Response Of The United States International Council On Disabilities (USICD) To The Statement Of The U.S. Government Position As Delivered By The Assistant Attorney General For Civil Rights
June 2003

USICD acknowledges the remarks by Assistant Attorney General Ralph Boyd today, June 18, 2003 at the UN General Assembly Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection of the Rights and Dignity of Persons with Disabilities. While appreciating the recognition paid to the development of laws designed to protect and ensure the rights of people with disabilities in the United States, we nonetheless believe the official U.S. Government position ignores the fundamental need for a United Nations Convention. Essentially, U.S. has taken the position that a Convention is not necessary for the United States because we have excellent disability law, and that it is the responsibility of each country to develop its own laws also. Therefore, it will neither support nor oppose a Convention, but will offer "technical assistance" to the Ad Hoc Committee as requested.

While we certainly appreciate the sovereign right and necessity of each country to develop their own laws, the U.S. position misses the point on several levels:

• The role of international Convention is never intended to supercede superior domestic laws, nor is it to replace the need for development of domestic law. Rather, a Convention provides a statement of universal human rights principles that underpin and reinforce domestic law where it exists, and provide minimum standards for what any domestic law - existing or new - should contain.
• The notion that Americans with disabilities - and, indeed, US disability law - would not be served by such a Convention, implies that the international human rights framework is not relevant to the United States and furthermore undermines the global importance of international human rights law. It is arrogant and disingenuous of the US (1) to declare that it has experience and expertise in such laws and (2) to offer technical assistance for a Convention that it has already declared as unnecessary.

The U.S. disability community believes that the government is missing the opportunity to draw upon its national experience and contribute in a meaningful way to a critical international policy process to which the disability community - both in the US and abroad - has attached great importance.

THEREFORE, THE U.S. DISABILITY COMMUNITY WILL CONTINUE TO WORK WITH THE MEMBERS OF THE U.S. CONGRESS TO ENSURE SUPPORT FOR A UN CONVENTION AND FOR THE PRINCIPLES THAT DO INDEED APPLY TO ALL PEOPLE, INCLUDING AMERICANS WITH DISABILITIES.

Sue Suter, President of the Center for International Rehabilitation, responds to the United States' statement this morning before the United Nations' Ad Hoc Committee on an International Convention on the Rights of People with Disabilities.

"More than 10 years ago the United States passed the Americans with Disabilities Act, landmark legislation protecting and promoting the rights of people living with disabilities. That legislation has served as a model for other countries that are working to enact similar laws of protection. We hope that the US will continue in this leadership role by helping to foster and standardize the civil and human rights of people with disabilities on an international level by supporting this proposed UN convention.

"In this regard, the Bush Administration's statement this morning, while encouraging, seemed to fall just short of the bold leadership past Administrations have demonstrated in the area of disability rights.

"As the Ad Hoc committee process continues, CIR and all disability rights advocates remain optimistic that the United States and all nations will support this important initiative and bring hope to the nearly 800 million people around the world living with disabilities."

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