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In 2008 the United Nations ratified and adopted the Convention on the Rights of People with Disabilities (CRPD). In 2009 President Barack Obama of the United States signed it, but the U.S. Congress has since failed to ratify it.
The Convention on the Rights of People with Disabilities (CRPD) is an international treaty with the purpose: to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
Being inclusive in the definition of disabilities the treaty defines persons with disabilities to: include those who have long-term physical, mental, intellectual, or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Yes, that includes Autistic people. You see while Autism is not a disease, it is by multiple standards considered a disability. This is a complex concept, especially considering we assert that we are a different neurotype, not diseased.
The reality is that disability has been saddled with stigmas throughout time, but it is not a bad thing. The Disabled Community is proudly claiming the term Disability to destigmatize it and give it validity. Just as Autism is not a bad thing and needs to be destigmatized, the same goes for Disability. There is no reason not to accept that Autism is a disability.
Image description: blue hammer white text reads Smash Ableism white background.
The document goes on to lay the foundation for international disabilities rights and freedoms, and the responsibilities of the parties who have signed and ratified the treaty toward ensuring the rights and freedoms are upheld.
In Article 3 the CRPD outlines the general principals as follows:
(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
(b) Non-discrimination;
(c) Full and effective participation and inclusion in society;
(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
(e) Equality of opportunity;
(f) Accessibility;
(g) Equality between men and women;
(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
Let us talk about these principals for a moment. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons opens up a world where disabled people, including Autistics, are viewed as competent people and asserts their rights to live full lives with self-determination. This is a significant right to protect and ensure, as in many parts of the world Disabled people (including Autistics) have been considered incompetent and their autonomy and independence stripped of them.
Non-discrimination, as well as equality of opportunity, and full and effective participation and inclusion in society, are substantial rights that when protected will combat ableism and afford Disabled people equal opportunities and improve their overall interactions within their communities. These go hand in hand with respect for difference and acceptance of persons with disabilities as part of human diversity and humanity.
Accessibility is one of the most essential ways to create equity for disabled people. Without accessibility, many parts of society are not available to disabled people. You might imagine things like ramps and wide aisles for wheelchair access or sign language interpreters for Deaf people, but since there are a wide variety of disabilities and no two people are alike there are numerous variations of accessibility needs.
Now personally I believe they should have been more inclusive in the gender equality point such as equality for all genders rather than only two options, but aside from that, the idea of gender equality is a valuable principle to include.
Lastly, we look at the principle of respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. Too many Autistic (and other Disabled) children have had their rights stripped of them for the convenience or comfort of an uninformed society. Many were institutionalized, some put through “treatments” and “therapies” both in and out of institutions, all of them deprived of their dignity. This new view will provide a whole new generation with support and tools to live full lives devoid of trauma and indignities.
This last principle is reinforced later in the responsibilities of the parties of the treaty. Article 7 describes the responsibilities toward children with disabilities:
1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.
3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.
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The CRPD outlines the general obligations of the parties of the treaty in Article 4. Article 4 section 1 specifies that the parties will undertake:
(a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;
(b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;
(c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
(d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
(e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
(f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;
(g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;
(h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
(i) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in the present Convention so as to better provide the assistance and services guaranteed by those rights.
By now we can see how the Convention on the Rights of People with Disabilities is valuable and meaningful in ensuring the inherent human rights for all Disabled (including Autistic) people.
Now, I am sure there are those in the United States that believe that they do not need this treaty to ensure these rights since they have laws and agencies in place to ensure them in the United States.
The thing is, even if those laws and agencies are sufficient to accomplish what the CRPD does, it is not just about accepting these principles and responsibilities within our own country. It is also about holding everyone accountable internationally.
It also just might provide more protections than currently exist in the United States, potentially critical distinctions that would make a bigger difference in the lives of Disabled (including Autistic) people.
I could go on all day on the specific categories of responsibilities of the parties of the treaty. Instead, I will share a few more significant highlights. If you wish to learn more in depth about the CRPD, check it out at https://www.un.org/disabilities/documents/convention/convoptprot-e.pdf.
I found a number of these categories fascinating and promising.
The parties of the treaty agreed to protect rights of Equality and Non-Discrimination in Article 5.
The parties of the treaty agreed to protect rights of Women with Disabilities in Article 6 and for Children with Disabilities in Article 7.
I will not go into great detail on these as they are similar in nature to the previously quoted sections but separated out for specificity.
What I am extremely interested in is Article 8. At first Article 8 made me cringe at the title because, as an Autistic person, I have become wary of Awareness campaigns regarding Autism. Most of these campaigns lean toward supporting parents and others dealing with the Autistic person and vilifying autism like a disease that has stolen their child.
However, being thorough I read Article 8 and became intrigued and encouraged by the goals laid out within it. Article 8 of the CRDP is as follows:
Article 8 Awareness-raising
1. States Parties undertake to adopt immediate, effective and appropriate measures:
(a) To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;
(b) To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life;
(c) To promote awareness of the capabilities and contributions of persons with disabilities.
2. Measures to this end include:
(a) Initiating and maintaining effective public awareness campaigns designed:
(i) To nurture receptiveness to the rights of persons with disabilities;
(ii) To promote positive perceptions and greater social awareness towards persons with disabilities;
(iii) To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;
(b) Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;
(c) Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention;
(d) Promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities.
Section 1 of Article 8 is especially promising in my opinion. To promote appropriate and accurate awareness at the family level (as well as society) is critical for the health and safety and wellbeing of all Autistic people. Too many families have been led astray by false information and fear mongering. Believing Autism to be a depressing diagnosis that promises only short lifespan and poor quality of life because they were led to believe it is a disease that wreaks havoc on the diagnosed and the family both. Driven by fear mongering into following misguided and malicious advice to treat their children in ways that are inhumane with the promises that it will “cure” or “help” their children.
We desperately need greater spread of accurate and appropriate information to those families and to society as a whole. Combatting stereotypes and encouraging assuming competence are critical factors to changing societal perspectives of Autism.
Now, for Article 8 to work the way it is intended to, for Autistic people that would require people that would be promoting these awareness initiatives to have a better understanding of lived experience of Autistic people and to truly understand that it is not a disease, and it is not, nor does it ever need to be “prevented”, “cured”, or “trained” out of us.
Rather than narrow in on even more of the details of this document I would like to move on to what needs to happen for this to actually matter. The reality is that since this was ratified and put into force by the UN in 2008 and numerous countries have signed and ratified it, it appears to have missed the mark for ensuring these rights for Autistic people worldwide. Additionally, as I have mentioned, for those of us in the United States, it has been signed but not yet ratified.
So, what do we do? The purpose of this document was for all parties to the treaty to uphold their end of the treaty as well as hold each of the other parties accountable to it. It appears to me that not enough of the parties are putting this into effect regarding Autism. So, it is time for Autistic people to hold all the parties to the treaty accountable to their responsibilities to uphold these principles and responsibilities.
I encourage you, as I have begun to, to write to your congress if you are in the United States, urging them to ratify the CRPD. If you are outside of the United States, look into how your country is participating or falling short and see how you can get involved. For all Autistics, we need to continue to educate the world around us and change the narrative surrounding Autism.
