The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United Nations in 2006, is one of the most important treaties ever negotiated because of its broad scope, global acceptance, and noble ideals. It declares that all disabled people have rights to equality, education, housing, employment, dignity, and independence. The CRPD affects a billion people who are disabled, many more people who will become disabled in the future, and billions more of their friends and family members. As of today, 187 countries have signed the CRPD and 177 of those nations have ratified it.
The main question surrounding the CRPD is about enforcement – whether it is ‘hard law’ that will actually be implemented, or whether it is ‘soft law,’ a mere promise of rights without the means to enforce them. In International Disability Law: A Practical Approach to the United Nations Convention on the Rights of Persons with Disabilities, Coomara Pyaneandee argues that the CRPD may fall short of qualifying as hard law but is definitely not a disappointment. He also makes an impassioned defense of the human rights model of disability, in which disabled people are viewed as rights-holders entitled to fair treatment rather than sick people in need of medical care.
Pyaneandee is a British-educated barrister from Mauritius with a tremendous knowledge of international disability law. He is also a Vice-Chairperson of the UN Committee charged with monitoring and enforcing the CRPD, so he provides an insider’s perspective on the decisions made by the Committee. Pyaneandee admits there may be some merit to the ‘soft law’ theory (195), but he argues that the theory is losing ground because the Committee advances the rights of disabled people by monitoring countries’ compliance and attempting to enforce the treaty’s requirements (194). He argues that the discretion of nations to disobey the Convention ‘is being constantly fettered’ (195). Pyaneandee uses many primary sources such as decisions and comments by the Committee, decisions of other courts, and other human rights treaties.
Pyaneandee’s argument has some merit. The CRPD requires that all member states collect data, compile statistics, and submit written reports to the Committee. Countries must exchange written correspondence with the Committee regarding their efforts to comply with the treaty’s provisions. Ninety-two nations also signed an optional Protocol that gives the Committee power to hear and decide cases alleging treaty violations. The Protocol turns the Committee into a judicial body with power to make written decisions. But the Committee’s power is limited because its decisions are not enforceable; even if it finds a nation has violated the CRPD, sanctions cannot be levied against the offending country.
One of the most important cases decided by the Committee shows the limits of its power. In the Inquiry Concerning the United Kingdom of Great Britain and Northern Ireland, the Committee considered a claim that austerity measures instituted as part of the United Kingdom’s welfare reforms violated the requirements of the CRPD. The Committee instituted its own investigation and issued a 22-page ruling concluding the austerity measures constituted ‘grave and systematic violations’ of the treaty because they had a discriminatory effect on persons with disabilities. In response, the United Kingdom did not change its policies; it merely filed a 30-page memorandum disputing the Committee’s holding and rebutting each argument. No sanctions were levied against the United Kingdom, so there were no consequences of the allegedly grave and systematic violations.
Pyaneandee acknowledges that the CRPD has been difficult to enforce because countries often do not live up to the Convention’s requirements. He writes: ‘The eloquent words contained in countries’ action plans were frequently not implemented’ (32). He mentions the UK case and argues that the United Kingdom should abide by the Committee’s decision pursuant to its own laws, but it is clear the Committee’s rulings really cannot be enforced. His argument that the CRPD is effective rests on firmer ground when he writes that the Convention brings global attention to the plight of disabled persons and changes the way countries deal with discrimination. He correctly asserts that the Committee’s writings are effective at counseling nations and guiding them toward compliance even if it cannot enforce its decisions. Countries are also required to exchange written correspondence with the Committee. He writes: ‘The CRPD Committee has contributed to shaping the way in which society thinks of disability-based discrimination and associated legislation and policy’ (32). The Committee has also been effective at promoting the human rights model, which changes the way the world views people with disabilities and gives moral authority to the global disability rights movement.
Pyaneandee’s book is an excellent treatise highlighting the contributions of the CRPD and defending the new paradigms of disability rights law that are emerging from the Committee’s writings. International Disability Law is an important work, not only because of the author’s position as Vice-Chairperson of the Committee but also because of his encyclopedic knowledge of international law. The book is a ‘must read’ for anyone interested in disability rights laws or human rights treaties because it provides insight into the thinking behind the decisions made by the Committee. One flaw of the work is that it does not deliver what the title promises. The book focuses on academic matters such as the definition of disability, but does not provide practical suggestions for implementing the requirements of the treaty. The book also uses too many acronyms, so readers without great background knowledge of the CRPD and other human rights treaties are likely to be confused. The subject might be better served with more practical advice at a slower pace, but, taken as a whole, Pyaneandee gives us a well-written, worthy explication of an important and timely subject.
Harvard University Extension School, Cambridge, MA, USA
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