The CRPD and Bond vs. the United States

Any day now we should hear about the Supreme Court's decision in the Bond case. The case involved a woman who tried to poison her husband's lover. You would think that a case like that would be left to the state in which it transpired, but it was not. The U.S. government became involved using implementing legislation enacted to fulfill and describe how we would comply with an international chemical weapons treaty. Huh? What's this pending decision have to do with the Convention on the Rights of Persons with Disabilities (CRPD)?

Everyone is on pins and needles and full of suspense. Because -- the court decision in this case could change or leave unchanged how the Supreme Court views U.S. sovereignty as spelled out in the Constitution. In the Constitution sovereignty deals with which powers are held by the federal government and which powers are held by the states. If the Supreme Court rules that the federal government took enforcement action under the law related to the international chemical weapons treaty on unconstitutional grounds, it would be saying that state law can't be undone or ignored in the name of an international treaty. Or, if it rules the other way, it would be saying that the federal government can intervene and take action under a law passed related to an international treaty, basically trumping state law.

With regard to the CRPD, no new laws are required so I can't see how a Supreme Court decision in the Bond case would apply to it. However, those in opposition to CRPD ratification have been trying to link it to the pending Bond decision. Since opponents to the CRPD see it as something all powerful -- that will undo the division of power between the federal and state governments; make the federal government the final authority on all things related to disability rights; and make the words in the CRPD the basis for all legal interpretations -- they are waiting and hoping for a decision that will let them say, "We told you so." With that, they think they will be able to kill any chance of ratification of the CRPD. They think all Senators sitting on the sidelines would agree with anti-CRPD forces.

We could get the Supreme Court's ruling on Monday, June 2nd.

Thank you.
Common Grounder

CALLING ALL SUPPORTERS OF THE CRPD, SENATORS THAT IS

I am approaching a ripe old age, not to be disclosed here. I had the opportunity during my career to work in both the House of Representatives and the Senate when there was much bipartisan cooperation with regard to the development of U.S. disability policy. I would like to see that degree of bipartisanship resurface, at least momentarily, so the Senate ratifies the Convention on the Rights of Persons with Disabilities (CRPD).

I think the Senate Democrats, Independents, and the six Republicans, who support ratification, are in a unique position to help secure the votes we need. We need 67. By my count we need six more votes.

Each Senator, who supports the CRPD, knows at least one senator who opposes it, I am sure. Each of the former could reach out to one of the latter and ask him what his position is on the treaty. Once they know, they could share the information with Senator Menendez, Chair of the Senate Foreign Relations Committee. This information is a key component of the process to reach ratification.

As I have mentioned in other CRPD posts, senators who have not yet taken a position on the treaty probably fall into one of three camps: 1) those who oppose any UN treaty;  2) those who have specific, often single issue concerns, and want to participate in drafting text on these concerns; and 3) those waiting to see the text of a draft resolution on the CRPD before taking a position.

With such a tally Senator Menendez and his bipartisan partners, who are helping him draft a resolution, would be able to target specific senators and get their input and know which senators are willing to wait to see the final draft.

Hopefully, Senator Corker, the ranking Republican on the Senate Foreign Relations Committee, will not be opposed if drafting of a resolution on the CRPD is restarted. Perhaps we should not deluge his office with contacts anymore. That may be something he will appreciate.

The six Republicans who support the CRPD are:  Ayotte (New Hampshire), Barrasso (Wyoming), Collins (Maine), Kirk (Illinois), McCain (Arizona), and Murkowski (Alaska). So I know they will help the Chairman. Senators Barrasso, and McCain are on the Senate Foreign Relations Committee.

I suggest everyone contact your Senators regardless of party affiliation.Those Senators who support the treaty should be asked to reach out to someone they know who does not and talk to them about the treaty. At a minimum, they should try to find out how the senator feels about the CRPD, and then report that to Chairman Menendez and the Republicans who are helping him draft a resolution on the CRPD. This should be done as soon as possible. It will be worth it.

Thank you.
Common Grounder

Calling All Veterans

A veteran in 2014 is a positive image for most Americans, and that is a good thing. Much attention in the last few weeks has been on the Department of Veterans Affairs. I hope in sorting out the failure to serve veterans in a timely manner and prevent deaths, Democrats and Republicans will work together. I hope there will be a minimal amount of grandstanding and political posturing. I hope that our elected officials will spend their time looking for ways to make things work. If they do, maybe they will also consider working together to ratify the Convention on the Rights of Persons with Disabilities (CRPD).

When I think of a veteran many words come to mind – bravery, selflessness, courage, compassion, camaraderie, freedom, confidence, problem-solving ability, teamwork. I wish I could pour these words into the brains of senators who have not taken a position on the CRPD yet.

Those senators, some of whom I have written about on this blog, strongly support veterans and want to make things better for them. They listen to veterans. They probably talk straight to veterans. They wouldn't dismiss a request from a vet easily.

This Memorial Day I know there will be a lot of events in which senators participate back home. They will interact with veterans at many of these events. If you are veteran, or family member of a veteran, I hope if you encounter a senator that you will ask them to support the CRPD. The CRPD is based on the principles that veterans have fought for and believe in. These principles know no boundaries and when embraced by the world community, including the U.S., the world would be a better place.

Some objections to Senate ratification of the CRPD are shallow, politically motivated, and do not take into account that -- the only way U.S. will be restored as a true, credible leader in the world community again is if it doesn't put conditions on how it feels about human rights.

If you do get a few minutes with a senator this holiday weekend, I urge you to ask the senator to call for and support the ratification of the CRPD before July 4th. If he or she asks why, here are a few things you might use in an answer --

1. It is difficult for us to challenge the human rights abuses of other nations unless we ratify the CRPD.

2. Clear, strong words have been suggested to recognize, reinforce, and protect our system of government from any words or reports that come from the UN, so let's use them and ratify the CRPD.

3. Americans with disabilities who go overseas, U.S. businesses that manufacture assistive technology, and U.S. policies and expertise on disability rights and accessibility will be sought after and welcomed by the rest of the world.

4.  Ratification of the CRPD would give us an opportunity to begin a national dialogue on how things are and how they could be with regard to people with disabilities. It is not a matter of new laws. It is a matter of better implementation and enforcement of existing laws and proactively reshaping, in a more positive direction, attitudes about people with disabilities.

Whatever you learn from your senator(s), please share it with the veterans' organizations to which you belong. That way we will have a sense of the impact of your effort. Be assured, you, more than many of us, can have the desired effect on senators at this critical time.

God bless every veteran and your family and have a great Memorial Day. You deserve it!

Thank you.
Common Grounder

The CRPD and Answers to Four Questions That Should Influence the Next Move

The Senate Committee on Foreign Relations has a business meeting scheduled for May 20, 2014. Several pieces of legislation dealing with foreign countries and ambassadorships are on the agenda (www.foreign.senate.gov/hearings/business-meeting-5-20-14). It will be held in S-116 of the Capitol, so stop by if you can.

The Convention on the Rights of Persons with Disabilities (CRPD) is not on the agenda. I do not know how often the Senate Committee on Foreign Relations has business meetings, but I think the May 20 meeting is a great opportunity for Chairman Menendez of New Jersey to take the pulse of his membership on whether or not they support the CRPD. It's not till 2:15 pm, so give him a call (202.224.4744) and suggest he add it.

 What Chairman Menendez needs to know is four things:

1.  How important ratification is to us.

2.  How many committee members are waiting for a draft resolution before taking a position.

3.  How many members have specific concerns and are either willing to work to resolve concerns with the chairman or have draft language to share with the chairman.

4.  How many members are opposed to the CRPD ratification under any conditions.

I believe the chairman has the votes to get a resolution on the CRPD out of committee. He can share a draft with those who fall under #2.  And, unless he has some members that fall under #3, there is no reason to delay bringing a CRPD resolution up for a committee vote now. We need to seize the moment and get Senators, who are on the fence, to commit.  Of course, we need to contact these fence sitters, once we know who they are, and tell them how we feel.

Thank you.
Common Grounder

Senator Toomey and the CRPD

I spent last week viewing videos, reading, and thinking about Senator Patrick Toomey of Pennsylvania. He may just be the Republican who steps up and breaks the Senate impasse on ratification of the Convention on the Rights of Persons with Disabilities (CRPD). He has a current working relationship with both Senator Menendez, Chairman of the Senate Foreign a Relations Committee, and Senator Corker, its ranking Republican member.

Senator Toomey doesn't sit back and wait for others to propose good ideas (S. 1658, The Start-Up Jobs and Innovation Act, introduced with Senator Menendez on  November 6, 2013.). If he sees legislation with a good track record in the House, he has no problem sponsoring it in the Senate (S.1596, protecting children from sexual predators). He is willing to work with Democrat colleagues on a bipartisan basis on issues. He is mild-mannered, well spoken, and thoughtful. He is a frequent visitor on both Fox News and MSNBC. Although not on the Senate Foreign Relations Committee, he has no problem co-sponsoring legislation that has international implications (with Senator Corker, S. 2277, the Russian Aggression Prevention Act). His legislative efforts also include protecting children (Justice for Amy Act) and supporting research in the area of Alzheimer's disease. He is committed to protecting the vulnerable and promoting fairness and opportunity for small businesses. He advocates for a strong U.S. presence in resolving conflicts overseas.

I do not know if anyone has talk to him about the CRPD, but he is not a flamethrower. His legislation seems driven by practical considerations -- he wants to solve problems. And to do so, being in the minority in the Senate, he recognizes the importance of collaboration with Democrats.

This CRPD may not be on Senator Toomey's radar, but we could put it there. We could let him know that --

1. Ratifying a CRPD would help us with other international issues on which we want to be a major, positive force, especially in the area of human rights.
2. Many members of the U.S. business community (e.g., Chamber of Commerce, National Business Leadership Network) support ratification of the CRPD.
3.  We value and seek his evaluation of the draft reservations, understandings, and declarations that are available to place in a resolution on the CRPD.
4.  We seek his help in identifying options for strengthening text of a resolution that would be amenable to Senators with specific concerns.

People who advocate for children and for people with Alzheimer's disease should especially make effort to contact Senator Toomey.

Contact information for Senator Toomey:
Washington, D.C.: 202.224.4254
Allentown:  610.434.1444
Erie:  814.453.3010
Harrisburg:  717.382.3951
Johnstown:  814.266.5970
Philadelphia:  215.241.1090
Pittsburgh:  412.803.3501
Scranton:  570.941.3540
Website:  www.toomey.senate.gov
Facebook:  www.facebook.com/SenatorPatToomey
Twitter:  @SenToomey

The 24th anniversary of the ADA is fast approaching, on July 26, 2014. If we reach out to Senator Toomey, we may be able to get his help, break the logjam, and give ourselves one heck of an ADA birthday present.

Thank you.
Common Grounder

   

The CRPD: the Time We Have Is Precious, Let's Use It Wisely

There are 75 days till the anniversary of the Americans with Disabilities Act, the 24th. The collective wisdom is that we work very hard to secure Senate ratification of the Convention on the Rights of Persons with Disabilities (CRPD), an international disability rights treaty, the week of July 21st. All of my previous blog posts constitute a crash course on the CRPD, and in a way, a timeline since August 9, 2013 on what was in important, who was important, or why something was important.

I know no one has the time to read 73 blog posts. So I have summarized some key points here.

Some things to remember about the CRPD:

1. All developed countries and our principal allies and trading partners have ratified the CRPD.
2. The CRPD does not require the rights and opportunities extended to persons with disabilities exceed those available to other citizens of a country.
3. Ratification of the CRPD by the Senate would not trigger the need to change U.S. laws or to spend money.
4. Ratification would put us on the same playing field with 140+ countries, which have ratified the CRPD, and would give us a seat at the table when international standards are being set on accessibility and assistive technology.
5. Ratification would give us the right to urge, help, and yes, officially complain, on matters related to compliance or lack thereof with the CRPD.
6. Ratification would remove any confusion or objection about where the U.S. stands on disability rights.

These reasons should be shared with our Senators now. They should also be shared with our friends. We cannot let those, who fear joining other countries in ratifying the CRPD, shape and control how we are viewed and where we stand on something so fundamentally right and good.

Thank you.
Common Grounder 

The CRPD and Six Degrees of Separation, Take 2

This is the sample exchange I promised several blog posts ago. You might be able to use it when you reach the person who knows the senator, who has not taken a position yet on the Convention on the Rights of Persons with Disabilities (CRPD). Hopefully your contact will be able to convince the senator to support the CRPD.

It may take one, two or several phone calls or other types of contact to identify a person, who knows a particular senator well AND is comfortable/willing to talk to the senator about the CRPD. Be patient .

FIRST THING ON THE PERSON'S MIND:  WHY ARE YOU CALLING ME?

Introduction -- I am ( insert your name). I was given your name by (insert the name of the person who gave you this contact).

Why you are calling -- I am looking for someone who knows Senator (insert Senator's name) well and I hope you are that person.

SECOND THING ON THE PERSON'S MIND:  WHO ARE YOU?

Background -- (Insert something about yourself, where you work or the fact that you are an advocate for people with disabilities). I would greatly appreciate it if you would reach out to (insert Senator's name) and encourage him to support ratification of the Convention on the Rights of Persons with Disabilities, also called the CRPD.

The Senate almost passed the CRPD in December 2012, but it fell five votes short. Right now many of us are working to identify people like you who will help us. We need at least six votes more this time around. We anticipate the possibility of Senate action on the CRPD sometime this summer.

(f you get this far, you have a chance.)

THIRD THING ON THIS PERSON'S MIND: I CAN'T TALK TO MY FRIEND, THE SENATOR, ABOUT A UN TREATY. I DONT KNOW ENOUGH.

CRPD Talking Points:  

1.  The CRPD is a UN disability rights treaty that was adopted by the UN General Assembly in December 2006. Over 140 countries have already ratified this treaty. The president has signed the treaty for the U.S., but the Senate has not yet taken action on ratification. Only the Senate is required to vote on it, not the House of Representatives.

2.  The CRPD is like the Americans with Disabilities Act (ADA). It prohibits discrimination on the basis of disability. It requires that people with disabilities, in any country which ratifies the treaty, have the same rights and opportunities available to them that are available to other people in that country.

3.  If ratification occurs in the U.S., no U.S. laws would need to be changed and no new costs would be generated.

4.  Ratification is supported by over 800 organizations, many businesses, veterans, and millions of people with disabilities, their families and friends. 

5.  Benefits if the Senate ratifies the CRPD:  If the U.S. ratifies the CRPD, experts from the U.S. will have the opportunity to sit on committees that set standards on things like accessibility in the environment and assistive technology. Experts from the U.S. will have the opportunity to provide products, services, technical assistance and training to other countries who want to learn how to comply with the CRPD. People with disabilities from the U.S. will have an easier time working and traveling abroad. If they encounter barriers related to disability they can notify the U.S. government and the U.S. government can take action to encourage the country involved to make necessary changes consistent with the CRPD. 

6.  Negative consequences if the Senate does not ratify the CRPD:  Other countries, which have ratified the CRPD, will be able to influence standard setting and seize business opportunities that should have gone to U.S. companies and experts. People with disabilities, living and/or traveling overseas, when they are aware of or encounter disability-related barriers or discrimination, will have no mechanism to request or bring about desired change.

7.  Objections to the CRPD:  The strongest objections to ratification of the disability rights treaty are concerns about parents' rights, U.S. sovereignty and access to reproductive healthcare services. 

8.  The Senate Foreign Relations Committee has draft language for a resolution on the disability rights treaty to address each of these concerns. The chairman of the committee, Senator Robert Menendez of New Jersey, is the person to talk to about the effects of this draft language and to discuss options for making it clearer.

FIFTH THING ON THE PERSON'S MIND:  WHAT DOES THE CALLER WANT ME TO DO?

Contact Senator (insert name) and ask if the senator would consider supporting the CRPD, given the wide range of benefits that would subsequently occur. (Be willing to email the eight talking points, you just shared, to the person.)

SIXTH THING ON THE PERSON'S MIND:  WHAT IF I NEED HELP?

Assure the person to whom you are speaking that you are willing to provide additional information if he/she needs it.

End of conversation -- Thank the person for his/her time. Provide him/her with all of your contact information. Arrange a specific time to follow up with the person after he/she had spoken to the senator.

We have six weeks until the 24th anniversary of the ADA. Let's use this time to find these very important people and ask them to help us get the votes we need to ensure ratification by July 26, 2014.

Thank you.

Common Grounder