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Medical Whistleblower Advocacy Network
Disability Rights
Written Testimony regarding
Treaties, International Mechanisms and Domestic
Implementation
UPR Town hall July 20, 2015
Marshall Center, U.S Department of State, Washington DC
Regarding: MWAN Submission to the
United Nations Universal Periodic Review of
United States of America
Second Cycle, Twenty Second Session of the UPR
Human Rights Council
Medical Whistleblower Advocacy Network
Contact Name: Dr. Janet Parker DVM
Email: MedicalWhistleblower@gmail.com
Medical Whistleblower Advocacy Network (MWAN) acts as a grassroots advocate for
human rights for disabled persons and other individuals. MWAN provides information,
referrals, and also direct human rights defender advocacy services.
The United States of America has affirmed to the UN General Assembly that all are
created equal and endowed with inalienable rights. The Americans with Disabilities Act
(1990) was passed by the US legislature to prohibit discrimination against persons with
disabilities. Medical Whistleblower Advocacy Network asks that the USA now ratify the
Convention on the Rights of Persons with Disabilities. The Medical Whistleblower
2
Advocacy Network reported in the MWAN 2015 UPR report that:
"President Barack Obama signed the Convention on the Rights of Persons with
Disabilities treaty in 2009 and sent it to the U.S. Senate for ratification. Medical
Whistleblower Advocacy Network (MWAN), The National Council on Independent
Living (NCIL) along with many other disability advocates rallied the Senate
alongside the U.S. International Council on Disabilities (USICD). Former Senator
Bob Dole lead a bipartisan effort of support to secure the 2/3 Senate vote needed
for ratification. Unfortunately on December 4, 2012 the super-majority needed was
not reached. Again in 2013 Foreign Relations Committee Chairman, Robert
Mendez held two successful hearings on CRPD ratification, but because of
opposition the CRPD was not passed. Committee Chairman Mendez brought the
matter again forward in 2014, supported again strongly by former Senator Bob
Dole and many organizations for the disabled and veterans."
Medical Whistleblower Advocacy Network recommends immediate ratification of the
CRPD as stated in our 2015 UPR report. (UN Summary, Office of the United Nations
High Commissioner for Human Rights, Human Rights Council, Working Group on the
Universal Periodic Review, Twenty-second session, 4–15 May 2015,
A/HRC/WG.6/22/USA/3, JS8 paragraph 4). Medical Whistleblower Advocacy Network is
concerned that violations, including denial of legal capacity and discrimination against
persons with disabilities, are still occurring. (A/HRC/WG.6/22/USA/3, JS8 paragraph
85).
The following countries endorsed the specific recommendation that the USA ratify the
Convention on the Rights of Persons with Disabilities (CRPD) (Draft report of the
Working Group on the Universal Periodic Review United States of America, May 15,
2015, ( A/HRC/WG.6/22/L.10):
Nepal 5.18
Sierra Leone 5.19
Kazakhstan 5.20
Australia 5.21
Indonesia 5.24
Ghana 5.32
New Zealand 5.32
Hungary 5.35
Czech Republic 5.38
Chile 5.55
Islamic Republic of Iran
5.57
Guatemala 5.59
Canada 5.59
Bosnia and Herzegovina
5.59
China 5.59
The following countries wrote in support of the recommendation that the US ratify the
international human rights instruments from which the US is still not a party (this
includes the ratification of the CRPD):
Peru 5.1
Nicaragua 5.2
Purinational State of
Bolivia 5.3
Germany 5.4
Viet Nam 5.5
Israel 5.6
Panama 5.7
Tunisia 5.8
Russian Federation 5.9
Gabon 5.14
3
Bolivarian Republic of
Venezuela 5.72
Uruguay 5.74
The United States does not have a national human rights institution accredited by the
International Coordinating Committee of National Institutions for the Promotion and
Protection of Human Rights. Medical Whistleblower Advocacy Network recommends
that the United States (U.S.A.) establish a national human rights institution in
accordance with the Paris Principles. Medical Whistleblower Advocacy Network
recommends also that the U.S.A. review laws at the federal and state levels with a view
of bringing them in line with US’s international human rights obligations.
(A/HRC/WG.6/22/USA/3, JS8 paragraph 12) Medical Whistleblower Advocacy Network
also recommends the establishment of a human rights institution at the federal level in
accordance with the Paris Principles. Medical Whistleblower Advocacy Network
supports the recommendation by Cyprus that the USA “Take concrete steps towards
ratifying the Rome Statute of the International Criminal Court as early as possible.”
(Cyprus 5.70)
Medical Whistleblower Advocacy Network recommended incorporating human rights
training and education strategies in public policies. (A/HRC/WG.6/22/USA/3, JS8
paragraph 16)
The recommendation by MWAN to create a Federal Human Rights Institution was
mirrored in multiple recommendations by the following countries:
Senegal 5.77
Congo 5.78
Tunisia 5.78
Paraguay 5.78
Chile 5.79
Bolivarian Republic of
Venezuela 5.80
Poland 5.81
Sierra Leone 5.83
Republic of Korea 5.84
Sudan 5.85
India 5.86
Nepal 5.86
Panama 5.86
Ukraine 5.86
Democratic Republic of
the Congo 5.86
Indonesia 5.86
Kenya 5.87
Kazakhstan 5.88
Gabon 5.89
Morocco 5.90
Hungary 5.90
Nepal 5.92
Philippines 5.93
Russian Federation
5.286
Medical Whistleblower Advocacy Network had in its first cycle UPR report (2010)
recommended the following:
"Medical Whistleblower recommends that the U.S.A. should ratify United Nations
Convention on the Rights of Disabled Persons (CRDP), the Convention on the
Rights of the Child (CRC), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), the International Covenant on
Economic, Social and Cultural Rights, The International Convention for the
Protection of All Persons from Enforced Disappearance, the International
4
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (ICRMW)."
Many nations also echoed these recommendations by Medical Whistleblower Advocacy
Network (MWAN) to ratify the Convention on the Rights of the Child (CRC), the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),
the International Covenant on Economic, Social and Cultural Rights (ICESCR), The
International Convention for the Protection of All Persons from Enforced Disappearance
(ICCPED), the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICRMW).
These nations included:
Uzbekistan 5.15
Philippines 5.15
Trinidad and Tobago
5.15
Mauritius 5.16
Luxembourg 5.17
Nepal 5.18
Sierra Leone 5.19
Kazakhstan 5.20
Australia 5.21
Bulgaria 5.22
India 5.23
Indonesia 5.24
Egypt 5.25
Romania 5.26
Cabo Verde 5.27
Togo 5.28
Paraguay 5.29
Botswana 5.30
Iceland 5.31
Ghana 5.32
Democratic Republic of
the Congo 5.33
New Zealand 5.34
Hungary 5.35
Republic of Korea 5.36
The Former Yugoslav
Republic of Macedonia
5.37
Czech Republic 5.38
Turkey 5.39
Iraq 5.39
Slovenia 5.39
Bosnia and Herzegovina
5.39
France 5.39
Canada 5.39
China 5.39
Trinidad and Tobago
5.39
Estonia 5.39
Lebanon 5.39
Philippines 5.39
Austria 5.46
Mali 5.47
Sweden 5.48
Timor-Leste 5.48
Algeria 5.48
Maldives 5.48
France 5.48
Portugal 5.48
Slovenia 5.48
China 5.48
Japan 5.48
Canada 5.48
Philippines 5.49
Estonia 5.50
Libya 5.51
Fiji 5.52
Czech Republic 5.53
Honduras 5.54
Chile 5.55
Burkina Faso 5.56
Islamic Republic of Iran
5.57
Slovakia 5.58
The US Summary of Stakeholder Reports has been posted to the OHCHR website as
the UN General Assembly Report dated 16 February 2015 of the Human Rights
Council, Working Group on the Universal Periodic Review, Twenty-second session 4–
15 May 2015. (A/HRC/WG.6/22/USA/3) Medical Whistleblower Advocacy Network is
listed as a UN stakeholder JS8.

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10. 2015 mwan 072015 upr town hall treaties, international mechanisms, domestic implementation

  • 1. 1 Medical Whistleblower Advocacy Network Disability Rights Written Testimony regarding Treaties, International Mechanisms and Domestic Implementation UPR Town hall July 20, 2015 Marshall Center, U.S Department of State, Washington DC Regarding: MWAN Submission to the United Nations Universal Periodic Review of United States of America Second Cycle, Twenty Second Session of the UPR Human Rights Council Medical Whistleblower Advocacy Network Contact Name: Dr. Janet Parker DVM Email: MedicalWhistleblower@gmail.com Medical Whistleblower Advocacy Network (MWAN) acts as a grassroots advocate for human rights for disabled persons and other individuals. MWAN provides information, referrals, and also direct human rights defender advocacy services. The United States of America has affirmed to the UN General Assembly that all are created equal and endowed with inalienable rights. The Americans with Disabilities Act (1990) was passed by the US legislature to prohibit discrimination against persons with disabilities. Medical Whistleblower Advocacy Network asks that the USA now ratify the Convention on the Rights of Persons with Disabilities. The Medical Whistleblower
  • 2. 2 Advocacy Network reported in the MWAN 2015 UPR report that: "President Barack Obama signed the Convention on the Rights of Persons with Disabilities treaty in 2009 and sent it to the U.S. Senate for ratification. Medical Whistleblower Advocacy Network (MWAN), The National Council on Independent Living (NCIL) along with many other disability advocates rallied the Senate alongside the U.S. International Council on Disabilities (USICD). Former Senator Bob Dole lead a bipartisan effort of support to secure the 2/3 Senate vote needed for ratification. Unfortunately on December 4, 2012 the super-majority needed was not reached. Again in 2013 Foreign Relations Committee Chairman, Robert Mendez held two successful hearings on CRPD ratification, but because of opposition the CRPD was not passed. Committee Chairman Mendez brought the matter again forward in 2014, supported again strongly by former Senator Bob Dole and many organizations for the disabled and veterans." Medical Whistleblower Advocacy Network recommends immediate ratification of the CRPD as stated in our 2015 UPR report. (UN Summary, Office of the United Nations High Commissioner for Human Rights, Human Rights Council, Working Group on the Universal Periodic Review, Twenty-second session, 4–15 May 2015, A/HRC/WG.6/22/USA/3, JS8 paragraph 4). Medical Whistleblower Advocacy Network is concerned that violations, including denial of legal capacity and discrimination against persons with disabilities, are still occurring. (A/HRC/WG.6/22/USA/3, JS8 paragraph 85). The following countries endorsed the specific recommendation that the USA ratify the Convention on the Rights of Persons with Disabilities (CRPD) (Draft report of the Working Group on the Universal Periodic Review United States of America, May 15, 2015, ( A/HRC/WG.6/22/L.10): Nepal 5.18 Sierra Leone 5.19 Kazakhstan 5.20 Australia 5.21 Indonesia 5.24 Ghana 5.32 New Zealand 5.32 Hungary 5.35 Czech Republic 5.38 Chile 5.55 Islamic Republic of Iran 5.57 Guatemala 5.59 Canada 5.59 Bosnia and Herzegovina 5.59 China 5.59 The following countries wrote in support of the recommendation that the US ratify the international human rights instruments from which the US is still not a party (this includes the ratification of the CRPD): Peru 5.1 Nicaragua 5.2 Purinational State of Bolivia 5.3 Germany 5.4 Viet Nam 5.5 Israel 5.6 Panama 5.7 Tunisia 5.8 Russian Federation 5.9 Gabon 5.14
  • 3. 3 Bolivarian Republic of Venezuela 5.72 Uruguay 5.74 The United States does not have a national human rights institution accredited by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights. Medical Whistleblower Advocacy Network recommends that the United States (U.S.A.) establish a national human rights institution in accordance with the Paris Principles. Medical Whistleblower Advocacy Network recommends also that the U.S.A. review laws at the federal and state levels with a view of bringing them in line with US’s international human rights obligations. (A/HRC/WG.6/22/USA/3, JS8 paragraph 12) Medical Whistleblower Advocacy Network also recommends the establishment of a human rights institution at the federal level in accordance with the Paris Principles. Medical Whistleblower Advocacy Network supports the recommendation by Cyprus that the USA “Take concrete steps towards ratifying the Rome Statute of the International Criminal Court as early as possible.” (Cyprus 5.70) Medical Whistleblower Advocacy Network recommended incorporating human rights training and education strategies in public policies. (A/HRC/WG.6/22/USA/3, JS8 paragraph 16) The recommendation by MWAN to create a Federal Human Rights Institution was mirrored in multiple recommendations by the following countries: Senegal 5.77 Congo 5.78 Tunisia 5.78 Paraguay 5.78 Chile 5.79 Bolivarian Republic of Venezuela 5.80 Poland 5.81 Sierra Leone 5.83 Republic of Korea 5.84 Sudan 5.85 India 5.86 Nepal 5.86 Panama 5.86 Ukraine 5.86 Democratic Republic of the Congo 5.86 Indonesia 5.86 Kenya 5.87 Kazakhstan 5.88 Gabon 5.89 Morocco 5.90 Hungary 5.90 Nepal 5.92 Philippines 5.93 Russian Federation 5.286 Medical Whistleblower Advocacy Network had in its first cycle UPR report (2010) recommended the following: "Medical Whistleblower recommends that the U.S.A. should ratify United Nations Convention on the Rights of Disabled Persons (CRDP), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights, The International Convention for the Protection of All Persons from Enforced Disappearance, the International
  • 4. 4 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)." Many nations also echoed these recommendations by Medical Whistleblower Advocacy Network (MWAN) to ratify the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Economic, Social and Cultural Rights (ICESCR), The International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). These nations included: Uzbekistan 5.15 Philippines 5.15 Trinidad and Tobago 5.15 Mauritius 5.16 Luxembourg 5.17 Nepal 5.18 Sierra Leone 5.19 Kazakhstan 5.20 Australia 5.21 Bulgaria 5.22 India 5.23 Indonesia 5.24 Egypt 5.25 Romania 5.26 Cabo Verde 5.27 Togo 5.28 Paraguay 5.29 Botswana 5.30 Iceland 5.31 Ghana 5.32 Democratic Republic of the Congo 5.33 New Zealand 5.34 Hungary 5.35 Republic of Korea 5.36 The Former Yugoslav Republic of Macedonia 5.37 Czech Republic 5.38 Turkey 5.39 Iraq 5.39 Slovenia 5.39 Bosnia and Herzegovina 5.39 France 5.39 Canada 5.39 China 5.39 Trinidad and Tobago 5.39 Estonia 5.39 Lebanon 5.39 Philippines 5.39 Austria 5.46 Mali 5.47 Sweden 5.48 Timor-Leste 5.48 Algeria 5.48 Maldives 5.48 France 5.48 Portugal 5.48 Slovenia 5.48 China 5.48 Japan 5.48 Canada 5.48 Philippines 5.49 Estonia 5.50 Libya 5.51 Fiji 5.52 Czech Republic 5.53 Honduras 5.54 Chile 5.55 Burkina Faso 5.56 Islamic Republic of Iran 5.57 Slovakia 5.58 The US Summary of Stakeholder Reports has been posted to the OHCHR website as the UN General Assembly Report dated 16 February 2015 of the Human Rights Council, Working Group on the Universal Periodic Review, Twenty-second session 4– 15 May 2015. (A/HRC/WG.6/22/USA/3) Medical Whistleblower Advocacy Network is listed as a UN stakeholder JS8.