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35 Touro L. Rev. 301 (2019-2020)
Let's Try Again: Why the United States Should Ratify the United Nations Convention on the Rights of People with Disabilities

handle is hein.journals/touro35 and id is 309 raw text is: 











  LET'S TRY AGAIN: WHY THE UNITED STATES SHOULD
    RATIFY THE UNITED NATIONS CONVENTION ON THE
            RIGHTS OF PEOPLE WITH DISABILITIES


                           Arlene S. Kanter*



INTRODUCTION


        The  Convention   on  the Rights  of Persons   with  Disabilities
(hereinafter CRPD)   was  adopted  by the United Nations  in 2006  and
entered into force in 2008.'  Since then, 177 countries  have ratified it,
but not the  United  States. This  is not the first time that the United
States has failed to ratify a human  rights treaty. The United  States is
one  of only a few countries that has not ratified the 1979 Convention
on  the Elimination   of Discrimination   Against  Women (hereinafter
CEDAW) and the only country that has not ratified the 1989
Convention on the Rights of the Child (hereinafter CRC).2
Moreover,   of the  nine  core human rights treaties that the United
Nations  has adopted, the United  States has ratified only three.3 Based


* Arlene S. Kanter is the Laura J. and L. Douglas Meredith Professor of Teaching Excellence
at Syracuse University. At the College of Law, she is the Director of International Programs,
and Founder and Director of the Disability Law and Policy Program. She can be contacted at
kantera@law.syr.edu.
  I U.N. GAOR, 61st Sess., 76th plen. mtg., U.N. Res. A/RES/61/106, Convention on the
Rights of Persons with Disabilities (Dec. 13, 2006), https://treaties.un.org/doc/source/docs/A
-RES_61_106-E.pdf [hereinafter CRPD].
2  Convention on the Elimination of All Forms of Discrimination against Women, Sept. 3,
1981, 1249 U.N.T.S. 13 (or G.A. Res. 34/180, U.N. GAOR, 34th Sess., Supp. No. 46, U.N.
Doc. A/34/46 at 193 (Sept. 3, 1981)). The other jurisdictions that have not ratified the
CEDAW   are the Holy See, Iran, Niue, Palau, Somalia, Sudan and Tonga. See UNITED
NATIONS HUMAN RIGHTS OFFICE OF THE HIGH COMMISSIONER, RATIFICATION STATUS FOR
CEDAW-CONVENTION ON THE   ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST
WOMEN,  http://tbinternet.ohchr.org/_1ayouts/TreatyBodyExtemal/Treaty.aspx (last visited
Feb. 19, 2019) [hereinafter CEDAW RATIFICATION LIsT]. Convention on the Rights of the
Child, Nov. 20, 1989, 1577 U.N.T.S. 3 (or G.A. Res. 44/25, U.N. GAOR, 44th Sess., 61st
plen. mtg., U.N. Doc. A/44/49 at 16 (Nov. 20, 1989)). For the list of countries that have
ratified the CRC, see https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg-no=IV
-1 1&chapter=4&lang-en (last visited Mar. 10, 2019).
1  The United States ratified the International Convention on the Elimination of All Forms
of Racial Discrimination in 1994, the International Covenant on Civil and Political Rights in


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