DISABILITY

1
DISABILITY HUMAN RIGHTS

• Getting Disability Rights onto the International
  Human Rights Agenda
• Steven Estey

2
No one gives us rights. We win them in
struggle. They exist in our hearts before they
exist on paper. Yet intellectual struggle is one
of the most important areas of the battle of
rights. It is through concepts that we link our
dreams to the acts of daily life. Albie Sachs,
Protecting Human Rights in South Africa (1990)
 
3
Mary Robinson, former U.N. Human Rights
Commissioner

• Disabled persons frequently live in deplorable
  conditions, owing to the presence of physical and
  social barriers, which prevent their integration
  and full participation in the community.
  Millions of children and adults worldwide are
  segregated and deprived of their rights and are,
  in effect, living on the margins. This is
  unacceptable.

4
MANY TRENDS IMPACT ON DISABILITY
5
The Universal Declaration of Human Rights
6
The United Nations

• Six Core
• Human Rights
• Treaties

7
GENERAL UN HUMAN RIGHTS INSTRUMENTS

• 1) ICESCR - The International Covenant on
  Economic, Social and Cultural Rights, adopted in
  1966, entered into force 3 January 1976
• 2) ICCPR - The International Covenant on Civil
  and Political Rights, adopted in 1966 and which
  entered into force 23 March 1976

8
Thematic UN Human Rights Instruments

• 3) CERD - The International Convention on the
  Elimination of All Forms of Racial
  Discrimination, adopted in 1965, entered into
  force 4 January 4 1969
• 4) CEDAW - The Convention on the Elimination of
  All Forms of Discrimination Against Women,
  adopted in 1979, entered into force 3 September
  1981
• 5) CAT - The Convention Against Torture and
  Other Cruel, Inhuman or Degrading Treatment or
  Punishment, adopted in 1984, entered into force
  26 June 1987
• 6) CRC - The Convention on the Rights of the
  Child, adopted in 1989, entered into force 2
  September 1990

9
The United Nations

• As the following chronology describes these
  discussions have evolved from a very
  rehabilitation based (medical model) approach to
  a much more Human Rights (social model) approach
  in the few years.
• This evolving understanding has brought us to the
  point where we are now a discussion if
  enshrining human rights for disabled people in
  International Law!

• Incorporating the Disability Perspective into
  International Instruments
• It has been on the agenda in one way or another
  for over 50 years.
• What is fairly new, and promising, is the
  shifting context of these discussions.

10
UN Disability Time Line 1970s

• 1971 The General Assembly adopted the
  Declaration on the Rights of Mentally Retarded
  Persons, which promoted community living, where
  possible.
• 1975 The General Assembly adopted the
  Declaration on the Rights of Disabled Persons,
  which promoted the political and civil rights of
  persons with disabilities.
• 1976 The General Assembly declares 1981 the
  International Year of Disabled Persons (IYDP),
  with an emphasis on full participation.
• 1977 Established the Trust Fund for the
  International Year and collected 510,000 from
  member states.

11
UN Disability Time Line 1980s

• 1981 International Year of Disabled Persons -
  States, local communities and organizations of
  persons with disabilities, undertook activities
  for the IYDP.
• 1982 As a follow-up to the IYDP, the UN adopted
  the World Programme of Action Concerning Disabled
  Persons and proclaimed 1983-92 as the UN Decade
  of Disabled Persons.
• 1987 Mid-decade review experts meeting first
  call for a new Human Rights Convention with no
  success
• 1989 Second unsuccessful call for a Convention
  leads to the development of the Standard Rules

12
UN Disability Time Line 1990s

• 1993 December 3rd named as Annual International
  Day of Disabled Persons (IDDP).
• 1993 The General Assembly adopts the Standard
  Rules on the Equalization of Opportunities for
  Persons with Disabilities.
• 1994 Mr. Bengt Lindqvist, from Sweden, appointed
  Special Rapporteur for the Standard Rules.
• 1998 UN Commission on Human Rights passes Res.
  1998 / 31, entitled Human rights of persons with
  disabilities acknowledging general
  responsibility for PWDs in its mandate

13
Disability at the UN in the New Millennium
14
The Mexican Resolution

• Resolution 56/168 introduced by Mexico on 19
  December 2001, the General Assembly decided to
  establish an Ad Hoc Committee to consider
  proposals for a Comprehensive and integral
  international convention to promote and protect
  the rights and dignity of persons with
  disabilities

15
2002 - FIRST MEETING OF AD HOC COMMITTEE

• A Yes or No Proposition!
• Does the World need another Human Rights
  Convention?
• Lets meet again next year!

16
2003 SECOND MEETING

• Still a Yes or No Proposition!
• Lets Create a Working Group to come up with a
  draft a de facto decision to proceed!

17
2004 BUILDING MOMENTUM

• January - Working Group Meets for 2 Weeks
  prepares first official draft text
• May / June - Ad Hoc Committee 3 First
  reading of draft text by all UN member states
• August / September Ad Hoc Committee 4 -
  negotiations continue

18
2005 Beyond - The Challenge Creating a
Consensus

• To find a consensus that cuts across the diverse
  interests of people with disabilities.
• To entrench judiciable human rights, without
  binding with a programmatic focus.

• To ensure an effective monitoring mechanism
• To maintain an effective voice in change
• To translate global human rights into local
  benefits