ratifying nations—and now has 13. That means it will become legally binding at the same time the CRPD does.
How Can I Get Involved?
A few ideas to consider:
- People are in a better position to defend their own rights if they are first aware of what their rights are. Allies, too, are in a better position to speak out for disability rights if they are better informed.
Educate yourself further about the CRPD. Start with the RatifyNow FAQ. Then browse some more resources that can help you learn about the CRPD and the process for ratifying, monitoring, and implementing the treaty. Share what you learn with people you know—whether or not they have disabilities.
- If your country has ratified the treaty, then you may wish to educate yourself about the monitoring and implementation process. Read the Disabled People International implementation toolkit, available in English, Spanish, or French at http://www.icrpd.net/.
Or, if your country has not yet ratified the treaty, then read the Disabled People International ratification toolkit, also at http://www.icrpd.net/.
- Explore the RatifyNow.org web site for our growing collection of toolkits and resources targeted at people involved in the ratification and implementation movements. Don’t forget to check both the left-hand and right-hand navigation bars on our web site, and scroll down the page.
And keep coming back. We anticipate adding many more materials or relevant links in the coming months. In the works: toolkits on reaching out to the media; how to lobby government officials; how to build broad-based coalitions to fight for ratifications; stories about the ratification movements in other nations so we can exchange “best practices” and learn from each other.
- Do YOU have a story to share about YOUR ratification campaign? If you are in a nation that has already ratified the CRPD, please share the details of how you succeeded. What strategies do you think were the most helpful in your country? Or if you are still fighting for ratification right now then what action has your organization taken? Please share your stories by sending an email to RatifyNow@gmail.com.
- If you’re in the United States, then consider joining the local initiatives project. Ordinary citizens across the country are asking their local county governments to pass resolutions endorsing the CRPD. The idea is to build up awareness and support at the local level to make it easier to persuade the US government to sign and ratify the CRPD. The process may be easier and less time-consuming than you think.
- No matter what country you are in, you may wish to consider RatifyNow listserv, or both. Both are free.
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