The First Step Toward U.S. Ratification of the CRPD
Author: Thomas C. Weiss
Published: 28 Jul 2011 - Updated: 11 Sep 2026
Publication Type: Opinion Piece, Editorial
Table of Contents:
Synopsis - Definition - Overview - FAQs - Insights, Updates - Related Content
Synopsis
This information explains the Convention on the Rights of Persons with Disabilities (CRPD) and traces the United States toward possible ratification, beginning with the nation's signing of the treaty on July 30, 2009. The CRPD, adopted by the United Nations in 2006 and opened for signature in 2007, is the first international treaty to address disability rights on a global scale, and rather than creating new rights it clarifies the obligations nations carry to protect, promote, and ensure the rights people with disabilities already hold. The piece matters to people with disabilities, seniors, families, and advocates because it lays out the practical stakes of ratification in accessible terms, noting that a two-thirds Senate vote would be required, that the treaty contains thirty-three substantive articles built around principles such as accessibility, non-discrimination, and equal opportunity, and that ratifying would give the United States a seat on the Committee on the Rights of Persons with Disabilities. Written by a longtime disability researcher and editor with graduate-level study in Disability Studies and hands-on caregiving experience, the article draws a clear line between the Americans with Disabilities Act and the international framework of the CRPD, making it a useful reference for anyone trying to understand how domestic law and a global treaty fit together.*
At a Glance
- 1 - The CRPD is the first human rights convention of the 21st century. It is also the first international treaty to address disability rights on a global scale.
- 2 - The United States signed the CRPD on July 30, 2009, joining more than 140 nations that had already signed. At the time of writing, 103 nations had ratified it, though the United States had not.
- 3 - The treaty contains thirty-three substantive articles detailing how disability rights should be interpreted and applied to prevent discrimination. It uses a flexible, broad approach that allows for the legal particularities of the United States to be considered.
- 4 - Ratification by the United States requires a Resolution of Ratification passed by a two-thirds super-majority in the Senate. Ratifying would also allow the United States to hold a seat on the Committee on the Rights of Persons with Disabilities and help guide disability law in other nations.
Topic Definition
- Convention on the Rights of Persons With Disabilities
The Convention on the Rights of Persons with Disabilities, commonly shortened to the CRPD, is an international human rights treaty adopted by the United Nations in 2006 and opened for signature in 2007. Rather than inventing brand-new rights, it takes the rights everyone already holds and spells out, in clear terms, what nations must do to protect, promote, and guarantee them for people with disabilities. Its general principles cover ideas such as accessibility, non-discrimination, equal opportunity, respect for individual autonomy, and full participation in society, treating disability as a natural part of human diversity. Signing the treaty commits a country not to act against its purpose, but a nation is only bound to carry out its specific obligations once it formally ratifies, which in the United States would require a two-thirds vote of the Senate.
Overview
The CRPD is the first human rights convention of the 21st century, as well as the first international treaty that addresses disability rights on a global scale. The convention does not establish new human rights; instead it presents greater clarity of the obligations on nations to protect, promote, as well as ensure the rights of persons with disabilities. For example; Article 3 of the Convention presents General Principles that apply to the rights of persons with disabilities, such as:
- Accessibility.
- Non-discrimination.
- Equality of opportunity.
- Equality between men and women.
- Full and effective participation and inclusion in society.
- Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity.
- Respect for inherent dignity, individual autonomy, including the freedom to make one's own choices, and independence of persons.
- Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
Key nations; who are also allies of the United States, have already ratified the CRPD. These nations include Canada, Australia, Mexico, South Korea, New Zealand, and a number of the nations in Europe.
America already has the Americans with Disabilities Act; why should it ratify the CRPD?
The Principles of the CRPD, in a similar way to the Americans with Disabilities Act and the Individuals with Disabilities Education Act (IDEA), involve nondiscrimination in politics, access to justice, equal treatment, employment, rehabilitations, and education. The CRPD desires to ensure that persons with disabilities around the world receive the same rights as everyone else, making sure they have the opportunity to live full, productive, and satisfying lives. Through this effort, the CRPD establishes an international monitoring body referred to as the, 'Committee on the Rights of Persons with Disabilities. The Committee makes recommendations regarding ways to best implement the treaty's principles and vision. America needs to ratify the CRPD if it is to have a seat on the Committee and have the opportunity to guide other nations in the development of disability laws which may achieve success.
The Goals of the CRPD
The Convention on the Rights of Persons with Disabilities (CRPD) desires to ensure that people around the world who experience forms of disabilities are provided with the same rights as non-disabled persons. The CRPD wants to make sure persons with disabilities live full, productive, and satisfying lives. America, through the ADA, has made progress towards the goals of inclusion, full participation, equal opportunity, economic self-sufficiency, and independent living for people with disabilities. The CRPD desires to use the principles of non-discrimination in politics and access to justice, equal treatment, employment, rehabilitation and education to enhance the lives of persons with disabilities. The signing of the CRPD by the United States of America is a first step that demonstrates this nation's global leadership in regards to the advancement of disability rights.
What is the Status of the CRPD in America?
Now that America has signed the treaty, the Administration is conducting an inter-agency review process. The process is one designed to prepare a CRPD transmission package for consideration by the Senate. The Administration's review includes an assessment of whether existing United States law is consistent with the requirements within the Convention on the Rights of Persons with Disabilities (CRPD). America already has strong and established support for the rights of people with disabilities through the Americans with Disabilities Act (ADA), as well as the amendments to it.
After the Administration has completed its review, it will transmit the CRPD package to the Senate for consideration. Ratification of the CRPD by the United States requires a, 'Resolution of Ratification,' that can be achieved by two-thirds support in the Senate.
America Signed the CRPD on July 30th, 2009
President Obama and his staff need to prepare a treaty transmission package and send it to the Senate. In the United States Congress, it is the Senate's responsibility to ratify treaties. In order for a treaty to be ratified by the United States Senate, a super-majority vote or two-thirds of the Senate's approval is required. If the treaty passes, the CRPD is then returned to President Obama for his signature. Once the ratification process has been completed, the treaty, 'enters into force,' which means the treaty then becomes the law of the land.
If the CRPD is Ratified, What Then?
Should the CRPD achieve ratification and enter into force, the United States would be required to implement all of its provisions. The CRPD does not create new rights; instead it seeks to strengthen the rights people with disabilities already have, as well as principles. The CRPD contains thirty-three provisions or substantive articles that detail how disability rights should be both interpreted and applied in order to prevent discrimination. The CRPD also adopts a flexible and broad approach which allows for the legal particularities of America to be taken into consideration.
A Short Background of the CRPD
The United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) in the year 2006. The CRPD was officially opened for nations to sign on March 30th of 2007; it is now 2011. The Convention, 'entered into force,' meant it became law for nations that ratified it on May 3rd, 2008. America signed the CRPD on July 30th, 2009 - joining more than one-hundred and forty other nations that had already signed the treaty. Signing of the treaty creates the obligation to not violate the object and purpose of it, yet State Parties are not bound to uphold the specific obligations of the CRPD until they ratify it. One-hundred and three nations have ratified the Convention on the Rights of Persons with Disabilities - yet at this time America has not. It is this writer's greatest hope that America ratifies the CRPD as quickly as possible.
Frequently Asked Questions
NOTE: Researched FAQs by Disabled World (DW)
What is the difference between signing and ratifying a treaty
Signing a treaty signals a country agreement with its purpose and a commitment not to act against it, while ratifying makes the treaty legally binding and obligates the country to carry out its specific provisions.
Has the United States ratified the CRPD
As of the writing of this article the United States had signed the CRPD in 2009 but had not ratified it, and ratification requires approval by a two-thirds vote in the Senate.
What is the Committee on the Rights of Persons with Disabilities
It is the international monitoring body established by the CRPD that reviews how nations implement the treaty and makes recommendations on how best to apply its principles and vision.
How is the CRPD different from the Americans with Disabilities Act
The Americans with Disabilities Act is a domestic United States civil rights law, while the CRPD is an international treaty that sets shared standards for protecting disability rights across many nations.
When did the CRPD enter into force internationally
The CRPD entered into force and became law for the nations that had ratified it on May 3, 2008, after enough countries completed their ratification.
Why does ratification of a treaty require a two-thirds Senate vote
The United States Constitution gives the Senate the power to approve treaties and requires a two-thirds super-majority, a high threshold meant to ensure broad agreement before a treaty becomes binding.
What obligations does signing the CRPD create for a country
Signing creates an obligation not to take actions that would defeat the object and purpose of the treaty, but it does not require the country to fully implement its provisions until ratification.
Which allies of the United States have ratified the CRPD
Nations that are allies of the United States and had ratified the CRPD include Canada, Australia, Mexico, South Korea, New Zealand, and several countries in Europe.
Insights, Analysis, and Developments
Editorial Note: The distance between signing a treaty and living under its full weight can be easy to overlook, yet that gap is exactly where the future of the CRPD in the United States has rested for years, since a signature commits a nation only to respect the treaty's purpose while ratification binds it to carry out each provision. For the largest minority in the country, that distinction is not a technicality but a measure of whether promises of accessibility, equal treatment, and independent living are backed by enforceable commitment, and it also shapes how much influence the United States can bring to the development of disability law abroad. Readers weighing this history should keep in mind that treaty status can shift over time, so anyone acting on the subject today is wise to confirm the current position of the Senate and the standing of the Convention before drawing firm conclusions.*
Author Credentials: Thomas C. Weiss is a researcher and editor for Disabled World. Thomas attended college and university courses earning a Masters, Bachelors and two Associate degrees, as well as pursing Disability Studies. As a CNA Thomas has providing care for people with all forms of disabilities. Explore Thomas' complete biography for comprehensive insights into his background, expertise, and accomplishments.
* Editorial additions by Ian C. Langtree.