Friday, May 9, 2008

Decree is published and on May 3rd, the Convention took effect...Not quite




On May 2nd, the organized civil societies of Mexico came to agree that the government of Felipe Calderón does not know how to listen.

On May 3rd, 24 other countries put into effect the Convention on the Rights of Persons with Disabilities without any type of reservation. Meanwhile, Mexico has published a decree which gives power to the aforementioned convention but contains a modification which stems from a most obstructive type of conservatism.

A little over two weeks ago, in Mexico City, the federal government had given signals that it was willing to open the discussion on the removal of the Interpretive Declaration which does not favor the autonomy of persons with disabilities. Nevertheless, the publication of this decree shows us, again, the authoritarianism and the closemindedness of the administration. This administartion does not believe in cohesion on a profound level. It merely uses persons with disabilities for the political spotlight and economic exploitation. It lifts them up to stage “politically correct” stunts, only to then cast them off into the folklore of the commiseration, where nobody is dangerous.

To continue, we present the Published Decree for your consideration.

EXECUTIVE POWER, SECRETARY OF FOREIGN AFFAIRS

Published Decree on the Convention on the Rights of Persons with Disabilities and Optional Protocol, adopted by the General Assembly of the United Nations the 13th of December, 2006.

On the margin, a seal bearing the National Coat of Arms which reads: “The United States of Mexico.”

The President of the Republic,
FELIPE DE JESÚS CALDERÓN HINOJOSA, PRESIDENT OF THE UNITED STATES OF MEXICO, addressing its citizens,

On March thirtieth, two-thousand six, the plenipotentiary of the United States of Mexico, given the authority for this measure, signed with a referendum the Convention on the Rights of Persons with Disabilities and its Optional Protocol, as adopted by the General Assembly of the United Nations, on December thirteenth, two-thousand six, whose texts in Spanish can be found in the annexed certified copy.

The aforementioned Convention was sent to the Chamber of Senators of the Honorable Congress of the Union for their consideration, with the Interpretive Declaration which in its continuation spells out, as with the Optional Protocol, being proven by the aforementioned Senate, on September 26, 2006, following the decree published by the Official Journal of the Federation on October 24 of that same year.

“INTERPRETIVE DECLARATION IN FAVOR OF PERSONS WITH DISABILITIES

The United States of Mexico make the following interpretive declaration towards the ratification of the Convention on the Rights of Persons with Disabilities:

The Political Constitution of the United States of Mexico, in its first article, establishes that: ‘(...) All discrimination motivated by ethnic or national origin, gender, age, disability, social condition, health condition, religion, opinions, preferences, civil state, or any other type which attempts to go against human dignity or has the objective to rescind or reduce the rights and liberties of persons shall remain prohibited. The ratification of the Convention of the United States of Mexico reaffirms its committment to favor the promotion and protection of the rights of Mexicans who suffer from a disability; those who reside within Mexico, and those who reside in foreign countries.The country of Mexico reiterates its firm committment to provide conditions which allow any person to fully develop, as well as to fully exercise their rights and liberties without discrimination. Consequently, with the absolute resolve to protect the rights and dignity of persons with disabilities, the United States of Mexico interpret paragraph 2 of article 12 of the Convention, in the sense that in cases where there may be a conflict between said paragraph and the national legislation,the norm applied will be- in strict adherence to the pro homine principle- that which grants greater legal protection, safeguards the dignity and assures the physical, psychological, emotional, and hereditary integrity of persons.”

The instrument of the ratification, signed by the Federal Executive working under me on October 26, 2006, was delivered to the General Secretary of the United Nations on December 17 of that same year, in conformation with the precedent set by article 41 of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, with the Interpretive Declaration signed previously. Therefore, as it shall be observed, in accordance with the precedent set by fraction I of the article 89 of the Political Constitution of the United States of Mexico, I sign into effect the present Decree, in the residence of the Federal Executive Power, in Mexico City, Federal District, April thirtieth, two-thousand eight.

TRANSITORY

Only.- The present Decree will go into effect May third, two-thousand eight. Felipe of Jesus Cauldron Hinojosa.- Closing flourish.- The Secretary of Foreign Affairs, Patricia Espinosa Cantellano.- Closing flourish.
Originally published on http://wwwderechospcd.blogspot.com/ by Eduardo Garcia

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