A Short History of the Convention on the Rights of People With Disabilities

On the 13th of December, 2006, the UN adopted the text of the Convention on the Rights of People with Disabilities, an international human rights treaty to protect the rights and dignity of persons with disabilities. On March 30th, 2007 the Convention and Optional Protocol opened for signatures at the UN Headquarters in New York, with a record number 82 opening signatories. It came into force on May 3rd, 2008, after it had been ratified by 20 member states. As of this writing, the CRPD has 164 signatories amongst 193 parties, meaning much of the world has pledged to abide by the CRPD, with a few notable exceptions.

Prior to the CRPD, the model of treatment of people with disabilities for many nations was what was known as the “medical” model- physiotherapy and rehab, and segregated services such as “special” education, if such services were offered at all. Forced institutionalization was common. The CRPD aimed to promote the “social” or “human rights” model- rights that aimed to uplift and integrate people with disabilities through non-discrimination and respect for the dignity and autonomy of people with disabilities. 

The CRPD was not the first treaty regarding people with disabilities passed by the UN. The UN adopted the 1971 Declaration on the Rights of Mentally Retarded Persons followed by the Declaration on the Rights of Disabled Persons on December 9th, 1975. These declarations were not binding rules, but rather a framework for future laws. What made the CRPD different from these previous treaties was not just the rights it provided, but how it came to be. The CRPD was developed by people with disabilities, for people with disabilities, embodying the rallying cry of “nothing about us without us”. 

The treaty has 50 articles, mostly focused on the rights of people with disabilities and the obligations of ratifying states. Article 3 of the convention shares the convention’s 8 guiding principles: 

1. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons
2. Non-discrimination
3. Full and effective participation and inclusion in society
4. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
5. Equality of opportunity
6. Accessibility
7. Equality between men and women
8. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

Articles following this go into specific rights and responsibilities, then explains the role of the Committee on the Rights of Persons with Disabilities, a body of 18 human rights experts who monitor implementation of the convention. They meet twice a year to discuss reports made by member states. Member states must submit a report two years after ratifying the convention, with follow-up reports every 4 years. An optional protocol can also be signed by member states, allowing those states to recognise the competence of the Committee to consider complaints from individuals. 

The US is one of few countries that has NOT ratified the CRPD, despite being viewed as having relatively good social and legal protections for people with disabilities. The CRPD was partially inspired by the Americans With Disabilities Act of 1990, another pioneering legislation. Barack Obama became a signatory of the CRPD during his first term as president, but the senate failed to ratify the treaty. It has not been brought forth for a vote since.