DISABILITY & HUMAN RIGHTS Getting Disability Rights onto the International Human Rights Agenda Steven Estey 12/6/2018 NEADS Conference

“No one gives us rights. We win them in struggle “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)   12/6/2018 NEADS Conference

MANY TRENDS IMPACT ON DISABILITY Talk is about what impact have these trends had on research? What questions does the human rights perspective raise in research? 12/6/2018 NEADS Conference

The Universal Declaration of Human Rights 12/6/2018 NEADS Conference

The United Nations Six “Core” Human Rights Treaties 12/6/2018 NEADS Conference

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 12/6/2018 NEADS Conference

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 12/6/2018 NEADS Conference

The United Nations 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. 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! 12/6/2018 NEADS Conference

UN Disability Time Line – 1970’s 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. 12/6/2018 NEADS Conference

UN Disability Time Line – 1980’s 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 12/6/2018 NEADS Conference

UN Disability Time Line – 1990’s 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 12/6/2018 NEADS Conference

Disability at the UN in the New Millennium 12/6/2018 NEADS Conference

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 12/6/2018 NEADS Conference

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! 12/6/2018 NEADS Conference

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! 12/6/2018 NEADS Conference

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 12/6/2018 NEADS Conference

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 Judiciable human rights – fundamental human rights values of dignity and self-determination, equality and social justice. - and build on the exiting human rights norms and interpret those in the context of disability 12/6/2018 NEADS Conference