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ERIC Number: ED503700
Record Type: Non-Journal
Publication Date: 2008-May-12
Pages: 146
Abstractor: ERIC
Reference Count: N/A
ISBN: N/A
ISSN: N/A
Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities (CRPD)
National Council on Disability
The purpose of this paper is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The paper endeavors to analyze the issue in the way a treaty monitoring body would--to see if any area within federal law contravenes the Convention and/or whether there are gaps where legislation or practice might be introduced or reformed to ensure compliance. The paper finds that, as a general matter, the aims of the CRPD are consistent with U.S. disability law. For the majority of articles, U.S. law can be viewed as either being of a level with the mandates of the Convention or capable of reaching those levels either through more rigorous implementation and/or additional actions by Congress. However, this paper also identifies several CRPD Articles that illustrate significant gaps between United States disability laws and the Convention. The body of the paper offers an analysis, by article, of the relationship between the CRPD and relevant sources of United States law. Although these analyses will generally proceed individually by CRPD article and in chronological order, at two points it deviates from this structure. First, the Preamble, Article 1 (Purpose), Article 3 (General Purpose), and Article 4 (General Obligations) are grouped together and compared with the legal framework in the United States affecting person with disabilities. Secondly, the paper groups Articles 33-40, which address monitoring and implementation, together in one discussion. It also contains a detailed appendix which includes the text of each article of the CRPD followed by a description of corresponding sources of central United States law. The appendix provides additional context to the discussion of the individual articles contained in the main body of the paper. (Contains 328 endnotes.)
National Council on Disability. 1331 F Street NW Suite 850, Washington, DC 20004. Tel: 202-272-2004; Fax: 202-272-2022; Web site: http://www.ncd.gov/
Publication Type: Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: National Council on Disability
Identifiers - Location: United States
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Individuals with Disabilities Education Act