Convention on the Rights of Persons with Disabilities
Encyclopedia
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 United Nations 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. As of October 2011, it has 153 signatories and 106 parties, including the European Union
which 'concluded' the treaty (in effect, ratified it to the extent responsibilities of the member states were transferred to the European Union) on 23 December 2010. The Convention is monitored by the Committee on the Rights of Persons with Disabilities
.
", calling on all governments to support a Convention. In 2001, the 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. Disability rights organisations, including the International Disability Alliance
as coordinator of an ad hoc International Disability Caucus, participated actively in the drafting process, in particular seeking a role for disabled people and their organisations in the implementation and monitoring of what became the Convention.
is cited, 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 including communication
, reasonable accommodation
and universal design
.
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 accessibility
including the information technology
, the rights to live independently and be included in the community (Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 26), 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 road
s, building
s, 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.
, and defines disability as including
" to be "necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms" at the Article 2 and demands this all aspects of life including inclusive education
.
and international human rights law
, all necessary measures to ensure the protection and safety of persons with disabilities in situations of armed conflict, humanitarian emergencies
and the occurrence of natural disaster
.
State Parties should ensure that:
State Parties should take appropriate measures, such as:
on an equal basis with others.
, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation
and rehabilitation
services and programmes, particularly in the areas of health, employment
, education
and social services, in such a way that these services and programmes:
The Convention makes participation of the 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.
States Parties should take appropriate measure such as:
, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to inter alia:
2. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forces or compulsory labour
.
2. State Parties recognize the right of persons with disabilities to social protection
and to the enjoyment of that rights without discrimination on the basis of disability, and shall take appropriate steps to safegurad and promote the realization of the rights, including measures;
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
, Japan
, Netherlands
, Slovenia
, Albania
or India
allow disabled voters to use electronic voting machines or electronic aides which help disabled voters to fill the paper ballot. In others, among them Azerbaijan
, Kosovo
, Canada
, Ghana
, United Kingdom
, and most of African and Asia
n countries, visually impaired voters can use ballots in Braille
or paper ballot templates. Many of these and also some other democracies, Chile
for example, use adjustable desks so that voters on wheelchairs can approach them. Some democracies only allow another person to cast a ballot for the blind or disabled voter. Such arrangement, however, does not assure secrecy of the 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.
Australia
does not consider itself bound to stop forcibly medicating those labeled mentally ill.
El Salvador
accepts the Convention to the extent that it is compatible with its constitution.
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.
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.
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.
Poland
interprets Articles 23 and 25 as not conferring any right to abortion.
The United Kingdom
has reservations relating to the right to education, immigration, service in the armed forces and an aspect of social security law.
.
The Optional Protocol entered into force with the Convention on 3 May 2008. As of October 2011, it has 90 signatories and 63 parties.
is a body of human rights experts tasked with monitoring the implementation of the Convention. It initially consisted of 12 independent human rights experts, with half elected for a two-year term and half elected for four-years. Thereafter members will be elected for four-year terms, with half the members elected every two years. As the Convention has achieved 80 ratifications, the Committee will be expanded to 18 members.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
intended to protect the rights and dignity of persons with disabilities
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
by persons with disabilities and ensure that they enjoy full equality under the law.
The text was adopted by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
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. As of October 2011, it has 153 signatories and 106 parties, including the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
which 'concluded' the treaty (in effect, ratified it to the extent responsibilities of the member states were transferred to the European Union) on 23 December 2010. The Convention is monitored by the Committee on the Rights of Persons with Disabilities
Committee on the Rights of Persons with Disabilities
The Committee on the Rights of Persons with Disabilities is one of the human rights bodies in the Office of the High Commissioner for Human Rights of the United Nations. It is tasked with monitoring the implementation of the Convention on the Rights of Persons with Disabilities...
.
Genesis
1981-1992 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 General Assembly in 1993. In 2000, leaders of five international disability NGOs issued a "Beijing DeclarationFourth World Conference on Women
The United Nations convened the Fourth World Conference on Women: Action for Equality, Development and Peace on 4-15 September 1995 in Beijing, China. 189 governments and more than 5,000 representatives from 2,100 non-governmental organizations participated in the Conference...
", calling on all governments to support a Convention. In 2001, the 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. Disability rights organisations, including the International Disability Alliance
International Disability Alliance
The International Disability Alliance is an international alliance of individuals to defend the rights of those with disabilities at national, regional and international levels...
as coordinator of an ad hoc International Disability Caucus, participated actively in the drafting process, in particular seeking a role for disabled people and their organisations in the implementation and monitoring of what became the Convention.
Summary
The Convention follows the civil law tradition, with a preamble, in which the principle that "all human rights are universal, indivisible, interdependent and interrelated " of Vienna Declaration and Programme of ActionVienna Declaration and Programme of Action
The Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria...
is cited, 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:
- to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity
Articles 2 and 3 provide definitions and general principles including communication
Communication
Communication is the activity of conveying meaningful information. Communication requires a sender, a message, and an intended recipient, although the receiver need not be present or aware of the sender's intent to communicate at the time of communication; thus communication can occur across vast...
, reasonable accommodation
Reasonable accommodation
A reasonable accommodation is an adjustment made in a system to "accommodate" or make fair the same system for an individual based on a proven need. Accommodations can be religious, academic, or employment related and are often mandated by law. Each country has its own system of reasonable...
and universal design
Universal design
Universal design refers to broad-spectrum ideas meant to produce buildings, products and environments that are inherently accessible to both people without disabilities and people with disabilities....
.
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 Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
or the Convention Against Torture
United Nations Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
, but with specific obligations ensuring that they can be fully realised by persons with disabilities.
Rights specific to this convention include the rights to accessibility
Accessibility
Accessibility is a general term used to describe the degree to which a product, device, service, or environment is available to as many people as possible. Accessibility can be viewed as the "ability to access" and benefit from some system or entity...
including the information technology
Information technology
Information technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
, the rights to live independently and be included in the community (Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 26), and to participation in political and public life, and cultural life
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
, recreation
Recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure and are considered to be "fun"...
and sport
Sport
A Sport is all forms of physical activity which, through casual or organised participation, aim to use, maintain or improve physical fitness and provide entertainment to participants. Sport may be competitive, where a winner or winners can be identified by objective means, and may require a degree...
(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
Accessibility
Accessibility is a general term used to describe the degree to which a product, device, service, or environment is available to as many people as possible. Accessibility can be viewed as the "ability to access" and benefit from some system or entity...
to road
Road
A road is a thoroughfare, route, or way on land between two places, which typically has been paved or otherwise improved to allow travel by some conveyance, including a horse, cart, or motor vehicle. Roads consist of one, or sometimes two, roadways each with one or more lanes and also any...
s, building
Building
In architecture, construction, engineering, real estate development and technology the word building may refer to one of the following:...
s, and information
Information
Information in its most restricted technical sense is a message or collection of messages that consists of an ordered sequence of symbols, or it is the meaning that can be interpreted from such a message or collection of messages. Information can be recorded or transmitted. It can be recorded as...
(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.
Guiding principles of the Convention
There are eight guiding principles that underlie the Convention:- Respect for inherent dignity, individual autonomyAutonomyAutonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
including the freedom to make one's own choices, and independence of persons - Non-discrimination
- Full and effective participation and inclusionInclusion (disability rights)Inclusion is a term used by people with disabilities and other disability rights advocates for the idea that all people should freely, openly and without pity accommodate any person with a disability without restrictions or limitations of any kind...
in society - Respect for differenceDifferenceDifference may refer to:* Difference , a 2005 power metal album* Difference , a concept in computer science* Difference , any systematic way of distinguishing similar coats of arms belonging to members of the same family* Difference , a statement about the relative size or order of two objects**...
and acceptance of persons with disabilities as part of human diversity and humanity - Equality of opportunityEqual opportunityEqual opportunity, or equality of opportunity, is a controversial political concept; and an important informal decision-making standard without a precise definition involving fair choices within the public sphere...
- AccessibilityAccessibilityAccessibility is a general term used to describe the degree to which a product, device, service, or environment is available to as many people as possible. Accessibility can be viewed as the "ability to access" and benefit from some system or entity...
- Equality between men and womenGender equalityGender equality is the goal of the equality of the genders, stemming from a belief in the injustice of myriad forms of gender inequality.- Concept :...
- Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
Definition of disability
The Convention adopts a social model of disabilitySocial model of disability
The social model of disability is a reaction to the dominant medical model of disability which in itself is a Cartesian functional analysis of the body as machine to be fixed in order to conform with normative values...
, and defines disability as including
- those who have long-term physical, mental, intellectual or sensory impairmentImpairmentImpairment may refer to:* A medical condition that leads to disability* In accounting, a downward revaluation of fixed assets* In health, any loss or abnormality of physiological, psychological, or anatomical structure or function, whether permanent or temporary...
s which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Principle of "reasonable accommodation"
The Convention defines "reasonable accommodationReasonable accommodation
A reasonable accommodation is an adjustment made in a system to "accommodate" or make fair the same system for an individual based on a proven need. Accommodations can be religious, academic, or employment related and are often mandated by law. Each country has its own system of reasonable...
" to be "necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms" at the Article 2 and demands this all aspects of life including inclusive education
Inclusion (education)
Inclusion in education is an approach to educating students with special educational needs. Under the inclusion model, students with special needs spend most or all of their time with non-disabled students. Implementation of these practices varies...
.
Accessibility
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 technology, and to other facilities and services open or provided to the public.Situations of risk and humanitarian emergency
Article 11 of the Convention affirms that States Parties shall take, in accordance with their obligations under international law, including international humanitarian lawInternational humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
and international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
, all necessary measures to ensure the protection and safety of persons with disabilities in situations of armed conflict, humanitarian emergencies
Emergency
An emergency is a situation that poses an immediate risk to health, life, property or environment. Most emergencies require urgent intervention to prevent a worsening of the situation, although in some situations, mitigation may not be possible and agencies may only be able to offer palliative...
and the occurrence of natural disaster
Natural disaster
A natural disaster is the effect of a natural hazard . It leads to financial, environmental or human losses...
.
Right to education
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:
- children with disabilities are not excluded from free and compulsory primary educationPrimary educationA primary school is an institution in which children receive the first stage of compulsory education known as primary or elementary education. Primary school is the preferred term in the United Kingdom and many Commonwealth Nations, and in most publications of the United Nations Educational,...
, or from secondary educationSecondary educationSecondary education is the stage of education following primary education. Secondary education includes the final stage of compulsory education and in many countries it is entirely compulsory. The next stage of education is usually college or university...
; - adults with disabilities have access to general tertiary education, vocational training, adult educationAdult educationAdult education is the practice of teaching and educating adults. Adult education takes place in the workplace, through 'extension' school or 'school of continuing education' . Other learning places include folk high schools, community colleges, and lifelong learning centers...
and lifelong learningLifelong learningLifelong learning is the continuous building of skills and knowledge throughout the life of an individual. It occurs through experiences encountered in the course of a lifetime...
; - persons with disabilities receive the necessary support, within the general education system, to facilitate their effective education; and
- effective individualized support measures are put in place to maximize academic and social development.
State Parties should take appropriate measures, such as:
- endorsing the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer supportPeer supportPeer support occurs when people provide knowledge, experience, emotional, social or practical help to each other. It commonly refers to an initiative consisting of trained supporters, and can take a number of forms such as peer mentoring, listening, or counseling...
and mentoring; - supporting the learning of sign language and promoting the linguistic identity of the deaf community;
- advocating that education of persons, particularly children, who are blind and/or deaf, is delivered in the most appropriate languages and means of communication for the individual; and
- employing teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train education professionals and staff about disability awarenessAwarenessAwareness is the state or ability to perceive, to feel, or to be conscious of events, objects or sensory patterns. In this level of consciousness, sense data can be confirmed by an observer without necessarily implying understanding. More broadly, it is the state or quality of being aware of...
, use of augmentative and alternative modes and formats of communication, and educational techniques and materials to support persons with disabilities.
Right to health
Article 25 specifies that "persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability."Protecting the integrity of the person
Article 17 of the Convention states that every person with disabilities has a right to respect for his or her physical and mental integrityIntegrity
Integrity is a concept of consistency of actions, values, methods, measures, principles, expectations, and outcomes. In ethics, integrity is regarded as the honesty and truthfulness or accuracy of one's actions...
on an equal basis with others.
Respect for the family
Article 23 of the Convention prohibits compulsory sterilization of disabled persons and guarantees their right to adopt children.Habilitation and rehabilitation
Article 26 of the Convention affirms that "State Parites shall take effective and appropriate measures, including through peer supportPeer support
Peer support occurs when people provide knowledge, experience, emotional, social or practical help to each other. It commonly refers to an initiative consisting of trained supporters, and can take a number of forms such as peer mentoring, listening, or counseling...
, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation
Habilitation
Habilitation is the highest academic qualification a scholar can achieve by his or her own pursuit in several European and Asian countries. Earned after obtaining a research doctorate, such as a PhD, habilitation requires the candidate to write a professorial thesis based on independent...
and rehabilitation
Physical medicine and rehabilitation
Physical medicine and rehabilitation , physiatry or rehabilitation medicine, is a branch of medicine that aims to enhance and restore functional ability and quality of life to those with physical impairments or disabilities. A physician having completed training in this field is referred to as a...
services and programmes, particularly in the areas of health, employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
, education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
and social services, in such a way that these services and programmes:
- Begin at the earliest possible stage, and are based on the multidisciplinaryMultidisciplinarityMultidisciplinarity is a non-integrative mixture of disciplines in that each discipline retains its methodologies and assumptions without change or development from other disciplines within the multidisciplinary relationship....
assessment of individual needs and strengths; - Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.
- States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation service.
- States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation.
Participation rights
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 the disabled one of its principles, stating "The principles of the present Convention shall be:...Full and effective participation and inclusion
Inclusion
Inclusion may refer to:- Metallurgy :*Inclusion , a type of metal casting defect*Inclusions in Aluminium Alloys, solid particles in liquid aluminium alloy- Social inclusion of persons :...
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
Physical medicine and rehabilitation
Physical medicine and rehabilitation , physiatry or rehabilitation medicine, is a branch of medicine that aims to enhance and restore functional ability and quality of life to those with physical impairments or disabilities. A physician having completed training in this field is referred to as a...
), political and public life, cultural life, leisure and sports.
States Parties should take appropriate measure such as:
- To enables persons with disabilities to have the opportunity to develop and utilize their creative, artArtArt is the product or process of deliberately arranging items in a way that influences and affects one or more of the senses, emotions, and intellect....
istic and intellectual potential, not only for their own benefit, but also for the enrichment of society. - In accordance with international lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, to ensure that law protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials. - So that persons with disabilities should be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf cultureDeaf cultureDeaf culture describes the social beliefs, behaviors, art, literary traditions, history, values and shared institutions of communities that are affected by deafness and which use sign languages as the main means of communication. When used as a cultural label, the word deaf is often written with a...
.
Work and employment
Article 27 requires that States Parties recognize the right of persons with disabilities to work, on an equal basis of others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. And that State Parties shall safeguard and promote the realization of the right to workRight to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so...
, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to inter alia:
- Prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, continuance of employment, career advancement and safe and healthy working conditions;
- Protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of workDecent workDecent work is the availability of employment in conditions of freedom, equity, human security and dignity.According to the International Labour Organization ILO, Decent Work involves opportunities for work that is productive and delivers a fair income, security in the workplace and social...
, including equal opportunities and equal remuneration for work of equal valueEqual pay for equal workEqual pay for equal work is the concept that individuals doing the same work should receive the same remuneration. In America, for example, the law states that "employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility,...
, safe and healthy working conditions, including protection from harassmentHarassmentHarassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
, and the redressRedressIn film, a redress is the redecoration of an existing movie set, so that it can double for another set. This saves the trouble and expenses of constructing a second, new set, though they face the difficulty of doing it so the average viewer does not notice the same set is reused...
of grievances; - Ensure that persons with disabilities are able to exercise their labour and trade unionTrade unionA trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
rights on an equal basis with others; - Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training;
- Promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment;
- Promote opportunities for self-employmentSelf-employmentSelf-employment is working for one's self.Self-employed people can also be referred to as a person who works for himself/herself instead of an employer, but drawing income from a trade or business that they operate personally....
, entrepreneurshipEntrepreneurshipEntrepreneurship is the act of being an entrepreneur, which can be defined as "one who undertakes innovations, finance and business acumen in an effort to transform innovations into economic goods". This may result in new organizations or may be part of revitalizing mature organizations in response...
, the development of cooperative and starting one's own business. - Ensure that reasonable accommodationReasonable accommodationA reasonable accommodation is an adjustment made in a system to "accommodate" or make fair the same system for an individual based on a proven need. Accommodations can be religious, academic, or employment related and are often mandated by law. Each country has its own system of reasonable...
is provided to persons with disabilities in the workplaceWorkplaceThe workplace is a place where someone works.*Toxic workplace*Workplace aggression: A specific type of aggression that occurs in the workplace....
. - Promote the acquisition by persons with disabilities of work experience in the open labour market.
- Promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forces or compulsory labour
Unfree labour
Unfree labour includes all forms of slavery as well as all other related institutions .-Payment for unfree labour:If payment occurs, it may be in one or more of the following forms:...
.
Adequate standard of living and social protection
Article 28 requires that State Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this rights without discrimination on the basis of disability.2. State Parties recognize the right of persons with disabilities to social protection
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
and to the enjoyment of that rights without discrimination on the basis of disability, and shall take appropriate steps to safegurad and promote the realization of the rights, including measures;
- To ensure equal access by persons with disabilities to clean water service, and to ensure access to appropriate and affordable service, device and other assistance for disability-related needs.
- To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reductionPoverty reductionPoverty is the state of human beings who are poor. That is, they have little or no material means of surviving—little or no food, shelter, clothes, healthcare, education, and other physical means of living and improving one's life....
programmes. - To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assictance and respite care.
- To ensure access by persons with disabilities to public housing programmes.
- To ensure equal access by persons with disabilities to retirement benefits and programmes.
Right to vote
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Slovenia
Slovenia
Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
, Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
or India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
allow disabled voters to use electronic voting machines or electronic aides which help disabled voters to fill the paper ballot. In others, among them Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
, Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and most of African and Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
n countries, visually impaired voters can use ballots in Braille
Braille
The Braille system is a method that is widely used by blind people to read and write, and was the first digital form of writing.Braille was devised in 1825 by Louis Braille, a blind Frenchman. Each Braille character, or cell, is made up of six dot positions, arranged in a rectangle containing two...
or paper ballot templates. Many of these and also some other democracies, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
for example, use adjustable desks so that voters on wheelchairs can approach them. Some democracies only allow another person to cast a ballot for the blind or disabled voter. Such arrangement, however, does not assure secrecy of the 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
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
and United States, all the polling places already are fully accessible for disabled voters.
Reservations
A number of parties have made reservations and interpretative declarations to their application of the Convention.Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
does not consider itself bound to stop forcibly medicating those labeled mentally ill.
El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
accepts the Convention to the extent that it is compatible with its constitution.
Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
interprets the right to health in Article 25 of the Convention as not implying any right to abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. It also reserves the right to continue to apply its own election laws around accessibility and assistance.
Mauritius
Mauritius
Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
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.
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.
Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
interprets Articles 23 and 25 as not conferring any right to abortion.
The United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
has reservations relating to the right to education, immigration, service in the armed forces and an aspect of social security law.
Optional protocol
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. The text is based heavily on the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against WomenOptional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women is an international treaty which establishes complaint and inquiry mechanisms for 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. As of October 2011, it has 90 signatories and 63 parties.
Committee on the Rights of Persons with Disabilities
The Committee on the Rights of Persons with DisabilitiesCommittee on the Rights of Persons with Disabilities
The Committee on the Rights of Persons with Disabilities is one of the human rights bodies in the Office of the High Commissioner for Human Rights of the United Nations. It is tasked with monitoring the implementation of the Convention on the Rights of Persons with Disabilities...
is a body of human rights experts tasked with monitoring the implementation of the Convention. It initially consisted of 12 independent human rights experts, with half elected for a two-year term and half elected for four-years. Thereafter members will be elected for four-year terms, with half the members elected every two years. As the Convention has achieved 80 ratifications, the Committee will be expanded to 18 members.
See also
- Declaration on the Rights of Disabled PersonsDeclaration on the Rights of Disabled PersonsThe Declaration on the Rights of Disabled Persons was a declaration of the General Assembly of the United Nations, made on 9 December 1975. It is the 3447th resolution made by the Assembly....
- International Year of Disabled PersonsInternational Year of Disabled PersonsThe year 1981 was proclaimed the International Year of Disabled Persons by the United Nations. It called for a plan of action with an emphasis on equalization of opportunities, rehabilitation and prevention of disabilities...
- International Day of Persons with Disabilities
- Vienna Declaration and Programme of ActionVienna Declaration and Programme of ActionThe Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria...
- DisabilityDisabilityA disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
- Disability rights movementDisability rights movementThe disability rights movement is the movement to secure equal opportunities and equal rights for people with disabilities. The specific goals and demands of the movement are: accessibility and safety in transportation, architecture, and the physical environment, equal opportunities in independent...
- Reasonable accommodationReasonable accommodationA reasonable accommodation is an adjustment made in a system to "accommodate" or make fair the same system for an individual based on a proven need. Accommodations can be religious, academic, or employment related and are often mandated by law. Each country has its own system of reasonable...
- AccessibilityAccessibilityAccessibility is a general term used to describe the degree to which a product, device, service, or environment is available to as many people as possible. Accessibility can be viewed as the "ability to access" and benefit from some system or entity...
- Universal designUniversal designUniversal design refers to broad-spectrum ideas meant to produce buildings, products and environments that are inherently accessible to both people without disabilities and people with disabilities....
- Information technologyInformation technologyInformation technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
- International human rights lawInternational human rights lawInternational human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
- European Disability Forum
- Handicap InternationalHandicap InternationalHandicap International is a non-governmental organization created in 1982 to provide help in refugee camps in Cambodia and Thailand. Based in Belgium and France, it has since opened branches in six other countries : Switzerland, Luxembourg, United Kingdom, Germany, Canada and the United States...
- International Disability and Development ConsortiumInternational Disability and Development ConsortiumThe International Disability and Development Consortium is a global consortium of disability and development related organisations. The aim of IDDC is to promote inclusive development internationally, with a special focus on promoting human rights for all disabled people living in economically...
- Americans with Disabilities Act
External links
- Text of the Convention
- List of parties
- Committee on the Rights of Persons with Disabilities - Official monitoring body
- UN Enable