TALKING POINTS – U.N. CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) The U.S. always has been a leader on disability rights. We will reaffirm and strengthen our leadership position if the Senate ratifies the CRPD.
THE CRPD WILL NOT REPLACE CURRENT U.S. LAW Senator: The Supremacy clause in Article VI of our Constitution tells us that if the CRPD treaty were ratified by the Senate, the treaty would replace U.S. law on prohibition of discrimination on the basis of disability. It would replace the Americans with Disabilities Act! You: That would not happen. The CRPD package the Senate ratifies would include reservations, understandings, and declarations that describe how the U.S. interprets the treaty under U.S. law. That interpretation would be the supreme law of the land. If you have concerns Senator, we urge you to work with colleagues in a bipartisan manner to draft amendments to clarify things in the treaty that are unclear. GOVERNMENT WILL NOT TAKE AWAY PARENTS’ RIGHTS Senator: The CRPD puts the government in charge of the best interest of the child. You: Not so. In the U.S. the best interest of the child is in the hands of parents. In limited circumstances where a state court determines that a child has been abused, neglected, abandoned, or abducted unlawfully according to state law the state court can remove a child from its parent(s) and make decisions for the child. This never happens in situations that deal only with educational matters. If you have concerns Senator, we urge you to work with colleagues in a bipartisan manner to draft amendments to clarify things in the treaty that are unclear. THE CRPD DOES NOT CREATE NEW ABORTION RIGHTS Senator: The CRPD, if ratified, would create new abortion rights. You: No it would not. The CRPD’s Article 25, dealing with health, says that people with disabilities have access to health services, including reproductive programs, to the same extent people without disabilities do. If you have concerns Senator, we urge you to work with colleagues in a bipartisan manner to draft amendments to clarify things in the treaty that are unclear.
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