Transcript Your Rights and the UN Convention on the Rights of Persons with Disabilities What is this new Convention? • A legally binding international human rights treaty,

Your Rights and the
UN Convention on
the Rights of
Persons with
Disabilities
What is this new Convention?
• A legally binding international human rights
treaty, part of the UN human rights machinery
• The first convention adopted in this century
and the first signed in the past 16 years
• The countries that ratify the Convention
commit themselves to implementing the
provisions of this legal text
• Expected to come into force after 20 states
ratify it
Why a new Convention?
• All existing conventions cover persons with
disabilities in theory, but not always in practice
• CRPD does not create new rights, but details
the actions that states and non-state actors
must take to ensure that people with
disabilities can enjoy their rights on an equal
basis with all others
• CRPD puts persons with disabilities fully on
the human rights agenda
The EU and CRPD
• Each EU member state has to ratify the Convention
(CRPD) for it to become compulsory in a given EU
country
• The European Community has signed CRPD as a state
party, although it has not yet signed the additional
protocol due to the pressure exerted by some member
states
• This is the first time since its establishment that the
European Community has signed a UN Convention
• All existing and future European directives, regulations,
and programmes will need to be in line with CRPD
A Shift to Rights
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Embodies the larger paradigm shift from charity to
rights, from a medical model where disability is seen as
a problem residing in the individual to a social/rightsbased model. People with disabilities are no longer
considered victims or patients, but persons with rights
and a role to play in society.
Not completely anti-discrimination or social-rights
based, but a combination of positive and negative
rights from both the individualized and social models
mixed with development concepts to create a new
model: the human rights model.
Provides only an open definition of disability because
disability is an evolving concept, but it does concretely
affirm the social model
Your Rights: Guiding Principles*
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Respect for inherent dignity, individual autonomy including
the freedom to make one’s own choices, and independence of
persons
Non-discrimination
Full and effective participation and inclusion in society
Respect for difference and acceptance of persons with
disabilities as part of human diversity and humanity
Equality of opportunity
Accessibility
Equality between men and women
Respect for the evolving capacities of children with
disabilities and respect for the right of children with
disabilities to preserve their identities
*Article 3
Your Rights: Changing Attitudes
• Recognizes the importance of mainstreaming
disability (Preamble)
• Ratifying countries are to combat stereotypes
and prejudices and promote awareness of the
capabilities of persons with disabilities (A8)
– Public campaigns and training programmes
– Education systems to foster respect for people with
disabilities
– Encourage media to represent people with
disabilities in a manner consistent with CRPD
Your Rights: Women and Children
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Ensures the equal rights and advancement of
women and girls with disabilities (A6)
Promotes education for and protects children
with disabilities
– Best interest of child is primary consideration (A7)
– Rights on an equal basis with other children (A7)
– No exclusion from general education system on the
basis of disability (A24)
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Must learn skills to facilitate full participation, like
learning to read Braille or use sign language
– Children with disabilities must have equal rights in
family life, without neglect or segregation (A23)
Your Rights: Accessibility
• Persons with disabilities should be able to
access facilities and services open to the
public to live independently and participate
fully (A9)
– Built environment and transportation
– Information and communication technology
– Assistance provided
• Cultural and recreational activities should also
be accessible (A30)
– Accessible formats and venues for cultural
performances or services, including sports
Your Rights: Personal Autonomy
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Right to independent living and inclusion in
the community (A19)
– People with disabilities can choose their place of
residence and with whom they live on an equal
basis with others
– Have access to full range of services needed to live
independently in the community, like personal
assistance
– Community services for the general population are
open to people with disabilities
– No mention of institutional living and
deinstitutionalization movement
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Facilitate greatest possible personal mobility
at an affordable cost (A20)
Your Rights: Employment
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The right of persons with disabilities to freely-chosen
work on an equal basis with others (A27)
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No discrimination on the basis of disability in recruitment,
hiring, or remunerations
Reasonable accommodation in the workplace
Employment opportunities in the public sector
Promote career and employment advancement
opportunities
No mention of sheltered employment opportunities
Must have access to social protections without
discrimination based on disability (A28)
Your Rights: Before the Law
• Equal recognition and legal capacity on a
basis with all others before the law (A12)
• Full and facilitated access to justice system as
direct or indirect participants (A13)
• Full participation in political life, including
voting (A29)
Your Rights: Freedoms
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From torture or cruel, inhuman, or degrading
treatment or punishment (A15)
From exploitation, violence, and abuse (A16)
To movement and nationality (A18)
To privacy (A22)
Of expression (A21)
Of liberty and security (A14)
Your Rights: Health
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Access to health-services, including healthrehabilitation, with the same care as provided
to all other persons (A25)
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Specialized services for people with disabilities
In the community
Informed consent necessary
No discrimination for health or life insurance on the
basis of disability
Provide measures of habilitation and
rehabilitation to attain and maintain
independence and full ability (A26)
Your Rights: Home and Family
• Take measures toward eliminating
discrimination against persons with
disabilities in all matters relating to marriage,
family, parenthood, and relationships on an
equal basis with others (A23)
– Ability of persons with disabilities to make decisions
about childbearing and maintain their fertility
– Access to reproductive education and family planning
– A child cannot be separated from parents against their
will
– Family care or closest possible to it should be provided
to children with disabilities without an immediate family
Towards Ensuring Your Rights
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Take action in your state!
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Translate the Convention into your language
Encourage your state to sign and ratify it, with the
optional protocol, without reservations, and in a timely
manner (ratification 2 months before the first Conference
of States Parties means your state can nominate an
expert to the new international monitoring body)
Liaise with other human rights organizations in your state
to bring disability into mainstream human rights
discourse
Carefully scrutinize domestic laws to see where they fall
short of the Convention and work to fill in the gaps
Work with your state to develop an explicit, independent,
and domestic body for promotion, protection, and
monitoring, as per its obligation under Article 33
Always insist that you remain directly involved at all
levels of implementation in your state
For More Information
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http://www.un.org/disabilities/convention/facts.shtml
http://www.un.org/esa/socdev/enable/
www.edf-feph.org