NACDD: The disabilities treaty mythbusters
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Transcript of NACDD: The disabilities treaty mythbusters
Disability Treaty Mythbusters
On U.S. Sovereignty and Treaties
Myth: Ratification of the treaty would infringe upon and undermine U.S. sovereignty.
Fact: If the United States ratifies, U.S. law, made by Americans, would continue to govern.
Myth: Ratification of the treaty would result in the United States taking orders from
international bureaucrats on how to treat disabled citizens.
Fact: The Disabilities Committee (treaty body) cannot require the U.S. or Americans to do
anything. We can take or leave their recommendations as we see fit.
Myth: Human rights treaties are an improper issue for the exercise of treaty-making power
under the Constitution.
Fact: The U.S. has a proud tradition of using treaties to uphold American values and principles,
including treaties combating genocide and racial discrimination, and torture, and upholding
religious freedom and freedom of expression.
Myth: If ratification of the treaty won’t change U.S. law it won’t benefit Americans.
Fact: Although ratification will not alter U.S. law, it will position the U.S. to play an essential
role in opening the rest of the world to Americans with disabilities, including our wounded
warriors, who wish to travel, study, and work abroad.
On Family Life Impact
Myth: Ratification of the treaty would infringe upon and undermine parental rights.
Fact: U.S. ratification would protect the authority of parents to raise their children as they see fit,
including making their own decisions about education, home-schooling, and parental discipline.
Myth: Ratification of the treaty would empower the UN’s “committee of experts,” to decide
whether or not parents are in compliance with the treaty.
Fact: The treaty body cannot require parents to do anything. United States law would continue
to protect the authority of parents to raise their children as they see fit.
Myth: The treaty is an attack on American ideals and morals.
Fact: The treaty is inspired by -- and expressly embraces -- American ideals and morals,
including non-discrimination, equality of opportunity, inclusion, respect for inherent dignity, and
the freedom to make one’s own choices.
Myth: The treaty’s result on American family life is unknown, and therefore dangerous.
Fact: The U.S. would ratify the treaty on its terms, which are well known, and no international
body can change that.
On Abortion
Myth: Article 25 provides a pro-abortion mandate for disabled people.
Fact: The Disabilities Treaty does not change U.S. law regarding abortion. Many countries that
prohibit or restrict abortion have ratified the treaty.
On Legal Issues
Myth: The treaty would give the U.S. government, under the direction of international
bureaucrats, the power to determine what is in the best interest of a disabled child.
Fact: Ratification would not result in any change to U.S. law or give international bureaucrats
any authority over American children. U.S. law on the “best interests of the child” would govern
without change.
Myth: Accession to the treaty will lead to lawsuits, including lawsuits against t private
individuals.
Fact: As ratified, there could be no law suits brought under the Disabilities Treaty.
Myth: Ratification of the treaty will result in federal government intrusion into State interests.
Fact: U.S. ratification would not alter the balance of power between the federal government and
the States.