Convention on the Rights of Persons with Disabilities and its Optional Protocol

1
Convention on the Rights of Persons with
Disabilitiesandits Optional Protocol
Seminar on IHL and HR mine action related
treaties 27 March 2009
2
HR system and mine victims
http//www.universalhumanrightsindex.org/http//m
ineaction.org/overview.asp?o1120
3

• Because of lack of means and funds, the State
  has not yet taken any specific steps to resolve
  the problem of disabled children, e.g. providing
  them with education or vocational training. Such
  children can attend State schools if their state
  of health allows. We appeal to international
  organizations, and especially to the United
  Nations, to help children disabled by land mines
  (CRC)

4
CRPD specific relevance to mine and ERW victims

• Legal basis for victim assistance
• Identification of mine victims
• Normative framework content and process
• Monitoring system and national and international
  level

5
Why a new Convention?

• Existing human rights instruments
• Human rights treaties
• The Standard Rules
• The need for a disability-specific treaty

6
Current Context

• 13 Dec 2006 CRPD and its OP were adopted
• 3 May 2008 CRPD OP entered into force.
• 3 Nov 2008 Conference of States Parties met and
  elected the 12 members of the Committee
• First meeting of the Committee Feb 09

7
50 States have ratified CRPD/139 have signed
29 States have ratified its OP/ 82 have signed it

8

• Argentina, Australia, Austria, Bangladesh,
  Brazil, Chile, Costa Rica, Croatia, Ecuador,
  Egypt, El Salvador, Gabon, Germany, Guinea,
  Honduras, Hungary, Jamaica, Jordan, Kenya,
  Lesotho, Mali, Mexico, Namibia, New Zealand,
  Nicaragua, Niger, Panama, Paraguay, Peru,
  Philippines, Qatar, Republic of Korea, Rwanda,
  San Marino, Slovenia, South Africa, Spain,
  Sweden, Thailand, Tunisia, Turkmenistan, Uganda,
  Uruguay, Vanuatu

9
Outline of presentation

• The paradigm shift
• Definition of disability
• General principles
• Substantive rights
• Obligations on States
• Monitoring

10
The paradigm shift

• Objects of charity, medical treatment or social
  protection
• To
• Subjects of rights, able to make decisions and
  defend interests

11
A definition of disability?

• There is no definition of disability as such
• Article 1 states
• Persons with disabilities include those who have
  long-term physical, mental, intellectual or
  sensory impairments which in interaction with
  various barriers may hinder their full and
  effective participation in society on an equal
  basis with others.

12
GUIDING PRINCIPLES

• Principles are
• Respect for dignity and individual autonomy
• Non-discrimination and equality
• Participation and inclusion
• Respect for difference and diversity
• Accessibility
• Respect for the evolving capacities of children

13
Non-discrimination

• Fundamental principle of human rights law
• Includes direct and indirect discrimination
• States must make reasonable accommodation for
  persons with disabilities

14
Participation and inclusion

• Participation is recognized in the text as
• A principle
• A right
• Participation is important
• To identify correctly specific needs
• To empower the individual

15
Accessibility

• Accessibility is
• A principle
• A stand-alone article
• State must ensure access to eg
• Buildings
• Roads and transportation
• Facilities schools, housing, medical
  facilities, workplaces etc
• Information and communication services
• Accessibility is important
• As a means to empowerment and inclusion

16
EXAMPLES OF RIGHTS IN THE CONVENTION

• Equal protection before the law
• Liberty and security of the person
• Freedom from torture
• Protection of the integrity of the person
• Liberty of movement and nationality
• Freedom of expression
• Respect for privacy
• Right to participation in public life

• Freedom from exploitation
• Respect for home and the family
• Right to live in the community
• Right to education
• Right to life
• Right to health
• Habilitation and rehabilitation
• Right to work
• Right to an adequate standard of living
• Right to participate in cultural life

17
(No Transcript)
18
Economic reintegration - Right to work (Art. 27)

• Prohibition of discrimination with regard to all
  matters concerning all forms of employment
• Equal remuneration
• Access to general technical and vocational
  guidance programs
• Employment in the public sector
• Promote employment in the private sector
• Reasonable accommodation

19
Emergency medical care - Right to Health (Art.
25)

• Same range, quality and standard of free and
  affordable health care and programs as provided
  to other persons
• Provide health services as close as possible to
  peoples own communities
• Sexual and reproductive health
• Free and informed consent

20
Social Integration

• Equal recognition before the law
• Example of paradigm shift
• Move from substituted decision-making to
  supported decision-making

21
Obligations on States

• To respect the rights of persons with
  disabilities
• To protect the rights of persons with
  disabilities
• To fulfil the rights of persons with disabilities

22
Monitoring

• National monitoring
• Focal points in government
• Independent national human rights institution
• International monitoring
• Committee on the Rights of Persons with
  Disabilities
• Conference of the Parties