The U.S. Should Sign the U.N. Treaty on Disabilities

By Paul Steven Miller, Henry M. Jackson Professor of Law, and Dick Thornburgh, former governor of Pennsylvania and former U.S. Attorney General 

A treaty that took effect in May could benefit one quarter of humanity: the 650 million people, as well as their families, who live with disabilities. The U.N. International Treaty on the Rights of People with Disabilities is also the first international treaty that guarantees the rights of such people to equality and self-determination.

People with disabilities are the world’s largest minority, yet the United Nations reports that only 45 countries have disability rights laws.

The U.S. hasn't signed the treaty, either, but it should.

The U.S. pioneered rights for people with disabilities when Congress enacted the Americans with Disabilities Act and other disability rights laws in 1990. As former political officials of two different presidential administrations, one Republican and one Democratic, we strongly believe that the U.S. should ratify this treaty. We believe that it is consistent with American law. It incorporates many of the principles in U.S. law, such as full inclusion and the right to reasonable accommodation. Disability rights are and should always be a non-partisan issue.

In far too many nations, people with disabilities lack rights to vote, work, marry, own property, sign contracts or retain custody of their children. Ninety percent of children with disabilities in less developed nations receive no education. In every nation, people with disabilities are the poorest of the poor. The U.S. is no different: 70 percent of people with disabilities who want to work remain unemployed, despite the fact that such people demonstrate better retention rates than workers without disabilities.

The treaty will change these statistics. Since the U.N. opened the treaty for signatures just over a year ago, 24 nations have ratified it. An additional 103 nations have signed the treaty, signaling intent to ratify it soon, and commitment to refrain from contradicting its purpose and object.

The treaty enshrines important principles that Americans hold dear: non-discrimination, equal protection under the law and the right to autonomy and independent living in integrated, community settings.

The U.S. pioneered rights for people with disabilities when Congress enacted the Americans with Disabilities Act and other disability rights laws in 1990. As former political officials of two different presidential administrations, one Republican and one Democratic, we strongly believe that the U.S. should ratify this treaty. We believe that it is consistent with American law. It incorporates many of the principles in U.S. law, such as full inclusion and the right to reasonable accommodation. Disability rights are and should always be a non-partisan issue.

The U.S. reluctance to sign this treaty has been painful and puzzling to us. The treaty provides important protections, beyond the specific protections of the American law, which level the playing field for people with disabilities. And we should not be so proud as to think we cannot learn from other countries about even better opportunities for people with disabilities.

We know that our society is richer, and that everyone benefits from including people with disabilities in schools, housing, workplaces, voting booths, houses of worship, public accommodations and every other sphere of life.

Countries that ratify the Convention agree to set up independent monitoring bodies to track treaty compliance, which would help us identify reforms we need to get more Americans with disabilities into the workplace, and to dismantle barriers to independent living in integrated and accessible housing.

Ratification would also help the U.S. stop disability discrimination around the world, thus helping us reclaim our role as champions of human rights. It would help the U.S. focus world attention on those whose rights have been ignored far too long.