Senate Rejects U.N. Treaty on Rights of Persons with Disabilities

Kermit Cole
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The United States Senate rejected the U.N. Convention on the Rights of Persons with Disabilities yesterday. The treaty, which was modeled after the Americans with Disabilities Act, was defeated by “no” votes from 38 Republican Senators despite former Majority Leader Bob Dole’s appearance – in a wheelchair – in support of the treaty. No Democratic senators opposed the bill.

Article → Of Further Interest:

Senate rejects treaty to protect disabled around the world
(Washington Post)
US Senate rejects UN treaty on disability rights amid GOP opposition
(The Guardian)
Senate Rejects U.N. Disabled-Rights Treaty. Good! (Cato Institute)
Senate rejects U.N. treaty on disability rights (Washington Times)
Republican opposition downs UN disability treaty
(Salon)
From Republicans, a Parting Slap at Bob Dole and Disabled Americans (New York Times)

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Kermit Cole
Kermit Cole, MFT, founding editor of Mad in America, works in Santa Fe, New Mexico as a couples and family therapist. Inspired by Open Dialogue, he works as part of a team and consults with couples and families that have members identified as patients. His work in residential treatment — largely with severely traumatized and/or "psychotic" clients — led to an appreciation of the power and beauty of systemic philosophy and practice, as the alternative to the prevailing focus on individual pathology. A former film-maker, he has undergraduate and master's degrees in psychology from Harvard University, as well as an MFT degree from the Council for Relationships in Philadelphia. He is a doctoral candidate with the Taos Institute and the Free University of Brussels. You can reach him at [email protected]

16 COMMENTS

  1. Once again, we have so much to thank the wonderful Republican party of America for. Such wonderful people who care so much for their fellow woman and man. They’ve saved us from the dreaded One World Government! We all know and understand that if they ratified anything from the United Nations that it would only lead to our domination and subjection to the dreaded One World Order. When are they ever going to get a clue?!!!!

    • As Informed Citizens, are we Really Certain that we want to follow the United Nation’s Lead on “Human Rights”?

      Democracies Silent As U.N. Human Rights Council Elects Country Where Slavery Exists To Leadership Post

      http://cnsnews.com/news/article/democracies-silent-un-human-rights-council-elects-country-where-slavery-exists

      “Homosexual acts also carry the death penalty in Mauritania.

      Slavery of black Africans has been rooted in Mauritanian society for centuries According to activists, up to 18 percent of the population may still be in slavery today.

      Female genital mutilation is formally illegal but “widely practiced,” according to Freedom House. Mauritania was listed in 122nd place (out of 135) in a recent World Economic Forum report on the gap between women and men in economic participation, educational attainment, political empowerment and health and survival.”

  2. 38 Republicans. That’s All we could get to stand up to the UN?

    Surrendering any more of American Sovereignty would not have solved Any problem not only for the US but for people whose rights have been violated in the rest of the world as well.

    Atypical Antipsychotics – at least Risperdal – are already prohibited under current US Federal Criminal Law. If we can’t get our own Federal Government to step in and put a stop to an activity already prohibited by law, why should we expect the UN to get the job done?

    http://psychroaches.blogspot.com/2012/05/us-18c95-sec-1958-skull-at-banquet.html

    And understanding that Law, opens the door to the train of Other laws violated incident To the violation of that Law: Civil Rights, Health Care Fraud, Mail Fraud, Conspiracy to Defraud the United States, Major Fraud Against the United States, Misprision of Felony, State Statutes prohibiting Aggravated Battery, etc.

    All of these already prohibited abuses of Americans are tolerated and ignored by Law Enforcement because our own Government has become so gargantuan that no Dept. in it is willing to start a dust up with any other Dept. in it as the money keeps rolling in keeping them All on easy street.

    Adding the UN to the mix could only increase the amount of – to put it in Psychiatric terms – “disfunctional dysphoria” our LEOs are already wallowing in.

    Calling it a Conspiracy/NWO plot is an over simplification, because there are so many people/agencies currently involved that they are working at cross purposes.

  3. “Surrendering any more of American Sovereignty would not have solved Any problem not only for the US but for people whose rights have been violated in the rest of the world as well.”

    Sorry that is just silly. Do you think that you cede sovereignty every time you negotiate a bilateral treaty??

    How do you feel about the World Trade Organisation? Do you really feel you cede Sovereignty when you sign an extradition treaty?

    Sometimes the US is not so much another country but another planet.

  4. “Sorry that is just silly.”

    from the Hill’s article:

    “would create new abortion rights and impede the ability of people to homeschool disabled children”

    And that’s, ‘Silly’?

    “Supporters of the treaty argued that the Convention on the Rights of Persons With Disabilities would simply require the rest of the world to meet the standards that Americans already enjoy under the 1990 Americans With Disabilities Act.”

    The ADA is one of the most pernicious pieces of feel good fluff ever foisted on this country

    http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990

    Title I—Employment
    See 42 U.S.C. §§ 12111–12117.

    The ADA states that a covered entity shall not discriminate against a qualified individual with a disability.[6] This applies to job application procedures, hiring, advancement and discharge of employees, workers’ compensation, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers.[7] Discrimination may include, among other things, limiting or classifying a job applicant or employee in an adverse way, denying employment opportunities to people who truly qualify, or not making reasonable accommodations to the known physical or mental limitations of disabled employees, not advancing employees with disabilities in the business, and/or not providing needed accommodations in training materials or policies, and the provision of qualified readers or interpreters. Employers can use medical entrance examinations for applicants, after making the job offer, only if all applicants (regardless of disability) must take it and it is treated as a confidential medical record. Qualified individuals do not include any employee or applicant who is currently engaging in the illegal use of drugs when that usage is the basis for the employer’s actions.[8]

    Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution. The provision allowing private suits against states for money damages was invalidated.

    “The provision allowing private suits against states for money damages was invalidated.”

    Because people were taking it seriously and suing States.

    Ergo: If a person is diagnosed into a mental disability and/or crippled or killed for it through treatment BY a State or its Employees, that person cannot Sue the State or its Agents for monetary damages.

    “and advocates for those with disabilities argued that recommendations from a panel created by the treaty, . . . ”

    You might as well substitute “advocates for psychiatric disability peddling”

    Disability Advocates are largely responsible for 1 in 15 Americans age 18-26 today being permanently disabled by psychiatric drug treatment at a lifetime cost of $1M each in SSDI payments under the ruse that it will make them ‘Mentally Healthy”.

    “Sometimes the US is not so much another country but another planet.”

    If ONLY that were true.

    Could you please List for me all of the actual improvements the UN has brought about in the human condition around the globe?

    Please notice the last point.

    “The six contradictions of socialism in the United States of America

    America is capitalist and greedy – yet half of the population is subsidized.

    Half of the population is subsidized – yet they think they are victims.

    They think they are victims – yet their representatives run the government.

    Their representatives run the government – yet the poor keep getting poorer.

    The poor keep getting poorer – yet they have things that people in other countries only dream about.

    They have things that people in other countries only dream about – yet they want America to be more like those other countries.”

    Why ever would the United States want to be like other countries? Or have we already conveniently forgotten the previous century when we had to go save those other oh so much more advanced and humane countries from each other?

    Twice.

    WWII: 469,000 American dead. 60-69 Million total, global casualties.

    If I wanted to be like “Other Countries” I’d go live in one of them, Instead of America.

    • This sounds exactly like all the stuff we just got through putting up with concerning the election. What do you mean by “pcychiatric disability peddling?” Certainly not a lot of empathy to be found in your statements and comments. Do you know why the rest of the world refers to us as “the ugly Americans?”

  5. 1 Food and Agriculture Organization (FAO)
    2 International Civil Aviation Organization (ICAO)
    3 International Fund for Agricultural Development (IFAD)
    4 International Labour Organization (ILO)
    5 International Maritime Organization (IMO)
    6 International Monetary Fund (IMF)
    7 International Telecommunication Union (ITU)
    8 United Nations Educational, Scientific and Cultural Organization (UNESCO)
    9 United Nations Industrial Development Organization (UNIDO)
    10 Universal Postal Union (UPU)
    11 World Bank Group
    11.1 International Bank for Reconstruction and Development (IBRD)
    11.2 International Finance Corporation (IFC)
    11.3 International Development Association (IDA)
    12 World Health Organization (WHO)
    13 World Intellectual Property Organization (WIPO)
    14 World Meteorological Organization (WMO)
    15 World Tourism Organization (UNWTO)
    16 Former specialized agencies
    17 Related Organizations
    17.1 Comprehensive Nuclear-Test-Ban Treaty Organization Preparatory Commission
    17.2 International Atomic Energy Agency (IAEA)
    17.3 Organisation for the Prohibition of Chemical Weapons
    17.4 World Trade Organization (WTO)

    And as if the WHO and WTO and the High Commissioner for Refugees and the international protection of intellectual property rights were not enough how about all the peace keeping operations? Below are the ones that are current.

    United Nations Mission in the Republic of South Sudan (UNMISS)
    United Nations Interim Security Force for Abyei (UNISFA)
    UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO)
    African Union-UN Hybrid Operation in Darfur (UNAMID)
    UN Operation in Côte d’Ivoire (UNOCI)
    UN Mission in Liberia (UNMIL)
    UN Mission for the Referendum in Western Sahara (MINURSO)
    Americas
    UN Stabilization Mission in Haiti (MINUSTAH)
    Asia and the Pacific
    UN Integrated Mission in Timor-Leste (UNMIT)
    UN Military Observer Group in India and Pakistan (UNMOGIP)
    UN Assistance Mission in Afghanistan (UNAMA) *
    Europe
    UN Peacekeeping Force in Cyprus (UNFICYP)
    UN Interim Administration Mission in Kosovo (UNMIK)
    Middle East
    UN Disengagement Observer Force (UNDOF)
    United Nations Interim Force in Lebanon (UNIFIL)
    UN Truce Supervision Organization (UNTSO)

    I could go on but just to finish off (its absurd for you to bring this up anyway) WW2 was a global war. The fact that you sat on the sidelines pretending it was nothing to do with you is well remembered. But hey better late than never. You took sides just like every other country. You didn’t save anyone any more than the other allied countries saved you.

    Anyway probably you were just smarting because the british torched your capital in 1814. http://history1800s.about.com/od/americanwars/tp/1814washingtonburns.htm

    Hey ho. Toodle pip.

    • You injected Bilateral Treaties, the WTO and Extradition treaties into the discussion. The US does have extradition treaties with other Nations.

      What does this current treaty have to do with extraditing criminals?
      What does this current treaty have to do with the WTO?
      Do you even know what the term Bilateral means?

      Bilateral is generally understood – in the context of treaties – as a treaty between 2 nations. The current treaty would have the US signing on with 153 Nations, And, the UN is not a sovereign nation.

      http://www.un.org/disabilities/default.asp?id=36

      But Cuba is one of those nations.
      And Egypt. Yup. human rights are busting out all over in Egypt.
      Greece too. And Who’s going to bail Them out?
      Iran too. “Kill Da Jooooos, . . . ack, ack, ack.”
      Lebanon. Peace and Prosperity Central.
      Haiti. Actually I’ve been thinking of retiring there, since they too are signed onto this Piece of Non-Binding Paper.

      “United Nations Mission in the Republic of South Sudan (UNMISS)
      United Nations Interim Security Force for Abyei (UNISFA)
      UN Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO)
      African Union-UN Hybrid Operation in Darfur (UNAMID)
      UN Operation in Côte d’Ivoire (UNOCI)
      UN Mission in Liberia (UNMIL)
      UN Mission for the Referendum in Western Sahara (MINURSO)
      Americas
      UN Stabilization Mission in Haiti (MINUSTAH)
      Asia and the Pacific
      UN Integrated Mission in Timor-Leste (UNMIT)
      UN Military Observer Group in India and Pakistan (UNMOGIP)
      UN Assistance Mission in Afghanistan (UNAMA) *
      Europe
      UN Peacekeeping Force in Cyprus (UNFICYP)
      UN Interim Administration Mission in Kosovo (UNMIK)
      Middle East
      UN Disengagement Observer Force (UNDOF)
      United Nations Interim Force in Lebanon (UNIFIL)
      UN Truce Supervision Organization (UNTSO)”

      Thank You So much for making my point For me, as the UN has done such a Stellar job of instituting Peace and Prosperity in All of those endeavors. Yes, thanks to UN involvement such places as Afghanistan, Liberia, the Western Sahara, Darfur, South Sudan, the Congo, Haiti, Lebanon, Kosovo, Pakistan and more have become highly sought vacation destinations requiring air travel bookings to them years in advance.

      I Asked you for actual Results – IE Improvements – and you’ve cited Triumph of Hope over Experience – Failures.

      The IMF and the World Bank define success to you?

      And since your comment appears to be that of a Citizen of some nation other than America, to say nothing of derisive and condescending to us, tell you what, Inarticulate, if you’re ever invaded by your neighbors, how about You call the UN and ask Them to bail you out.

      The Russians would have finished Hitler off eventually? (Churchill saw it differently.) And that would also have been OK with you? 27 Million Russian casualties weren’t enough for you?

      And BTW, the Russians wouldn’t have beaten Hitler without his being stuck between Them and Us.

      But, being a UN trumps America sort, I suppose that would have been fine with you too. You Do know that the Germans seemed quite surprised that the US didn’t want to re-arm them and join them against the Russians at the end, don’t you? Because even they understood that Stalin was an intolerable evil.

      America wasn’t Needed to save the World in WWII, but the World will go to Hell in a Handbasket unless America signs onto a Sovereignty Eroding piece of UN, Non-Binding Paper, which Will stick its Non-Binding into American’s day to day lives.

      Hey Ho. Toodle Pip?

      I suspect that descendants of those who survived the Luftwaffe and V2 bombings of England might be inclined to think America’s involvement in WWII, was of a more significant nature than you seem to credit us with.

      But I need to get over Myself?

      • “I’m 64 years old and have never seen such attitudes in my whole life.”

        I’m not surprised.

        Such Attitudes have been all over the place for the last 64 years and longer.

        But not being able to see them qualifies as 64 years of Willfulness, not a wake up.

        “It stands in the way of so many things.”

        Such as?

        • Such as being able to have an intelligent discussion about something without the rabid attacking of everything that you don’t like or agree with. I have the feeling that you care very little about the rights of psychiatric survivors and that’s what all of this about. What’s happening here now is totally off the track. I don’t care what you think about the U.N. I am interested in what you think about people with psychiatric labels having the same rights as everyone else in this country. You’ve not addressed that at all and that’s really what this is all about. I think you’ve used this to further your agenda of attacking the U.N. This is what happens lately any time a group tries to have a discussion about something. People come in and try to overwhelm all the other opinions or ideas that don’t agree with their own. So what do you think about laws that stop the drugging of people against their will and laws that keep forced treatment from happening? This is the important issue, not the U.N.

          • @Stephen Gilbert

            Luckily most of the rest of the world knows that the “Tea Party” movement is an aberration. Only 3 million people watch Fox news and half of them for just to have a good laugh.

            Plenty of Americans working at the UN and plenty of them are ex military working in some of the most difficult and treacherous places on the planet as I’m sure you know already.

            Onwards and upwards 🙂

          • I think you’re not paying attention. See my 1st comment again before you get incensed, again, about My not caring about the wholesale violation of the Rights of people who’ve been run over by Psychiatry. It’s Already Illegal. All of it!

            “Atypical Antipsychotics – at least Risperdal – are already prohibited under current US Federal Criminal Law. If we can’t get our own Federal Government to step in and put a stop to an activity already prohibited by law, why should we expect the UN to get the job done?

            http://psychroaches.blogspot.com/2012/05/us-18c95-sec-1958-skull-at-banquet.html

            And understanding that Law, opens the door to the train of Other laws violated incident To the violation of that Law: Civil Rights, Health Care Fraud, Mail Fraud, Conspiracy to Defraud the United States, Major Fraud Against the United States, Misprision of Felony, State Statutes prohibiting Aggravated Battery, etc.

            And Since it’s Illegal, what’s happening here is what Needs to happen here because if you want something Changed or Stopped you need a Legal Peg to Hang it on, and this Treaty is not it.

            Neither you Mr. Gilbert, nor Mr. Inarticulate, have addressed my point that this treaty is based on America’s ADA which America’s Supreme Court ripped the teeth out of.

            Once again is everybody supposed to depend on the feel good, and largely ineffectual pronouncements of a governing body which Refuses to allow itself to be held accountable?

            Without being able to sue for monetary damages the only legal remedy left becomes the much higher standard of proof needed in a criminal prosecution which very few people labeled as disabled can afford.

            By signing this Non-Binding UN Treaty, the signatory nations can, and will, then hide and bluster behind it that they Are signatories As Cover when they toss people into Psychiatric Prisons because they were Insane for bucking Political Mandates at home. Essentially, places like Iran will re-label some of the most Inhumane detention facilities they have as Psychiatric Hospitals.

            This treaty is based on America’s ADA, which allows literally No recourse in Court to the people who are supposed to benefit from it. It’s just another door opening onto Abuse at the hands of unaccountable, faceless Bureaucrats. Except that in this Treaty many of those Bureaucrats already have a well documented record of abusing the people in their own countries.

            Return to the ADA and our Court’s evisceration of Real protections when the Supreme Court turned the 11th Amendment into just another excuse to protect Government from the Citizens:

            In Alabama v Garrett the Court cited the 11th Amendment prohibiting the use of Federal Courts by Citizens of State A to sue State B (meaning State B’s Government) as justification for prohibiting Citizens of State A from suing their own State Government of State A.

            http://supreme.justia.com/cases/federal/us/531/356/case.html

            At: 363:
            The Eleventh Amendment provides:

            “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

            Although by its terms the Amendment applies only to suits against a State by citizens of another State, our cases have extended the Amendment’s applicability to suits by citizens against their own States. See Kimel v. Florida Bd. of Regents, 528 U. S. 62, 72-73 (2000); College Savings Bank v. Florida Prepaid Postsecondary Ed. Expense Bd., 527 U. S. 666, 669-670 (1999); Seminole Tribe of Fla. v. Florida, 517 U. S. 44, 54 (1996); Hans v. Louisiana, 134 U. S. 1, 15 (1890). The ultimate guarantee of the Eleventh Amendment is that nonconsenting States may not be sued by private individuals in federal court. See Kimel, supra, at 73.

            We have recognized, however, that Congress may abrogate the States’ Eleventh Amendment immunity when it both unequivocally intends to do so and “act[s] pursuant to a valid grant of constitutional authority.”

            “The ultimate guarantee of the Eleventh Amendment is that nonconsenting States may not be sued by private individuals in federal court.”

            Light bulb come on yet? If the State already refuses its consent to be held accountable to a Citizen it has wronged through its own State Courts, Where can that Citizen sue the State into becoming accountable but in a Federal Court? You are SOL. No Recourse. None.

            This pretzel is the logic the UN Treaty is built upon. And it will, sooner rather than later, be effected By its signatories to a Similar Disadvantage laid upon the Individual Citizens it’s being advertised as being Needed, to protect.

            Alabama v Garrett protects 50 State Governments from being sued into ashes By America’s ADA through turning the eminently Sensible provisions of the 11th Amendment (ratified in 1795 when our lawmakers wanted Freedom from rapacious Govt. rather than Protection for it.) inside out.

            Furthermore, the Supreme Court created a Congressional power not even they can create by which Congress too may abrogate the 11th Amendment:

            “when it both unequivocally intends to do so and “act[s] pursuant to a valid grant of constitutional authority.”

            Nowhere in the Constitution can there Exist any such valid grant of Constitutional Authority without Congress itself actually creating it through another Amendment To the Constitution Repealing the 11th Amendment.

            Idiotic Laws like the ADA necessitate all manner of subsequent Mickey Mouse adjustments like Alabama v Garrett, and this Global Treaty is Based on the Unconstitutional and Unworkable, American ADA.

            So could you explain to me Why the entire World needs America to sign a Non-Binding, Global expansion of its own Congressional/Judicial FUBAR into this Globally unanimous farce of sitting around the camp fire singing Kum By Yah, my Faceless Bureaucrat, Kum By Yah, Oh-oh-hoh, Faceless Bureaucrat, Kum By Yah?

            “So what do you think about laws that stop the drugging of people against their will and laws that keep forced treatment from happening?”

            I have Already addressed them in my First Comment. Those Laws are NOT, I repeat NOT, Legal.

            ” This is the important issue, not the U.N.”

            The U.N. Is the issue as This, Their Treaty will make matters Worse instead of better. If you have a counter argument grounded in Facts and Law rather than slinging mud at the Tea Party, Please share it with us.

  6. Excuse me Mr Gilbert, I Meant to refer to the drugs themselves, Not the laws restraining their forced use.

    “So what do you think about laws that stop the drugging of people against their will and laws that keep forced treatment from happening?”

    I have Already addressed them in my First Comment. Those Laws are NOT, I repeat NOT, Legal.

    That Should have read, “Those DRUGS are NOT legal.”

    I remain 100% in favor of laws that Prohibit the forced drugging of people, if those laws work.

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