UN Convention on the Rights of People With Disabilities

Author: Thomas C. Weiss
Published: 23 Jul 2009 - Updated: 11 Sep 2026
Publication Type: Opinion Piece, Editorial

Table of Contents:
Synopsis - Definition - Overview - FAQs - Insights, Updates - Related Content

Synopsis

This report offers an editorial commentary on the United Nations Convention on the Rights of People with Disabilities, written as the treaty was set to be signed in the United States on July 24th, 2009. It affects people with disabilities across every country that agrees to the treaty, along with the governments, employers, health workers and social agencies responsible for meeting its terms. The commentary matters because it connects the convention's plain-language articles to real conditions in America, where the author notes that unemployment among people with disabilities sat well above sixty percent and that many people were pushed into institutions simply to receive care. Drawing directly on the convention's own wording, it explains how signatory nations promise to end discrimination, guarantee the right to life and liberty, protect people during war and natural disasters, and provide community-based health care and fair, accessible employment. The piece is useful because it interprets a lengthy legal document through the lens of the Social Model of Disability and lived experience, giving seniors, disabled readers and advocates a grounded understanding of the rights the treaty sets out to secure.*

At a Glance

• 1 - Article 10 affirms that all people with disabilities have the right to life. Signatory countries agree to take action so this right can be used.
• 2 - The convention frames disability as created by environments and attitudes rather than impairment alone. This reflects the shift from a medical model to a social model of disability.
• 3 - The treaty requires nations to protect people with disabilities during war, natural catastrophes and other emergencies. The author links this directly to failures exposed by Hurricane Katrina.
• 4 - Signatory countries must change or repeal existing laws that discriminate and adopt new ones that do not. They also agree to stop individuals, organizations and businesses from discriminating on the basis of disability.

Topic Definition

Convention on the Rights of People With Disabilities

The Convention on the Rights of People with Disabilities is an international human rights treaty adopted by the United Nations to guarantee that people with disabilities enjoy the same rights and fundamental freedoms as everyone else. Rather than treating disability as a purely medical condition, it recognizes that barriers in the environment, in attitudes, in language and in law are what prevent full participation in society. Countries that agree to the treaty commit to putting its principles into national law and practice, ending discrimination, and protecting rights across areas such as work, health care, liberty, and safety during emergencies. In doing so, the convention sets a shared global standard for dignity, equality, inclusion, and the freedom of people with disabilities to make their own decisions.

Overview

President Barrack Hussein Obama is set to sign the Convention on the Rights of People with Disabilities on July 24th, 2009.

The founding documents that the United Nations has produced state:

"We are all equal and we are all members of the human family which is important for freedom, fairness and peace in the world. We are all equal and all of us have human rights. We agree that people with disabilities must enjoy all human rights and fundamental freedoms and they must not be discriminated against. We understand that disability is something that changes all the time and it is the environment and people's attitudes that create disability."

There are many greatly important ramifications contained in this convention; I have only begun to understand them. When I first began to read this lengthy document, the first thought that crossed my mind was, 'Finally! We will finally gain the recognition and rights that we deserve in America!" As I continued to read through the convention, I was stunned at the clarity and thought that has gone into the production of this convention. The points covered in it are incredibly valid, giving people with disabilities the very respect, honor, and place in societies they deserve.

For example; the following statement in the convention approaches the very heart of discontent among people with disabilities in any number of societies:

"It is very important to make sure that the situation of people with disabilities is always equally taken into consideration when governments and international organizations make plans about a country's growth, for example, about how to get people out of poverty, or get them jobs."

There have been and continue to be vast numbers of people with disabilities living in America on the streets; homeless, simply because the Social Security Administration and additional social supports just are not providing the necessary levels of assistance they need. The unemployment rate among people with disabilities in America makes the current ten-percent rate nation-wide look very, very pleasant. The unemployment rate among people with disabilities in America is well above sixty-percent, something that is completely unacceptable, and largely due to prejudices on the part of employers, in my opinion. The convention goes on to say:

"We understand that people with disabilities help make countries better if they are fully included and their rights enjoyed. We understand that it is very important that people with disabilities are free to make their own decisions."

While other groups of people in American society have enjoyed levels of recognition they have previously been denied in the past, people with disabilities have continued to experience immense levels of social denial. We continue to experience a lack of inclusion that is unjustifiable. Non-disabled persons in society, organizations, medical personnel, social workers, and others continue to make decisions for people with disabilities instead of the people making decisions for themselves. Levels of social oppression against people with disabilities continue, even in the year 2009; to the point where disability is still viewed from a medical perspective instead of a social model.

The purpose of the Convention on the Rights of People with Disabilities is defined within the convention itself. The convention states: "The reason why this Agreement is made is to make sure that the countries that agree to this Agreement (called "countries" in this document) will make sure that:

All human rights and freedoms of all people with disabilities are enjoyed, promoted and protected;

The dignity of people with disabilities is respected.
People with disabilities include those who have long-term impairments, for example, physical, psycho-social, intellectual and who cannot get involved in society because of different reasons, such as attitudes, language, stairs, and laws, which prevent people with disabilities from being included in society." The convention also defines discrimination on the basis of disability as being, "when people are excluded, shut out or prevented from doing things because of their disability. This can be in all areas of life."

The convention makes certain requirements of the countries that sign.

The countries promise to make sure that all human rights apply to all people, without discrimination because of disability. To fulfill this promise, they will:

a. Do what it takes to make sure that the rights from this Agreement are put into laws, policies, and practice in their country;

b. Take action: for example, adopt new laws and rules, change old rules and laws where necessary, and get rid of other laws and stop actions that discriminate against people with disabilities;

c. Make sure that the human rights of people with disabilities are included in all policies and programs;

d. Not do things that do not support the Agreement, and make sure others respect the Agreement;

e. Take action to stop individuals, organizations or businesses from discriminating because of a person's disability;

f. Work on and encourage the use of goods, services, equipment and facilities that can be used by all people with disabilities all over the world, at the smallest possible cost to the person;

g. Work on and encourage new technologies in all aspects of life that are useful for people with disabilities, especially those that are low cost;

h. Provide information about all types of assistance, including technologies, and other forms of assistance, in a way that can be understood by people with disabilities

A tall order for a country to fill. President Obama, Congress, and the United States as a whole have a lot to do in order to comply with these demands. These demands are not the only ones by far. The convention is rather lengthy, and there is quite a bit more. There is no possible way I can cover all of the points made in the convention in a simple article such as this one. There is an incredibly important item in Article 10 that I will present:

"The countries agree that all people with disabilities have the right to life and will take action to make sure people with disabilities can use this right."

The convention also makes a statement regarding war, natural catastrophes, or additional emergency situations that is highly important. After the experiences this nation had with Hurricane Katrina, the requirement below has incredible significance.

"The countries will take action to make sure that in the case of war, natural catastrophes or other emergencies, people with disabilities are protected."

At this time, America is attempting to decide whether or not it wants a form of nationalized health care. The form of nationalized health care that President Obama is promoting has been met by skepticism on the parts of some, with enthusiasm by others. Some believe it will help people with disabilities to get health care; other believe it will be detrimental. When President Obama signs the Convention on the Rights of People with Disabilities, it may have some ramifications related to the bill associated with national health care. The convention states that countries who sign it will:

"Make sure that people with disabilities have the same right to liberty and security as all other people. Make sure that people with disabilities do not have this right taken away from them without a reason, because they have a disability, or in a way that is against the law. The countries will make sure that if a person has had his/her liberty taken, he/she will be protected by law. They will also make sure that changes are made to the individual's environment if they are needed for that person to enjoy his or her human rights."

At this time in America, there are many people with disabilities who have no choice but to enter a form of long-term care in order to continue to receive health care. Many of these people would much rather receive their health care at home, or in a community-based setting. Forcing people with disabilities into institutions in order to receive health care is removal of their liberty. Unless the new national health care plan takes this into consideration, giving people with disabilities who choose to receive health care in a community setting or at home that option; the national health care plan will be in violation of the Convention on the Rights of People with Disabilities. For those who might debate this perspective, the convention also states:

ARTICLE 25 HEALTH

The countries recognize that all people with disabilities have the same right to quality health care, without discrimination because of disability.
The countries will make sure that health and health-related rehabilitation services are available, including:

a. Making sure that people with disabilities get the same variety, quality and standard of free and affordable health care as other people;

b. Making sure that people with disabilities can get services they need because of their disability and to protect them from further disability;

c. Having health services in peoples' own communities;

d. Insisting that health workers give the same quality care to people with disabilities as to others, for example, only if the person agrees and has been told about their rights achieved through trainings and by making ethical standards for health care;

e. Stopping discrimination against people with disabilities when it comes to health insurance and life insurance, and making sure that such insurance is provided fairly;

f. Making sure that people with disabilities will not be discriminated against and denied health care or health services or food and fluids because of their disability.

Not only must any new national health care plan ensure that people with disabilities who choose to receive health care in their own communities or homes receive it - any new national health care plan must ensure that options to government health insurance are available to people with disabilities. Even more, any new national health care plan must ensure that health care is available to people with disabilities in the first place. Refusing to provide health care to people with disabilities, despite their health issues, would be against the Convention on the Rights of People with Disabilities that President Obama is set to sign on Friday, July 24th, 2009.

When it comes to employment, the convention also has much to say.

ARTICLE 27 WORK AND EMPLOYMENT

1. The countries agree that people with disabilities have the same right to work as other people. This also means that they have the right to earn a living from work they choose in a work environment that is open and accessible to all people.

The countries will pass laws and take other action needed to:

a. Stop discrimination because of disabilities in all situations relating to all kinds of employment. This relates, for example, to situations when people with disabilities are trying to get jobs, are hired, or promoted, or in making sure that the working conditions are safe and healthy;

b. Protect the rights of people with disabilities to equal pay for equal work, equal opportunity, safe and healthy working conditions, and the ability to make complaints;

c. Make sure that people with disabilities can organize and join labor unions and trade unions like everyone else;

d. Make it possible for people with disabilities to get career counseling and vocational trainings;

e. Promote employment, career advances, and help people with disabilities to find and keep employment;

f. Promote self-employment, business opportunities, and start-up businesses;

g. Hire people with disabilities in the government;

h. Encourage and help employers to hire people with disabilities;

i. Make it easy for people with disabilities to be in the work place and work environment by making sure reasonable allowances are made for them;

j. Work to make sure that people with disabilities can gain work experience in the labor market;

As I have mentioned, the unemployment rate among people with disabilities in America is completely unacceptable. There are many, many people with disabilities in this nation who want to work on some level. The Social Security Administration has placed a stranglehold on us by placing financial limitations on our ability to earn almost anything whatsoever. Employers in this nation have been consistently prejudiced against us - without reason; we are some of the most reliable and productive employees in this country. Whether we have the ability to work twenty hours a week or forty; we need the freedom to do so.

With the convention signed and supporting us, there is potential for people with disabilities in America to advance. We may find ourselves with access to all public place, at last. We may find ourselves with a rate of employment that is acceptable. We may find the level of prejudice and hate diminishing. The health care we need may appear as well. For United States Government Representatives to avoid following the Convention on the Rights of People with Disabilities, having signed it, would be to present themselves as unworthy, incapable, and worthless before the entire world. We can hope that with this convention, people with disabilities will finally start to experience the rights we have for so long deserved.

Frequently Asked Questions

NOTE: Researched FAQs by Disabled World (DW)

When was the UN Convention on the Rights of People with Disabilities adopted

The convention was adopted by the United Nations General Assembly in December 2006 and opened for signature in March 2007, becoming one of the fastest negotiated human rights treaties in UN history.

What is the difference between signing and ratifying the convention

Signing signals a country intent to support the treaty, while ratification is the formal legal step where a nation agrees to be bound by its terms and to enforce them through domestic law.

Does the United States enforcement of the convention require Senate action

Yes, in the United States a treaty must be approved by a two-thirds vote of the Senate before ratification is complete, so a presidential signature alone does not make it binding law.

What is an Optional Protocol to the convention

The Optional Protocol is a separate agreement that lets individuals or groups bring complaints to a UN committee if they believe their rights under the convention have been violated and domestic remedies have failed.

Who monitors whether countries follow the convention

A body known as the Committee on the Rights of Persons with Disabilities reviews reports from signatory nations and issues guidance on how the treaty should be applied.

How does the convention define reasonable accommodation

Reasonable accommodation refers to necessary and appropriate changes that do not impose a disproportionate burden, made so that people with disabilities can enjoy their rights on an equal basis with others.

Does the convention create new rights for people with disabilities

It does not invent new rights but clarifies how existing human rights apply to people with disabilities and specifies the actions governments must take to make those rights real.

How many countries have joined the convention

The treaty has been ratified by well over one hundred and eighty countries, making it one of the most widely accepted international human rights instruments in the world.

Insights, Analysis, and Developments

Editorial Note: Written from the perspective of a disabled author reading the treaty in real time, this commentary reads less like legal analysis and more like a long-awaited acknowledgment, capturing the mix of hope and frustration that surrounded the signing. It speaks to a moment when other groups in American society had gained recognition while people with disabilities still faced social denial, financial limits imposed by the Social Security Administration, and employer prejudice against workers the author describes as among the most reliable in the country. The stakes reached into the national health care debate of the period, since forcing people into long-term institutions to access care would, in the author's reading, violate the convention's protections on liberty and community-based services under Article 25. What lingers is the warning aimed at lawmakers - that to sign the convention and then ignore it would be to stand unworthy before the rest of the world.*

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.