Quantcast

Categorized | News, Opinion

THE CPRD is BINDING LAW on the UNITED STATES and can make us CHANGE our LAWS at the REQUEST of a FOREIGN COMMITTEE!

MORE harm from the CPRD (Convention on the Rights of People with Disabilities)!

Here is one of the provisions of the CPRD:

States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:

  1. To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;
  2. To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;
  3. To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
  4. To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
  5. To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
  6. To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;
  7. To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;
  8. To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
  9. To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

Does this sound like the fluffy aspirational treaty CPRD proponents say it is?  Words count and laws count, too.  Let’s look at some more language:

  1. To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;
  2. To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;

That means ANY law, local, state or federal, inconsistent with this treaty is void or shall have to be repealed.

How about this language:

d. To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

e. To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

This sounds good but what does it mean?  A committee outside the United States interprets this Convention (Article 36, Section 1):

Each report shall be considered by the Committee, which shall make such suggestions and general recommendations on the report as it may consider appropriate and shall forward these to the State Party concerned. The State Party may respond with any information it chooses to the Committee. The Committee may request further information from States Parties relevant to the implementation of the present Convention.

There is a REQUIREMENT of COOPERATION with the Committee (Article 37):

Each State Party shall cooperate with the Committee and assist its members in the fulfilment of their mandate.

Of course, the Constitution does consider treaties the supreme law of the land and all state judges must follow it.  Let’s give a concrete example:

Title III of the Americans with Disabilities Act exempts churches from the public accommodations provisions of the Act.  There are perfectly good reasons not to require churches to comply – older buildings, freedom to decide how many handicapped spaces to have, using money to proclaim the Gospel instead of retrofitting building in the same way a business does.

But the CRPD could be interpreted by the committee of mostly foreigners (one one can at most be US) to require churches to be under our ADA.

Now maybe the government cannot today be forced to comply with the report – the day may come with there will be force.  Or economic sanctions for not complying.  Germany and Brazil seek a UN resolution against NSA spying (not on our own people – that should be curbed) on their leaders.  Human Rights Watch and Amnesty want former President Bush arrested for torture.

Michael Collins once told the Irish people they had a powerful weapon – their refusal to cooperate with the British occupiers.  I refuse to support this or any other UN treaty.

Yes it is a waste of time, but do it anyway:  Call Senator Warner at 202-224-2023 and Senator Kaine at 202-224-4024.  Tell them NO!

 

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

2 Responses to “THE CPRD is BINDING LAW on the UNITED STATES and can make us CHANGE our LAWS at the REQUEST of a FOREIGN COMMITTEE!”

    Trackbacks/Pingbacks

    1. […] our senators informed of how you feel.  This post has Warner/Kaine’s information.  And Senator Warner is up for reelection in […]

    2. […] have written on this treaty before.  It’s a BAD UN (redundant!) treaty.  It will indeed affect the rights of parents, will […]


    Leave a Reply

    Your email address will not be published. Required fields are marked *

    CommentLuv badge

    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

    Check out NewsMax!

    Sign up for Virginia Right Once Daily Email Digest

    No Spam - ever! We send a daily email with the posts of the previous day. Unsubscribe at any time.
    * = required field

    Submit a Blog Post!

    Submit a Blog Post for our 'Boots on the Ground' feature

    Click Here for Instructions on How to Submit a Post

    Google Ad

    Google Ad

    Follow Us Anywhere!

    Google Ad

    Archives

    %d bloggers like this: