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UN CRPD - HSLDA Official Issue Paper

UN CRPD - HSLDA Official Issue Paper

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Published by: kdial40 on Jul 12, 2012
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 The U.N. Convention on the Rights of Persons with Disabilities:A Danger to Homeschool Families
Michael P. Farris, Esq., LL.M.ChairmanMay 2012
 
Introduction
HSLDA has written about the threats posed to homeschool freedom by the U.N. Convention onthe Rights of the Child (CRC) and the U.N. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).However, there is a third dangerous United Nations convention. This is the U.N. Convention onthe Rights of Persons with Disabilities (CRPD).
i
President Obama sent it to the U.S. Senate forratification on May 18, 2012.CRPD was adopted by the U.N. General Assembly on December 13, 2006, and entered intoforce on May 3, 2008, after it received its twentieth ratification. The Optional Protocol to theConvention went into force on the same day after it received its tenth ratification. The CRPDwas signed by President Obama on July 30, 2009. Since it has been sent to the U.S. Senate forratification by President Obama, the U.S. Senate could vote to ratify this treaty at any time.CRPD calls for numerous protections for people with disabilities. Many of these protections areincluded in U.S. law as part of the Americans with Disabilities Act (ADA). However, CRPD alsoincludes numerous provisions drafted by the United Nations which would concern many U.S.citizens. Like the CRC and CEDAW, if ratified, the Convention on the Rights of Persons withDisabilities would become the supreme law of the land under the U.S. Constitution’s SupremacyClause in Article VI, would trump state laws, and would be used as binding precedent by stateand federal judges. Since it is a treaty, the U.S. Constitution requires that it must be ratified by
 
two-thirds of the U.S. senators present at the time of the vote, or 67 senators if all 100 U.S.senators were present.
Ten Specific Problems with the Convention on the Rights of Persons with Disabilities 
1. Any remaining state sovereignty on the issue of disability law will be entirely eliminated bythe ratification of this treaty. The rule of international law is that the nation-state that ratifies thetreaty has the obligation to ensure compliance. This gives Congress total authority to legislate onall matters regarding disability law—a power that is substantially limited today. Article 4(5)makes this explicit.2. Article 4(1)(a) demands that all American law on this subject be conformed to the standards of the UN.3. Article 4(1)(e) remands that “every person, organization, or private enterprise” must eliminatediscrimination on the basis of disability. On its face, this means that every home owner wouldhave to make their own home fully accessible to those with disabilities. If the UN wants to makeexceptions, perhaps they could. But, on its face this is the meaning of the treaty.4. Article 4(1)(e) also means that the legal standard for the number of handicapped spacesrequired for parking at your house of worship will be established by the UN—not your localgovernment or your house of worship.5. Article 4(2) requires the United States to use its maximum resources for compliance with thesestandards. The UN has interpreted similar provisions in the UN Convention on the Rights of theChild to criticize nations who spend too much on military issues and not enough on socialprograms. There is every reason to believe that the UN would interpret these provisions in asimilar fashion. The UN believes that it has the power to determine the legitimacy andlawfulness of the budget of the United States to assess compliance with such treaties.6. Article 6(2) is a backdoor method of requiring the United States to comply with the generalprovisions of the UN Convention on the Elimination of All Forms of Discrimination againstWomen. This treaty enshrines abortion rights, homosexual rights, and demands the completedisarmament of all people.7. Article 7(2) advances the identical standard for the control of children with disabilities as iscontained in the UN Convention on the Rights of the Child. This means that the government—acting under UN directives—gets to determine for all children with disabilities what thegovernment thinks is best.Additionally, under current American law, federal law requires public schools to offer specialassistance to children with disabilities. However, no parent is required to accept such assistance.Under this section the government—and not the parent—would have the ultimate authority todetermine if a child with special needs will be homeschooled, attend a private school, or berequired to accept the program offered by the public school.

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