Disability Rights and the United Nations: Developing Hard Law 1/12/2019 Sherrie Brown LSJ/CHID 434 January 30, 2008

Human Rights and Disability 1940s-50s, UN actively promotes rights through social welfare activities, disability prevention and rehabilitation through training personnel and establishing rehabilitation centers. 1960s, revamped policy to call for full participation in society. 1970s, concept of human rights for people with disabilities and equal opportunity for them.

International Decade of Disabled Persons 1983-1992 1981- Designated Year of Disabled persons 1982 – General Assembly adopted the World Programme of Action (WPA) 1987 – Global Meeting of Experts recommended that GA begin process of drafting convention 1993 – Standard Rules developed

World Programme of Action A global strategy to enhance disability prevention, rehabilitation and equalization of opportunities, which pertains to full participation of persons with disabilities in social life and national development. Emphasizes need to approach from a human rights perspective 3 Prongs: Analysis of principles, concepts and definitions relating to disabilities Overview of the world situation Recommendations for action at national, regional and international levels.

Equalization of Opportunities Central Theme of WPA Idea that issues concerning disabled persons should not be treated in isolation Achieve primarily through political and social action National human rights legislation is one approach

UN Documents Declaration on Rights of Mentally Retarded Persons General Assembly adopts in 1971 Declaration of the Rights of Disabled Persons Adopted in 1975 People with disabilities should have equal civil and political rights. Convention on the Rights of Persons with Disabilities (adopted 2006)

UN Guidelines Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health (1991) Standard Rules for the Equalization of Opportunities for Persons with Disabilities (1993)

Standard Rules Main UN Rules guiding action at national level prior to UN Convention Rights based vs. ? Purpose is to ensure that girls, boys, men and women with disabilities, as members of their societies, may exercise the same rights and obligations as others.

Rules Cover Precondition for equal participation Target areas for equal participation Implementation measures Monitoring mechanism

How successful? Some dimensions of disability policy have not been treated sufficiently. This is true concerning children with disabilities, in the gender dimension and for certain groups, mainly persons with developmental and psychiatric disabilities. It has been pointed out that the Rules do not include a strategy for improving living conditions of disabled people in regions with extreme poverty. Disabled persons in refugee or emergency situations are other areas that have not been dealt with … [T]he whole area of housing has not been included. Among other things this means that there is no guidance concerning the handling of the institutions where a great number of persons with disabilities still spend their whole lives under miserable circumstances.

Development of the Convention Efforts beginning in 1980s but concentrated during 2002-2006 with 8 sessions of Ad Hoc Committee appointed by General Assembly. 13 December 2006 adopted by UN; opened for signature 30 March 2007. Status of treaty and optional protocol (January 2008) 123 signatories to Convention 69 signatories to Optional Protocol 14 ratification to Convention 8 ratification to Optional Protocol

Visual Snapshot of Status

8 General Principles Respect for the inherent dignity, autonomy, freedom to make one’s own decision, independence Non-discrimination Full and effective participation; inclusion in society Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity Equality of opportunity Accessibility Equality between men and women Respect for the evolving capacities of children.

Go forth and describe… Disability Discrimination Reasonable Accommodation

Disability Not explicitly defined Preamble: evolving concept Persons with disabilities not defined but term does include those who have long-term physical, mental, intellectual or sensory impairments that, in the fact of various negative attitudes or physical obstacles, may prevent those persons from participating fully in society (art 1) Q: can states parties include those with short term disabilities if they choose?

Discrimination Any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation.

Reasonable Accommodation Carrying out, when necessary, appropriate modifications and adjustments, which do not impose a disproportional or undue burden, so that persons with disabilities can enjoy their human rights and fundamental freedoms on an equal basis with others (art 2).

Discussion: What does Optional Protocol provide? Pros/Cons of a separate human rights treaty focused on disability?