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Convention on the Rights of Persons with Disabilities |
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.
The text was adopted by the UN General Assembly on 13 December 2006 and opened for signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May 2008.1 To date, 41 countries are parties to the convention, while a further 98 have signed but have not yet ratified.2
The Convention is monitored by the Committee on the Rights of Persons with Disabilities.
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The 1980s was the UN "Decade of Disabled Persons." In 1987, a global meeting of experts to review progress recommended that the UN General Assembly should draft an international convention on the elimination of discrimination against persons with disabilities. Draft convention outlines were proposed by Italy and subsequently Sweden, but no consensus was reached. Many government representatives argued that existing human rights documents were sufficient. Instead, non-compulsory "Standard Rules on the Equalisation of Opportunities for Persons with Disabilities" were adopted by the UN General Assembly in 1993. In 2000, leaders of five international disability NGOs issued a "Beijing Declaration", calling on all governments to support a Convention. In 2001, the UN General Assembly, following a proposal by Mexico, established an Ad Hoc Committee to consider proposals for a comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach.3
The Convention follows the civil law tradition, with a preamble followed by 50 articles. Unlike many UN covenants and conventions, it is not formally divided into parts.
Article 1 defines the purpose of the convention:
Articles 2 and 3 provide definitions and general principles.
Articles 4 - 32 define the rights of persons with disabilities and the obligations of states parties towards them. Many of these mirror rights affirmed in other UN conventions such as the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights or the Convention Against Torture, but with specific obligations ensuring that they can be fully realised by persons with disabilities.
Rights specific to this convention include the rights to live independently and be included in the community (Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 27), and to participation in political and public life, and cultural life, recreation and sport (Articles 29 and 30).
In addition, parties to the convention must raise awareness of the human rights of persons with disabilities (Article 8), and ensure access to roads, buildings, and information (Article 9).
Articles 33 - 39 govern reporting and monitoring of the convention.
Articles 40 - 50 govern ratification, entry into force, and amendment of the Convention. Article 49 also requires that the Convention be available in accessible formats.
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There are eight guiding principles that underlie the Convention:
The convention adopts a social model of disability, and defines disability as including
The Convention stresses that persons with disabilities should be able to live independently and participate fully in all aspects of life. To this end, States Parties should take appropriate measures to ensure that persons with disabilities have access, to the physical environment, to transportation, to information and communications, and to other facilities and services open or provided to the public.
The Convention states that persons with disabilities should be guaranteed the right to inclusive education at all levels, regardless of age, without discrimination and on the basis of equal opportunity.
State Parties should ensure that:
State Parties should take appropriate measures, such as:
The Convention on the Right of Persons with Disabilities recognised that "that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others" and that "persons with disabilities continue to face barriers in their participation as equal members of society."
The Convention makes participation of disabled one of its principles, stating "The principles of the present Convention shall be:...Full and effective participation and inclusion in society;", subsequently enshrining the right of disabled to participate fully and equally in the community, education, all aspect of life (in the context of habilitation and rehabilitation), political and public life, cultural life, leisure and sports.4
Article 29 requires that all Contracting States protect "the right of persons with disabilities to vote by secret ballot in elections and public referendums". According to this provision, each Contracting State should provide for voting equipment which would enable disabled voters to vote independently and secretly. Some democracies, i.e. United States, Netherlands, Slovenia, Albania or India allow disabled voters to use electronic voting machines. In others, among them Azerbaijan, Kosovo, Canada, Ghana, United Kingdom, and most of African and Asian countries, visually impaired voters can use ballots in Braille or paper ballot templates. Some democracies allow another person to cast ballot for the blind or disabled voter. Such arrangement, however, does not comply with the Convention since it does not assure secret ballot.
Article 29 also requires that Contracting States ensure "that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use." In some democracies, i.e. Sweden and United States, all the polling places already are fully accessible for disabled voters.
A number of parties have made reservations and interpretative declarations to their application of the Convention.5
El Salvador accepts the Convention to the extent that it is compatible with its constitution.5
Malta interprets the right to health in Article 25 of the Convention as not implying any right to abortion. It also reserves the right to continue to apply its own election laws around accessibility and assistance.5
Mauritius does not consider itself bound by the Article 11 obligation to take all necessary measures to protect people with disabilities during natural disasters, armed conflict or humanitarian emergencies, unless permitted by domestic legislation.5
The Netherlands interprets the right to life in Article 10 within the framework of its domestic laws. It also interprets Article 25(f), which bars the discriminatory denial of health care, as permitting a person to refuse medical treatment, including food or fluids.5
Poland interprets Articles 23 and 25 as not conferring any right to abortion.5
The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention which allows its parties to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals.6 The text is based heavily on the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
The Optional Protocol entered into force with the Convention on 3 May 2008.1 As of October 2008, it has 78 signatories, 25 of which have ratified.7
The Committee on the Rights of Persons with Disabilities is a body of human rights experts tasked with monitoring the implementation of the Convention. It will initially consist of 12 independent human rights experts, with half elected for a two-year term and half elected for four-years.8 Thereafter members will be elected for four-year terms, with half the members elected every two years. When the Convention has achieved 80 ratifications, the Committee will be expanded to 18 members.8
All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Convention. The first report is due within two years of ratifying the Convention; thereafter reports are due every four years.9 The Committee will examine each report and address its concerns and recommendations to the State party in the form of “concluding observations”.
The initial membership of the Committee will be elected (by secret ballot) at the first conference of states' parties to the Convention on 3 November 2008 in New York. There are currently (as of 9 October) 19 candidates:
| Candidate | Nominated by |
|---|---|
| Ms. Amna Ali Al Suweidi | Qatar |
| Mr. Mohammed Al-Tarawneh | Jordan |
| Mr. Lotfi Ben Lallahom | Tunisia |
| Mr. Monthian Buntan | Thailand |
| Mr. Manuel de Jesus Campos Labrador | Panama |
| Mr. Monsur Ahmed Choudhuri | Bangladesh |
| Ms. María Soledad Cisternas Reyes | Chile |
| Mr. Alpha Boubacar Diop | Guinea |
| Mr. György Könczei | Hungary |
| Mr. Mateo A. Lee, Jr. | Philippines |
| Ms. Ana María Liévano de Sol | El Salvador |
| Mr. Ronald McCallum AO | Australia |
| Mr. Sivalingum Moodley | South Africa |
| Ms. Ana Peláez Narváez | Spain |
| Mr. Jesús Juan Portalanza Güere | Peru |
| Ms. Collette Roberts-Risden | Jamaica |
| Mr. Germán Xavier Torres Correa | Ecuador |
| Mr. Cveto Ur_i_ | Slovenia |
| Ms. Jia Yang | China |
The list of nominees and their curriculum vitae can be accessed at: http://www.un.org/disabilities/images/CRPD.CSP.2008.1.doc
The Committee will meet in Geneva.
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