[Senate Treaty Document 112-7]
[From the U.S. Government Publishing Office]




112th Congress
 2d Session                      SENATE                     Treaty Doc.
                                                                  112-7
_______________________________________________________________________

 
         CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES, ADOPTED BY 
THE UNITED NATIONS GENERAL ASSEMBLY ON DECEMBER 13, 2006, AND SIGNED BY 
   THE UNITED STATES OF AMERICA ON JUNE 30, 2009 (THE ``CONVENTION'')

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 May 17, 2012.--Treaty was read the first time, and together with the 
accompanying papers, referred to the Committee on Foreign Relations and 
            ordered to be printed for the use of the Senate
                         LETTER OF TRANSMITTAL

                              ----------                              

                                     The White House, May 17, 2012.
To the Senate of the United States:
    I transmit herewith, for advice and consent of the Senate 
to its ratification, the Convention on the Rights of Persons 
with Disabilities, adopted by the United Nations General 
Assembly on December 13, 2006, and signed by the United States 
of America on June 30, 2009 (the ``Convention''). I also 
transmit, for the information of the Senate, the report of the 
Secretary of State with respect to the Convention.
    Anchored in the principles of equality of opportunity, 
nondiscrimination, respect for dignity and individual autonomy, 
and inclusion of persons with disabilities, the Convention 
seeks to promote, protect, and ensure the full and equal 
enjoyment of all human rights by persons with disabilities. 
While Americans with disabilities already enjoy these rights at 
home, U.S. citizens and other individuals with disabilities 
frequently face barriers when they travel, work, serve, study, 
and reside in other countries. The rights of Americans with 
disabilities should not end at our Nation's shores. 
Ratification of the Disabilities Convention by the United 
States would position the United States to occupy the global 
leadership role to which our domestic record already attests. 
We would thus seek to use the Convention as a tool through 
which to enhance the rights of Americans with disabilities, 
including our veterans. Becoming a State Party to the 
Convention and mobilizing greater international compliance 
could also level the playing field for American businesses, who 
already must comply with U.S. disability laws, as well as those 
whose products and services might find new markets in countries 
whose disability standards move closer to those of the United 
States.
    Protection of the rights of persons with disabilities has 
historically been grounded in bipartisan support in the United 
States, and the principles anchoring the Convention find clear 
expression in our own domestic law. As described more fully in 
the accompanying report, the strong guarantees of 
nondiscrimination and equality of access and opportunity for 
persons with disabilities in existing U.S. law are consistent 
with and sufficient to implement the requirements of the 
Convention as it would be ratified by the United States.
    I recommend that the Senate give prompt and favorable 
consideration to this Convention and give its advice and 
consent to its ratification, subject to the reservations, 
understandings, and declaration set forth in the accompanying 
report.

                                                      Barack Obama.
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                         Washington, June 23, 2011.
The President,
The White House.
    The President: I have the honor to submit to you the 
Convention on the Rights of Persons with Disabilities (the 
convention), adopted by the United Nations General Assembly on 
December 13, 2006, and signed by the United States of America 
on July 30, 2009. I recommend the convention be transmitted to 
the Senate for its advice and consent to ratification. 
Ratification of the convention would serve both to underscore 
our commitment to the rights of persons with disabilities and 
to enhance our ability to promote those rights internationally.
    At its core, the convention seeks to ensure that persons 
with disabilities enjoy the same rights as everyone else and 
are able to lead their lives productively as do other 
individuals, if given the same opportunities. The United States 
has always been a world leader in ensuring the rights of 
individuals with disabilities, through legislation and 
enforcement measures. The United States has made great progress 
toward the goals of inclusion, equal opportunity, full 
participation, independent living, and economic self-
sufficiency. By becoming a party to the convention, the United 
States would continue its leadership role and would be in a 
better position to support, assist, and encourage other states 
to ratify and implement the convention, thereby contributing to 
verifiable improvements in guaranteeing to persons with 
disabilities equality of opportunity, nondiscrimination, 
accessibility, and reasonable accommodation in foreign 
countries. In short, ratification would position us as a leader 
in promoting the rights of approximately 650 million people in 
the world who have a disability, including the large number of 
Americans with disabilities who travel, study, do business, and 
reside abroad. Ultimately, it will be persons with 
disabilities, both inside and outside the United States, who 
will benefit from the global acceptance and implementation of 
the convention.
    Equality of treatment and nondiscrimination, precepts 
anchored in the United States Constitution, are the primary 
principles permeating the entire treaty. The convention's 
provisions apply these principles in a number of key areas, 
such as:
           Participation in political life and access 
        to justice,
           Freedom from torture and cruel, inhuman, and 
        degrading treatment.
           Accessibility, personal mobility, and 
        reasonable accommodation,
           Health,
           Education,
           Employment,
           Housing, and
           Rehabilitation.
    To assist the Senate in its consideration of the 
convention, I am enclosing a detailed report containing an 
article-by-article analysis, which addresses U.S. convention 
implementation. Included in that analysis are three 
reservations, five understandings, and one declaration that are 
recommended for inclusion in the Senate's resolution of advice 
and consent. As further discussed in the enclosed report, if 
the United States makes the proposed reservations, 
understandings, and declaration, existing domestic law will 
serve to implement the convention.
    It is my belief that if ratified as outlined above, 
adoption of the convention would be advantageous to the United 
States. All relevant U.S. government departments and agencies, 
including key implementing departments and agencies, 
participated actively in this review of the convention's 
provisions with respect to their domestic authorities. In 
particular, the Departments of Justice and Health and Human 
Services and the Equal Employment Opportunity Commission join 
me in recommending that the convention be submitted to the 
Senate for its early and favorable consideration and advice and 
consent to ratification, subject to the reservations, 
understandings, and declaration set forth in the enclosed 
report.
            Respectfully submitted,
                                            Hillary Rodham Clinton.
    Enclosures: As stated.
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