Your Rights and the UN Convention on

the Rights of Persons with Disabilities

What is this new Convention?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?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 CRPDThe 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

• 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/rights-based 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

A Shift to RightsA Shift to Rights

Your Rights: Your Rights: Guiding Guiding PrinciplesPrinciples**

1. Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons

2. Non-discrimination

3. Full and effective participation and inclusion in society

4. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity

5. Equality of opportunity

6. Accessibility

7. Equality between men and women

8. 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: Your Rights: Changing Changing AttitudesAttitudes

• 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

• 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)• 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: Your Rights: Women and Women and ChildrenChildren

Your Rights: Your Rights: AccessibilityAccessibility• 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

• 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

• Facilitate greatest possible personal mobility at an affordable cost (A20)

Your Rights: Your Rights: Personal AutonomyPersonal Autonomy

• The right of persons with disabilities to freely-chosen work on an equal basis with others (A27)– 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: Your Rights: EmploymentEmployment

Your Rights: Your Rights: Before the LawBefore 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)

• 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: Your Rights: FreedomsFreedoms

• Access to health-services, including health-rehabilitation, with the same care as provided to all other persons (A25)– 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: Your Rights: HealthHealth

Your Rights: Your Rights: Home and Home and FamilyFamily

• 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

• Take action in your state! – 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

Towards Ensuring Your Towards Ensuring Your RightsRights

• http://www.un.org/disabilities/convention/facts.shtml • http://www.un.org/esa/socdev/enable/

For More InformationFor More Information

www.edf-feph.org