Dave K
Distinguished member
- Joined
- Jul 13, 2015
- Messages
- 196
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Hi, Folks. I bet you didn't know that Article 19 of the Convention on the Rights of Persons with Disabilities provides that a state is required ensure that disabled people have access to adequate support to allow them to remain at home. Specifically, the Convention requires a government to "take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:
Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community."
The treaty was negotiated and first signed under former President George W. Bush and signed again by President Obama in 2009. At least 153 other countries have signed it. In December, 2012, the U.S. Senate fell five votes short of the two-thirds majority needed for confirmation as dozens of Senate Republicans objected that it would create new abortion rights and impede the ability of people to homeschool disabled children. Thanks to this small group of senators, the U.S. is one of only a small handful of countries--together with Syria, Libya, and Tajikistan--that has signed but failed to ratify the Convention.
If you research the history of this law, you'll see some people arguing that the Convention does not do anything that the ADA doesn't already do for disabled people in the U.S. I submit that the Convention clarifies that adequate in-home care is a human right, not just a civil right, and it also clarifies that the country's obligation is to provide all necessary in-home care, which we know is currently not being provided to PALS by Medicare.
Just sayin'
Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community."
The treaty was negotiated and first signed under former President George W. Bush and signed again by President Obama in 2009. At least 153 other countries have signed it. In December, 2012, the U.S. Senate fell five votes short of the two-thirds majority needed for confirmation as dozens of Senate Republicans objected that it would create new abortion rights and impede the ability of people to homeschool disabled children. Thanks to this small group of senators, the U.S. is one of only a small handful of countries--together with Syria, Libya, and Tajikistan--that has signed but failed to ratify the Convention.
If you research the history of this law, you'll see some people arguing that the Convention does not do anything that the ADA doesn't already do for disabled people in the U.S. I submit that the Convention clarifies that adequate in-home care is a human right, not just a civil right, and it also clarifies that the country's obligation is to provide all necessary in-home care, which we know is currently not being provided to PALS by Medicare.
Just sayin'
