CRPD: Implementation for the people, by the people

** As the IHR and other sponsors prepare for the “Symposium on Disability Rights,” the next few weeks will highlight some posts from the past as well as feature new posts written to provide some background into the various panel focuses.  

* This is a repost from summer 2017.

a picture of the CRPD CoSP banner outside of the UN
Source: Ajanet Rountree

The UAB IHR team had the opportunity to participate as rapporteurs in the Conference of State Parties (CoSP) annual meeting at the United Nations headquarters in New York City. In accordance with Article 40 of the Convention on the Rights of Person with Disabilities (CRPD), CoSP consists of convention signatories responsible for the implementation of the Convention. This annual meeting is the “most diverse international disability meeting in the world” because it brings together UN agencies, non-governmental organizations, human rights institutions, disabled persons organizations (DPOs), and civil society.

Estimated at 1 billion, persons with disabilities are the largest minority worldwide, facing considerable marginalization in every day life. The CRPD is the first human rights treaty of the 21st century, with the expressed purpose of ensuring that “all persons with all types of disabilities…enjoy all human rights and fundamental freedoms”. Adopted by the United Nations General Assembly in December 2006, the CRPD is the first treaty “open for signature by regional integration organizations” (app) who exercise the social development dimension by changing attitudes and approaches to persons with disabilities.

The UN Enable website designates the mandate of CRPD as “the movement from viewing persons with disabilities as “objects”  of charity, medical treatment, and social protection towards viewing persons with disabilities as “subjects” with rights, who are capable of claiming those rights, and making decisions for their lives based on their free and informed consent as well as being active members of society.” In other words, CRPD focuses on the human being rather than the disability, and its implementation teaches the world to do the same. As of November 2016, 168 states and the European Union ratified the Convention; the United States has not.

The CRPD presents a disabled perspective to an able-bodied norm. Through the CRPD, persons with disabilities– disempowered through invisibility that is rooted in an able-bodied world, which often forgets their existence—benefit as their human rights infuse with other conventions, standards and norms of treatment.

a map of the nations that have and have not ratified the CRPD
Source: UN Enable

Janet Lord argues that the language utilized in the CRPD reinforces the need to reframe disability as a contribution to society, rather than a hindrance. Pointing to the American Disability Act (ADA) as a stepping-stone to the CRPD creation, she makes a clear delineation that CRPD is not an international version of ADA. “[CRPD] provides a framework for the development of disability rights in countries that is, in large part, inspired by the principles and concepts found in the ADA—nondiscrimination, inclusion, autonomy, human dignity. Like any other human rights treaty, the CRPD seeks to ensure that the human rights to which all are entitle are actually implemented for persons with disabilities.” She hones in on two essential themes of the CRPD: non-discrimination and employment.

First, non-discrimination is all-inclusive as defined in Article 2 and outlined in Article 5. “Discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including the denial of reasonable accommodation.” Akiko Ito, Chief of the Secretariat for the Convention on the Rights of Persons with Disabilities, insists the need for at least two perspectives, disabled and gendered, when mainstreaming disability as a measure to counter discrimination. Unfortunately, the layers of discrimination are not limited to two perspectives; therefore, it is necessary to include race and/or ethnicity, given the intersectionality of an individual life.

Second, barriers to employment reinforce exclusion and marginalization. While employment barriers differ depending on the disability, the overarching concept lies in accessibility. As an able-bodied person, I take accessibility for granted. Consider how a wheelchair user gets to work if there is not access to a bus, cab, or car that is accessible; or how a visually impaired person gets information from the internet, if there is no voice-over technology. Article 27 of the CRPD challenges and demands the labor market to be “open, inclusive and accessible…by taking appropriate steps” for persons with disabilities to participate and enjoy the right to work. UN Enable reports that there is difficulty in obtaining data on persons with disabilities, specific to employment; however, here some of what we know:

  • In the US, a 2004 survey reported that 35% of persons with disabilities have employment when compared to 78% of the rest of the population.
  • China has an estimated 83 million persons with disability – that is 6.3% of the country’s population
  • In Ireland, 37% of persons 15-64 have a disability and are employed
  • Thailand states that 1.3 million of the 4.8 million persons with disabilities are working age
  • 70% of Russia’s disabled population is unemployed

The rights to employment and non-discrimination fall into the categories of economic and social affairs. While CoSP ensures the practical application of the CRPD on the local level, the Department of Economics and Social Affairs (DESA) advises, develops, and oversees policy creation and the implementation of CRPD on the national level. Ito explains, “DESA works to support the development pillars of the United Nations – peace and security, and human rights.” CRPD and its implementation align with the 1945 UN Charter that seeks to identify progress in economic and social development, and promote human rights through the creation and maintenance of a peaceful and prosperous world.

The role of civil society is imperative in the implementation of the CRPD. Article 33 makes allowance that persons with disabilities and their organizations are involved and participate in the monitoring process; this outlet is CoSP. Civil society participation is uncharted territory as no other human rights treaty acknowledges the advocacy, accountability, and the representation of NGOs. By recognizing the mandates and positions of NGOs within communities and around the globe, CoSP is striving to ensure the full inclusion of persons with disabilities into an accessible and accepting society. To be clear, the implementation process is complex, difficult, and far from over. Fortunately, having persons with disabilities led and dominate discussions, CoSP represents a microcosm of dedicated innovation and a relentless pursuit of excellence as they collaborate to create, maintain, and reframe equal representation of human rights through participation and partnership.

Over the course of this week, the team will share personal experiences and takeaways from this incredible week that included the official launch of the CRPD app and sharing of Making Disability Rights Real in Southeast Asia by Dr. Derrick Cogburn and Dr. Tina Kempin Reuter.

 

 

Old Habits Die Hard: The Self-Perpetuating Cycle of Ageism

Most of us have been told at some point to respect our elders. Opening doors, assisting in street transit, carrying groceries — all of these social niceties are expected to be paid specifically to older members of society. Respect for elders seems to occur universally as a cultural norm. Korean culture joyfully celebrates the one’s sixtieth birthday as the passage into old age, while honorific suffixes such as “-ji” in Hindi and “mzee” in Swahili indicate longstanding cultural respect for one’s elders. Some Ecuadorian cultures believe that their elder shamans, or mengatoi, become powerfully magical as they age (Jacobs). China even made it illegal to neglect one’s parents, outlining the legal duties of adult children to include frequent visitation and “occasional greetings” (Wong). Older people in America engage in vigorous self-advocacy, making the AARP one of the largest interest groups in the nation at nearly forty million members.

Happy Parishioners. Source: Joonas Tikkanen, Creative Commons.

So why then does society reflect the exact opposite of these norms? Old people are treated as feeble, unfortunate beings who are shown courtesy in public and yet face widespread discrimination. Both pernicious and insidious, ageism is defined as “the stereotyping and discrimination against individuals or groups on the basis of their age; [forms of ageism can include] prejudicial attitudes, discriminatory practices, or institutional policies and practices that perpetuate stereotypical beliefs” (World Health Organization). Ageism is an “ism” that is just as socially impactful as other forms of discrimination, yet the topic is rarely addressed and often disregarded. Despite lack of discursive engagement, ageism is a unique type of social discrimination in that it can transcend all other human identities. The process of aging affects every human being regardless of one’s sexuality, race, and political ideology. Most of us will eventually pass the cursed line that society demarcates between youth and old age and must suffer from the hostile, deeply discriminatory system that we ourselves once benefited from in our youth — and what a pervasive system it is. Surveys show that a whopping 80% of people over sixty have experienced some form of ageism (Dittman). Tad Friend supplies this neatly unpacked explanation in an article published by the New Yorker:

Like the racist and the sexist, the ageist rejects an Other based on a perceived difference. But ageism is singular, because it’s directed at a group that at one point wasn’t the Other—and at a group that the ageist will one day, if all goes well, join. The ageist thus insults his own future self.”

The Long Road. Source: Hansel and Regrettal, Creative Commons.

In just two years, it is predicted that more people will be over the age of sixty-five than under the age of five for the first time in Earth’s history (United States Census Bureau). In fact, according to the United Nations, the number of older persons is increasing more rapidly than other age group. This phenomenon is known as the “graying” of a population, and constitutes an urgent issue for affected countries. As people age, they become less able to physically care for themselves and usually exit the workforce at some point to retire for the latter part of their lives. As health conditions do generally worsen with age, the demand for medical and/or personal support services grows as older people continue to age and retire.

This becomes an issue when the size of a country’s workforce becomes insufficient to fill the demands of service-dependant older people. In nations with large workforces, the opposite issue — lack of opportunity for employment — still disproportionately harms older people. Many industries, particularly in America, push out older applicants and terminate veteran employees in favor of younger options. As industry culture has begun to tilt in favor of youth, older people have experienced a massive amount of workplace ageism. Nearly 65% of Americans between the ages of 45 and 60 had either seen or experienced age-based discrimination in the workplace (AARP). This may seem like a trivial issue, but unemployment is a dangerous state to endure at advanced ages. Worsening health conditions go hand in hand with both lower income and increased age; the combination of these factors can be fatal.

An elderly Sudanese womangets ready to receive her ration of emergency food aid.
Elderly Woman Receives Emergency Food Aid. Source: Tim McKulka/UN Photo, Creative Commons.

So why does ageism even exist? Princeton researchers found that most ageist arguments stem from issues with consumption (old people already consume too many scarce resources), identity (old people try to act younger than they are), or succession (old people had their turn, now they should move out of the workforce/society to make space for the new generation). All of these issues — consumption, identity, and succession — frame humanity in a way that associates one’s value with their usefulness to society. However, human beings should not be defined by their utility. Simply put, old people exist. They form one of the largest populations on the planet, and are rapidly growing. We cannot deny older people the dignity that we (supposedly) award to all else simply because they are perceived as “useless” to society. Human rights cannot and should not be applied conditionally.

This unfortunate phenomenon is surrounded by the related topic of disability. According to the 2016 Disability Statistics Annual Report, 35.4% of Americans over the age of 65 had a disability, which is over three times higher than the rate of working-age (18-64) Americans at 10.4%. Like advanced age, disability is also perceived as a barrier to social utility. Age and disability together form a potent one-two punch of compound discrimination, making older people with disabilities extremely vulnerable to abuse and exploitation.

An old woman sits at a window next to a yellow flower in a vase.
Untitled. Source: Bas Bogers, Creative Commons.

Elder abuse, as it is termed, is widespread but often under-reported. National rates are reported to be around 10%, though researchers at the prominent New York Elder Prevention Society found self-reported rates of elder abuse to be up to 24 times higher than the documented rate. Only 3% of  older people in New York officially reported any form of elder abuse, though nearly three-quarters self-reported that they have experienced neglect or financial, physical, sexual, and emotional abuse. This number may be inflated by the instances where individuals experience multiple types of abuse, making exact numbers more difficult to isolate. The most common forms of elder abuse are financial and physical/sexual abuse, which can occur concurrently.

Nursing homes, meant to protect and nurture their patients, are actually one of the most dangerous environments for vulnerable older persons with disabilities. The Nursing Home Abuse Center reports a nursing home abuse rate of about 44%, and a neglect rate of nearly 95%. Elder abusers are rarely prosecuted due to stigma, social isolation of the victim, lack of support services, inaccessible reporting, and proximity of abusers. Relatives constitute about 90% of elder abuse perpetrators, which often makes the victim reluctant to prosecute their own spouses, adult children, or other relatives.

Skin. Source: Victor Camilo, Creative Commons.

Direct abuse and neglect of the elderly is widely sustained by the deeply pervasive public attitude of hostility towards aging. Beauty products are regularly marketed as “anti-aging,” covering up the crows’ feet, varicose veins, liver spots and silver hairs that inevitably accompany a well-lived life. Most of the stigma is inevitably directed at aging women, as femininity carries the heavy burden of visual appeal. The cosmetic surgery industry is booming as women are pressured to appear as veritable supermodels long after the glow of youth has faded. Social media surrounds us with visuals of gorgeous, toned, smooth-skinned women who never seem to age a day, while the rest of us have to keep up with whatever products, surgeries or diets we can find.

Gone are the days where women past a certain age could relax into frumpy mom jeans and orthopedic tennis shoes without fearing judgment. Modern grandmothers now face the strenuous expectation to maintain a Helen Mirren-esque figure with the style and poise of Meryl Streep. Notably, these two women are some of the very few well-known older actresses; both have had to work tirelessly to achieve that notoriety, considering Streep’s record-breaking two-dozen Academy Award nominations and Mirren’s prestigious Triple Crown of Acting that has only ever been awarded to 23 people. It’s undeniable that Hollywood has a major problem with representation of women over thirty. Men in the acting industry get a few extra decades of “silver fox” stardom while women face rejection at first wrinkle.

An older couple links arms as they carry bags and walk together.
Lean on Me. Source: Amro, Creative Commons.

Ageism sometimes feels like an inescapable facet of society, but it shouldn’t have to be. Encouraging and celebrating old age will eventually serve to benefit everyone, as positive attitudes towards aging have been shown to increase lifespan by nearly eight years. Elderly people have had autonomy and dignity systematically stolen from them through attitudes of derision and pity– they are constantly viewed as either cantankerous burdens to society or doddering, wretched old fools.  One’s social contribution or lack thereof should not be a determinant in preserving human dignity. After all, human rights are for all humans, right?

From here, we have to do better on a global scale. Any success in reducing ageism requires confrontation of our own internal prejudices, since youth are the major perpetrators of age-based discrimination. The efforts we make today in reducing oppression for older individuals will directly impact our future experiences. Psychologists have found three major components essential to active engagement in fighting ageism:

  1. Social integration
    • Often, elderly individuals are unable to fully participate in society due to social hostility and lack of accessibility. Many of us have not been educated on topics relating to older people, and some even may find engaging with the elderly to feel uncomfortable. Fuller integration into society would foster respect for the aged community, as increased public presence of older individuals would promote culture of tolerance.
  2. Reduce cultural shame
    • Current media culture is incredibly toxic towards older people, and portrays the elderly in a negative light far too frequently. Advertisements should attempt to portray older people with respect to their human dignity, rather than the foolish, bumbling representations that are far too common in current media.
  3. Accept aging as a fact of life
    • Ageism often stems from personal fears of death and dying. This fear is incredibly common but damaging to both society at large and to individuals who hold them– ironically, negative attitudes towards aging have been shown to decrease lifespans. To combat this, old age should be normalized and celebrated.

Clearly, ageism is not something that can be eradicated at all once. It requires active change on both an institutional and personal level, as age-based discrimination is deeply ingrained in cultural attitudes and everyday interactions. Monumental as it may seem, ageism is still an issue that we must tackle if we ourselves are to experience old age with the dignity that all humans deserve. So remember to always respect your elders, whether out of regard for human dignity, self-preservation, or both.

UNITY: A BEAUTIFUL GUMBO

by GABRIEL WRIGHT

a photo of a jacket that reads "we're all in this together"
togetherness. Source: Jonny Hughes, Creative Commons

** I read and utilized Dr. Martin Luther King, Jr. book, Why We Can’t Wait, as the basis of this blog. The page numbers (xx) refer to the specific edition in the hyperlink.

One of my grandfathers was an old Cajun from south Louisiana who cooked gumbo when I was a kid.  His gumbo was always different because it was always full of whatever meat he had available at the time. Once, it consisted of duck with sausage and crab, while another time, it contained shrimp, chicken, and sausage. No matter what the ingredients, the gumbo was always good.

Growing up my parents were pastors and missionaries. We moved…a lot! I learned at a young age that to have friends I would have to accept people with all their differences. I attended eight different schools, in two states and three countries from kindergarten through graduation.  I was the outsider often.  Rejection became my norm. In 7th grade, we lived in Auburn, Alabama. I was not cool enough to sit with the white kids at the lunch table so I became the palest face in at the end of the other table. In high school, my friends and I called ourselves, “The Losers”,  a ragtag bunch of racially diverse rejected kids that included guys from the Philippines and Nepal.

Accepting differences is an essential step to developing unity. Every person, regardless of skin color or background, can wage war against injustice without having a national stage. The fight to right injustice is overwhelming; the enormity of the task can produce fear that paralyzes, causing many to do nothing. Therefore, I prefer to think that there are small battles to be won every day which come through the removal of fear and the creation of change. Unity exists on the other side of the willingness to change. Here are some strategies and keys to remember that can help us bring about change to achieve unity.

First, discrimination, including racism has a spiritual element. I used to think that racism was a preference or color issue. Now I realize racism is a heart condition. If I were to offer any solution to our current state of unrest and violence, it would begin with prayer. I realize it does not sound like a solution because there is no visible action; however, not everything is visible. The Apostle Paul, in his letter to the Ephesians, says that we do not fight against flesh and blood enemies, but against spiritual unseen forces. Dr. King understood this principle well.

The nonviolent direct action of the Birmingham Civil Rights movement was brilliant. King understood that combating people like Bull Connor with physical violence would result in colossal failure. To be a part of the movement, each participant had to commit–not only to the cause of freedom and the values of non-violent direct action–but to prayer (68). People say, “we need to pray for our nation” to no longer remain divided by racism. Often, prayer for the nation looks like an outward one, directed at the heart of someone else, rather than an inward one, directed at your own heart. King David, prayed in Psalm 139, “Search me…know me…test me, and see if there is anything in me that offends you…”  The first step in overcoming division in the nation is identifying division in the heart. Ask God to reveal if there is division in your heart. The Bible calls for repentance. It sounds like a fancy church term but it simply means to turn away from what is wrong and move toward what is right.

Second, stereotypes distort and divide. Stereotypes are widely held but fixed and oversimplified ideas or perceptions of people. Dr. King asserted that the March on Washington dealt a heavy blow to the perpetuated stereotype about blacks. “The stereotype of the Negro suffered a heavy blow. This was evident in some of the comment, which reflected surprise at the dignity, the organization and even the wearing apparel and friendly spirit of the participants.  If the press and expected something akin to a minstrel show, or a brawl, or a comic display of odd clothes and bad manners, they were disappointed” (153). The decision to shatter stereotypes is not about being or becoming a false version of yourself; it is more a decision to recognize that we are not bound to act like the stereotypes placed upon us.  As a pastor, one of the stereotypes I battle against is that all I want is your money. My plan was to be generous toward our people and to never ask for money from our visitors so when I planted my church, I decided that I would not give anyone a reason to believe that stereotype. Stereotyping is the byproduct of a spirit of division. Abraham Lincoln famously quoted Jesus Christ in saying, “A house divided against itself cannot stand”. The best way to bring down a nation, organization, or family is through division.

a picture of Dr. King at the March on Washington 1963
Martin Luther King Jr National Historic Site, Creative Commons.

I can see that spirit operating against Dr. King and the movement in 1963. The bombings began after the movement achieved great victories and won many converts to the side of justice. “Whoever planted the bombs had wanted the Negroes to riot. They wanted the pact upset” (128). The stereotype of blacks had been unsubstantiated rhetoric, used to undervalue and suppress. It was with this in mind–the spirit of division–that pushed men to plant bombs, knowing it would give rise to violence and division, not only between black and white, but within the African American community itself. Thankfully, Dr. King and Rev. Shuttlesworth had taught the African American community about the spiritual as well as the physical. “I shall never forget the phone call my brother placed to me in Atlanta that violent Saturday night.  His home had just been destroyed.  Several people had been injured at the motel.  I listened as he described the erupting tumult and catastrophe in the streets of the city. Then, in the background as he talked, I heard a swelling burst of beautiful song.  Feet planted in the rubble of debris, threatened by criminal violence and hatred, followers of the movement were singing ‘We Shall Overcome’” (128). The movement realized that they were not fighting flesh and blood, which would be a losing battle; but in the spiritual, with prayer and song.

Never let a stereotype define you. Look for opportunities to deal stereotypes a “heavy blow”.

Third, understand that meekness means strength under control. Many people were against Dr. King’s stance on non-violent direct action. For them, action without retaliation was weakness, not strength, specifically when Connor turned water hoses on protesters. Jesus once said, “The meek will inherit the earth”. When we are meek, it doesn’t mean that we are lowering ourselves, but we are controlling ourselves and taking the ammunition away from our enemies.

Next, we cannot expect to overcome injustice and racism without setting up the next generation. I’ll never forget my friend Cedric. He lived in a very violent, crime ridden government housing project. I lost track of him (this was before Facebook and cell phones) because he moved away. His mother decided that she wanted better for her son; therefore, she worked hard, saved money and looked to provide her son a better situation. Dr. W. E. B. Du Bois developed an ideology called the “talented tenth”, in which some African Americans to rise, pulling the mass up with them. King disagreed with this philosophy in the 1960’s because, at the time, African Americans had no real way of creating a better life as individuals, let alone as a group (28). Today that is not necessarily the case.

a picture of a puzzle piece fitting into another one
Putting The Puzzle Together. Source: www.SeniorLiving.Org, Creative Commons.

I understand that things can always be better, but in today’s world, there is a path for success. There have been many African Americans that have navigated the ladders of success in politics, sports, entertainment, medicine and business. You may say, “it is easy for a white person to rise up”, and while that is true, it does not mean that a person of color cannot.  We will only accomplish what we think we can accomplish. I love to hear about millionaire athletes, who, through hard work and good choices make it out of bad situations, turned their lives around, and give back to their community.  There is a need for more people to show the way; to educate and mentor the next generation in the ways of life, including finances and relationships. Over my years of ministry, I have found that people need more than a handout. The old saying, “give a man a fish and you’ll feed him for a day, but teach a man to fish and you’ll feed him for a lifetime” is true.  As the “talented tenth” begin to use their influence to not just help, I feel we can and will see a shift in the balance of justice and equity. When people understand that their platform and influence is not for their glory, but to serve others, then we will be on the path toward victory.

Finally, as a friend and I were talking one day, he told me of a church that wants to become more multiracial but just can’t seem to “crack the code”. Curious, I asked him, “Why do African Americans attend our church?” We don’t sing gospel. I don’t preach like T.D. Jakes or Tony Evans, and we don’t do anything to appeal to any one race over another. I believe his responses are simple and effective ways to begin the healing process between the races and start moving toward justice in our nation:

  1. You don’t try to appease.  People know when you are being fake.  When we try to be something we are not, we usually come across as offensive.
  2. You have African American friends.  We need to make friends with people of different races, not to put a notch on our belt, but to really expand our circle of relationships.
  3. You love people.  When you set your heart to love and accept people, it become contagious.
  4. You promote African American people.  At our church, we don’t have token African American leaders.  We have leaders, and some of them happen to be African American.

I pastor a wonderful little church in Birmingham, Alabama. Our church is a beautiful “gumbo” of colors, classes, and countries. In this current climate of racial tension, it is my heart to have place where people can catch a glimpse of heaven…a glimpse of Dr. King’s dream for America; a place where black and white don’t just attend together, but do life together. We aren’t perfect but we fight for unity, peace and most importantly, love. I believe our nation should be like that gumbo…different flavors and backgrounds coming together to create something wonderful.

 

Gabriel Wright, along with his wife Perry, started and pastor Gateway Family Church in Birmingham, AL. They have three children.