Category: Civil Rights

2012 a Year of Anniversaries

There are a number of historically significant anniversaries in 2012.  This  year marks the  the bicentennial of the War of 1812, the sesquicentennial of the Homestead Act, and the centennial of the sinking of the RMS Titanic. Although there are many other noteworthy anniversaries, two watershed events in the struggle for civil rights for African Americans and people with disabilities come to mind.

Notable Anniversaries in the Civil Rights Movement

  • Fifty years ago, in 1962, Supreme Court Justice Hugo Black ordered the immediate admittance of James Meredith to the University of Mississippi. Mississippi’s governor, Ross Barnett, attempted to bar Meredith’s entry. President Kennedy, however, federalized the National Guard, which then forced his admittance.
  • Thirty-five years ago, in 1977, the Section 504 demonstration at the San Francisco Regional Office of HEW proved to be a watershed event for the civil rights of people with disabilities.

Section 504 of the Rehabilitation Act of 1973 adaptive the concept of reasonable accommodation that was originally applied to religious practices was applied to people with disabilities.  504 established and still provides for accommodations in all programs receiving federal funds (education, transportation, arts programs, health care).

This landmark legislation was passed in 1973 but was not being enforced because the implementing regulations were held up in Heath, Education and Welfare. The disability community became increasingly frustrated and on April 5, 1977, roughly 600 people assembled at the San Francisco regional office of United Stated Department of Health, Education and Welfare.

The protest in San Francisco became the longest occupation of a Federal building in U.S. history. After 28 days, Section 504 was signed which was a great victory.

CBS Evening News 504 http://www.youtube.com/watch?v=pbfNJpFni-E

(This video is from a show called “Instant Recall” which aired in the late eighties, and which used footage from the CBS Evening News.)

The Power of 504 part 1

http://www.youtube.com/watch?v=HMC5UuiIQkI&feature=watch_response

The Power of 504 part 2

http://www.youtube.com/watch?v=5vOM0-IOrKg&feature=watch_response

(The Power of 504 Part 1 & 2 form an award-winning 18-minute documentary video, which captures the drama and emotions of the historic civil rights demonstration of people with disabilities in 1977, resulting in the signing of the 504 Regulations, the first Federal Civil Rights Law protecting people with disabilities. The documentary includes contemporary news footage and news interviews with participants and demonstration leaders. It is available in open caption, audio descriptive and standard formats.)

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Olmstead Act Turns 13

“For the Department of Justice, turning the promise of the Olmstead decision into a reality for individuals with disabilities across the nation has become a major component of ADA enforcement.”
Assistant Attorney General Thomas E. Perez

The Supreme Court heard the case Olmstead vs. L.C. on April 21, 1999 and decided it on June 22, 1999. This week marks the thirteenth anniversary of the Supreme Court’s decision in which the Supreme Court recognized that the civil rights of people with disabilities under the Americans with Disabilities Act (ADA) are violated when they are unnecessarily segregated from the rest of society.  The promise of Olmstead is that people with disabilities will have the opportunity to live like people without disabilities – to have friends, work, be part of a family, and participate in community activities because states are required to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs.

In reaffirming its commitment to enforcement of the Olmstead decision, the Department of Justice has chosen to commemorate the anniversary of the Olmsted decision by presenting “Faces of Olmstead” a website profiling stories of some of the thousands of people whose lives have been affected by the Olmstead decision and the Department’s enforcement efforts.

To celebrate the tenth anniversary of the decision, President Obama issued a proclamation launching the “Year of Community Living,” and directed the Administration to redouble enforcement efforts. In a press release commemorating the 13th anniversary President Obama had this to say: “The landmark Olmstead case affirmed the rights of Americans with disabilities to live independently,” said President Obama. “On this anniversary, let’s recommit ourselves to building on the promise of Olmstead by working to end all forms of discrimination, and uphold the rights of Americans with disabilities and all Americans.”

To learn more about the Olmstead decision and the Civil Rights Division’s enforcement activities, visit, Olmstead: Community Integration for Everyone. A brief explanation of the Olmstead may also be found at The Olmstead Act – What Is It?


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Human Rights for All

While doing some research about holidays and observances in December, I learned that December has two observances that speak to human rights. December 3 is the 30th anniversary of the International Day of Persons with Disabilities, which promotes the continuing integration of persons who are disabled into society. Also in December is the United Nations Human Rights Day which was established on December 10, 1948 by the U.N. to commemorate the adoption of the Universal Declaration of Human Rights, which sets forth basic rights and freedoms to which all are entitled.

International Day of Persons with Disabilities

The annual observance of the International Day of Persons with Disabilities on December 3 was established by the International Year for Disabled Persons in 1981. The Day is set aside to promote a better understanding of disability issues with a focus on the rights of people with disabilities and societal gains that come from the integration of people with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This year’s theme is, “Together for a better world for all.”

In 1981, when the United Nations first observed the International Year of Disabled Persons, the theme was “Full Participation and Equality.” In 1982, the United Nations General Assembly adopted the World Program of Action Concerning Disabled Persons, The WPACDP is best described as a global strategy to enhance disability prevention, rehabilitation and equalization of opportunities, which pertains to full participation of persons with disabilities in social life and national development. The WPA stresses the need to approach disability from a human rights perspective.

Human Rights Day

Predating the declaration of International Day of Persons with Disabilities and the WPACPD is the Universal Declaration of Human Rights. The Declaration sets out a broad range of fundamental human rights and freedoms to which all men and women, everywhere in the world, are entitled, without any distinction. The UDHR was adopted on December 10, 1948. December 10 has since served to mark Human Rights Day worldwide.

The Most Universal Document in the World

The UDHR is truly a universal document. Not only was it was drafted by representatives of all regions and legal traditions but it is also the most translated document in the world. The Office of the High Commissioner for Human Rights has been awarded the Guinness World Record for having collected, translated and disseminated the UDHR into more than 380 languages and dialects: from Abkhaz to Zulu. The Universal Declaration of Human Rights is thus the most “universal” document in the world.

With the passage of time, the Declaration has been accepted as a contract between governments and their peoples. Virtually all states have accepted it. The Declaration has also served as the foundation for an expanding system of human rights protection that today focuses also on vulnerable groups such as disabled persons, indigenous peoples and migrant workers.

650 Million People with Disabilities Worldwide

It is estimated that there are 50 million people with disabilities in the United States and 650 million people with disabilities worldwide (approximately 15% of the world’s population). Nearly one-fifth of the estimated global total of persons (110-190 million), living with disabilities encounter significant difficulties. Moreover, a quarter of the global population is directly affected by disability, as care-givers or family members.

Much work needs to be done to ensure basic human rights for all persons. For individuals with disabilities, despite all the progress that has been made over the last 30 years, individuals with disabilities still face many disadvantages in society and are frequently subjected to stigma and discrimination. In addition, they remain marginalized, disproportionately poorer, are frequently unemployed and have higher rates of mortality. They are also excluded from civil and political processes and are overwhelmingly voiceless in matters that affect them. When individuals with disabilities are empowered to participate in their communities, their entire community benefits, as their involvement creates opportunities for everyone – with or without a disability.