Training material produced by Handicap International - Training session « Human rights and disability… towards an International Convention to promote and protect the Rights and Dignity of Persons with Disabilities » Training material produced by Handicap International - Rights and Policies Unit, in collaboration with the Human Rights Institute of Lyon

Outline Introduction Part I : Disability and Human Rights – core notions Part II : The process of elaboration of an international convention on disability Part III : The International Convention on protection and promotion of the rights of persons with disabilities Part IV : Participation of civil society in the elaboration process of the convention Conclusion

INTRODUCTION The disability field is going through a transition period : The perception of disability is changing, The disabled are finally recognized as having the same rights as everyone, The international community has realised the great difficulties faced by disabled people in the world, The UN invests into this theme in order to improve the respect of the rights of the disabled people and to allow them to be taken into account in policies, The States and civil society work together since 2002 on the elaboration of an international Convention on the rights of the persons with disabilities.

=> It represents a real and durable opportunity to allow progress to be made concerning the situation of disabled people. We have to allow for the greatest possible number of actors to mobilise in order to make this Convention a tool for change. => International and national actors, public or from civil society, in order to ensure a process of dialogue. It is to facilitate access to information regarding this process that Handicap International has produced this CD Rom. The actors concerned are : disabled people and the organisations that represent them… The national and international NGOs intervening in urgent relief and development… - the human rights actors, NGOs, national human rights institutions… - States, for their national policies, for their role in international cooperation towards development… Bilateral actors of international cooperation, urgent relief and development, such as the UN agencies… etc.…

Part I : Disability and Human Rights – core notions What is « law » ? 2) Disability is a Human Rights issue 3) The general human rights texts apply to all 4) International texts concerning disabled people 5) In fact : the invisibility of persons with disability

1) What is « law » ? Law = Rules established to prevent the law of the strongest from applying.   Characteristics of law : punishes violations + makes up for the loss sustained by the victim Example : an apple has been stolen the thief will be fined = sanction + the apple will be given back to its owner = reparation See the basic knowledge document on the definition of law A violation of law implies a sanction AND a reparation

Law, is : Domestic Law (2 types) : Of Romano Germanic origin (such as French law) : Written laws and regulations, Of Anglo-Saxon origin ( « common law » system) : The law stems from courts themselves (“case law”). International Law : Treaties and international agreements (conventions, covenants, treaties…). See the basic knowledge document on the differences between the different systems of national laws and on the characteristics of international law, on the limits of international law and on the international tribunals. We talk about domestic law = national law, peculiar to each country, in opposition with international law = interstate law.

International Law, two types of texts : Legally BINDING While agreeing on the text, a State party accepts to : change its own laws, or create new ones so that they would be in conformity with the international text. Example: Convention on the Rights of Child, the future convention on the rights of the disabled Not legally binding Guidelines that States parties undertake to respect No specific obligations Example: Standard Rules See the Basic Knowledge document on the two types of international texts. Note : the Universal Declaration of Human Rights of the United Nations is not legally binding, and is only a declaration of intentions. It was adopted by the General Assembly on December 10th 1948. The signature of the Declaration being a precondition for accession to the UN, the founders of the United Nations have deemed necessary not to confer a legally binding character to the Declaration in order to allow for accession by all countries, without hurting the political sensitivities of the concerned governments. In other words, certain countries would have not ratified such a document if it was binding, preventing the UN of having a maximum number of members. The complementary Covenants are legally binding.

2) Disability is a Human Rights issue «Disability (is) a Human Rights issue. As long as people with disabilities are denied the opportunity to participate fully in society, no one can claim that the objectives of the Universal Declaration of Human Rights have been achieved». Bengt Lindqvist / UN ex-Special Rapporteur on disability Who is the Special Rapporteur on disability ? The Special Rapporteur on disability (in 2003, Hessa Al-Thani succeeded to Bengt Lindqvist) is appointed by the Commission on Social Development and is in charge of monitoring the application of the Standard Rules (detailed on the next slides). The Special Rapporteur takes also part in the sessions of the ad hoc committee, and in the ordinary session of the Commission on Human Rights as well. In this quotation, the Special Rapporteur established the link between Human Rights and disability : the objectives of the UDHR (= Human Rights must be universally applied to everyone) will not be achieved if persons with disabilities cannot take an active part in the social life, in equality with the other members of society. We must fight for equality of opportunities and to allow disabled people to enjoy the same rights as others.

Disability is an unavoidable and universal part of human diversity. A shift in perspective has taken place on how to consider the person with disabilities : From object of charity and burden = approach of assistance, To subject with rights = approach based on the respect of any human being. See the basic knowledge document on the change of the perception of a disabled person, going from an object of charity to a subject with rights.

What does this shift imply ? Four core values of human rights are especially relevant in the context of disability : Dignity - respect of physical and moral integrity of the person... Autonomy – capacity for self-directed action, decision and behaviour… Equality – prohibition of discrimination… Solidarity - collaboration, support…  Hence human Rights apply to persons with disabilities. See the basic knowledge document. Dignity For each human being = an inherent right Without any condition = an inviolable right Dignity implies equality of rights In practice : respect of the body and mind of the person. Recognition of the person as a full citizen. 2. Autonomy Ability to control one’s life : everyday life, choice of life… Moral dimension : to recognise the capacity of judgement Material dimension : make mobility, accessibility… possible Financial dimension : recognise and allow independence 3. Equality The differences exist, but all human beings are considered the same way. Equality implies prohibition of discrimination Theoretic equality (equality of rights) : the law is the same for all, but it is insufficient to materialise equality. Practical equality (actual equality) : Each human is theoretically the equal of his neighbour, but this equality is not real (economic, physical, health inequalities). Law therefore intervenes in order to ensure actual equality, by taking into account the differences. example : give the means for equality to an individual. 4. Solidarity In almost every culture, it is seen as a moral duty. It is the realisation of a mutual need as well as a shared responsibility of assistance, from all to all. Solidarity is the means for everyone (“able-bodied” or disabled) to participate in society.

Human Rights Human Rights were born when it was clearly admitted that every human being must be respected, as part of Humanity Human Rights are reference norms : they define limits under which human life and dignity are violated (example : freedom, food, housing…) Human Rights are prioritary norms : nobody can be deprived of them without being a victim of a serious injustice. Human Rights have a western inspiration. Their universality is sometimes contested on the basis of cultural arguments, that may be founded. However, this shall not question their value and their relevance as a reference and as a goal for all. A quote can be helpful : « Human rights are universal because all human rights have fundamental rights that cannot be denied without denying humanity itself. Everywhere, we have to respect the integrity of the human being, everywhere, human beings have the right not to be tortured, killed, mutilated, enslaved, to receive health care, to have access to education, to culture, everywhere, human beings should be able to think and express themselves freely… » Robert Badinter, interview, 1998.

The main Human Rights categories Civil and political Rights Civil Rights Protect people against abuses of power Examples : right to life, freedom of association, right to freedom … Political Rights Enable individuals to participate in public life, and to exercise democratic control over State power Examples : right to vote, freedom of expression... See the basic knowledge document on civil and political rights. Civil and political rights Position of the State : to refrain from acting, in order to respect the rights and freedoms of citizens. We talk about liberty-rights, or « right to do something ». These rights are easier to implement as they demand the respect of liberties of the individual, and a non-action. There is no interventionist policy in this context. In the United Nations system, these rights are protected by the International Covenant on Civil and Political Rights (ICCPR). These rights can also be found in other international texts, such as the Convention against Torture and other cruel, inhuman or degrading treatment or punishment, or the Convention on the Elimination of All Forms of Discrimination Against Women. They aim at protecting the individuals against abuses of power.

The main Human Rights categories Economic, Social and Cultural Rights Enable the individual to live a decent life and to fulfil his essential needs. Economic Rights : right to work, right to fair wages… Social Rights : right to health, right to education, right to healthy food at regular intervals, protection of the family... Cultural Rights : right to cultural expression... Economic, Social and Cultural Rights Economic, Social and Cultural Rights are stated in the International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted in 1966. They aim favouring, or improving, the quality of life of citizens. Position of the State : to take action in order to guarantee the citizens the enjoyment of these rights. We talk about credence rights or « right to obtain something » Problem : These rights are sometimes considered as complementary (we talk about second generation rights) to civil and political rights, because they imply an action of the State, done in function of the resources of the State. This notion of resources is problematic as it makes these rights “optional”, whereas they are compulsory and undissociable from civil and political rights. Hence the question put forward by developing countries of a progressive realisation of these rights.

3) General Human Rights treaties apply to everyone International Convention on the Elimination of all forms of Racial Discrimination (1966)  International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Convention on the Elimination of all forms of Discrimination Against Women (1979)  Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984)  Convention on the Right of the Child (1989) The UN and Human Rights After the second world war, the international community realised that the horrors of the war must not be repeated : texts had to be written to force States to respect individuals. The UN (created in 1945) has then undertaken to write texts stating Human Rights, stating also that they must be protected and applied to ALL individuals. The International Bill of Rights In the UN system, the important texts that rule Human Rights are joined in a corpus of texts, called the International Bill of Rights. It is composed of the Universal Declaration of Human Rights (just a declaration, stating the fundamental rights, having no legally binding value), the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These covenants have been adopted in 1966, and entered into force in 1976. They constitute the basis of Human Rights at the International level, from which « thematic » conventions have been written (convention on the rights of the child, convention on the elimination of all forms of discrimination…)

The role of the committees attached to international texts Attached to some texts, there are monitoring committees = composed of independent experts. Role : receive periodical reports from States parties on the implementation of the convention in their country receive alternative reports from NGOs to counterbalance the state reports, receive individual and interstate complaints produce recommendations, inquiries... But : committees do not work efficiently, and do not consider the disability issue as a priority. ⇒ there is a need for a specific protection of persons with disabilities The international Human Rights treaties concerned (those having a monitoring committee called « treaty body ») are those quoted on the previous slide + the International Covenant on the Rights of Migrant Workers and their family (1990), which did not enter into force, due to a lack of ratifications. The general Human Rights treaties are endowed with committees that exercise the monitoring of the implementation of these texts. The issue of disability is not set aside by these committees, and they dispose of great possibilities. It is regretful, however, that these possibilities have been insufficiently used for promoting the human rights of persons with disabilities up to now. The central idea is that the changing process in favour of persons with disabilities (currently taking place in the world) could be considerably reinforced and accelerated if these instruments were more used, and on a better targeted way.

4) International texts concerning disabled people The UN set out great principles specific to the disability issue, but lacking legal effect. Several resolutions and recommendations were adopted. The adoption in 1982 of the World Programme of Action reveals a new objective : the equalisation of opportunities. 1993 : adoption of the « Standard rules on the equalisation of opportunities for persons with disabilities » 2002 : supplement to the Standard Rules, that completes and gives precisions on the text. See the basic knowledge document on the history of the consideration of disability by the United Nations. Human rights and disability : We will notice that, with time passing by, we have shifted from binding and general texts to non-binding specific texts concerning disabled people, to a specific and binding text : the convention which is now in elaboration.

Standard Rules on the equalisation of opportunities for persons with disabilities All human beings are equal in rights (they have the same rights) However, they are not equal in fact : they do not have the same access to rights not the same opportunities Aim of Standard Rules : favour equalisation of opportunities to allow for equality in fact. => measures have to compensate the disadvantages that prevent disabled people from having an equality of opportunities compared to the other members of society. See the basic knowledge document on equality of rights and actual equality, and on what the Standard Rules have brought. Insist on the Standard Rules, and regularly remind the participants that : - as long as the convention is not adopted, it is the fundamental text that allows to set up policies - these rules are practical, setting up enforcing mechanisms, allowing us to believe they will become a complement to the future convention - the convention is strongly inspired of the Standard Rules, notably as regards equalisation of opportunities. The Standard Rules will stay central, even after the adoption of the convention.

Standard Rules on the equalisation of opportunities for persons with disabilities The introductory paragraph number 24 of the Standard Rules defines the concept of equalisation of opportunities : The term 'equalization of opportunities' means the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to persons with disabilities. This definition focalises on the environment of the disabled person (in a global sense, including the build environment as well as public policies, etc…)

they require States to : Standard Rules on the equalisation of opportunities for persons with disabilities they require States to : remove obstacles to equal participation of persons with disabilities actively involve disabled peoples NGOs in an active collaboration. As long as the convention is not adopted, the Standard Rules is the text of reference concerning the rights of persons with disabilities. The Standard Rules have to be considered as an example of a « holistic instrument ». They differ from traditional human rights instruments, as they include (in addition to human rights norms) provisions of a different nature, and have the objective to suppress the barriers that refrain persons with disabilities from exercising their rights.

Standard Rules on the equalisation of opportunities for persons with disabilities Are not principles but practical measures :  indicate what should be done for the persons with disabilities to access the rights intended to all. 4 parts with a practical scope for an equal participation : Preconditions (awareness-raising, health care…) Target areas (accessibility, employment, education…) Implementation measures (planification, legislation, policies…) Monitoring mechanism. The Standard Rules on the Equalization of Opportunities for Persons with Disabilities CONTENTS Introduction Background and current needs Previous international action Towards standard rules Purpose and content of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities Fundamental concepts in disability policy Preamble I. Preconditions for Equal Participation Rule 1. Awareness-raising Rule 2. Medical care Rule 3. Rehabilitation Rule 4. Support services II. Target Areas for Equal Participation Rule 5. Accessibility Rule 6. Education Rule 7. Employment Rule 8. Income maintenance and social security Rule 9. Family life and personal integrity Rule 10. Culture Rule 11. Recreation and sports Rule 12. Religion III. Implementation Measures Rule 13. Information and research Rule 14. Policy-making and planning Rule 15. Legislation Rule 16. Economic policies Rule 17. Coordination of work Rule 18. Organizations of persons with disabilities Rule 19. Personnel training Rule 20. National monitoring and evaluation of disability programmes in the implementation of the Rules Rule 21. Technical and economic cooperation Rule 22. International cooperation IV. Monitoring Mechanism

5) In fact : the invisibility of persons with disabilities They are not very visible (different living places…) ; Their marginalisation is linked to the refusal to see them ; Public exposition is difficult (they are looked at). The invisibility of persons with disabilities results in the non-respect of their fundamental rights. Statement : International Law does not efficiently protect the rights of persons with disabilities. See the basic knowledge document on the invisibility of disabled people.

A few key points : The disability theme is considered only in non-legally binding texts. Need for a specific and legally binding text, which would efficiently protect the rights of persons with disabilities (ie. the convention in progress). The convention, when entering into force, will highly influence States parties’ national policies.

The process of elaborating a convention on disability Part II : The process of elaborating a convention on disability Why elaborate a convention on disability ? First step 3) Ad hoc committee sessions

Why elaborate a convention on disability ? The perception of disability has evolved : Disabled people are no longer considered as objects, but as rights bearing subjects. Disability is no longer considered as a problem linked to the person, but it depends upon the environment of the disabled individual (social model of disability). See basic knowledge document on the necessity of having a convention on the rights of the disabled.

Why elaborate a convention on disability ? to allow disabled people to enjoy the same rights as others: - Define the opportunity equalisation measures to allow access by disabled people to everyone’s rights - Have a implementation framework and monitoring mechanisms aimed at ensuring that States parties fulfill their obligations. - The reinforcement of the equalisation of opportunities theme will allow for stronger measures to be taken in that regard. - Legally binding text : creates obligations for States, in order to better protect the rights of persons with disabilities.

2) First step 1987 : 1st proposal of convention (Italy/Sweden), but there was no agreement between States on the necessity of a specific convention : it was considered that general treaties are sufficient. 99/2000 : several experts meetings clearly recognised that a specific and legally binding text on disability is needed. 2001 : Mexico suggested to work on a new convention, which was accepted by a United Nations General Assembly resolution. See the basic knowledge document on the history of the process.

General Assembly resolution 19/12/2001 Recognises that the international efforts are not sufficient to promote full and effective participation for persons with disabilities Establishes an ad hoc committee, in charge of considering proposals for a convention. Suggests to elaborate an integral convention (which would be exhaustive), based on a holistic approach (global). Invites all relevant stakeholders (NGOs, international treaty bodies, UN agencies...) to make contributions to the work entrusted to the Ad Hoc Committee See the basic knowledge document on the history of the convention and on the 2001 resolution. The 2001 resolution has initiated the creation process of a convention that will be: - an integral convention : the convention will be general, but it will protect, in an exhaustive way, disabled people, by examining the different groups (all disabled people, disabled women, disabled children…), the different rights (employment, health…), and by proposing implementation mecanisms. a holistic convention : the convention has an approach that considers the different aspects of disability as forming a whole. The convention will therefore take into account all the levels and all the aspects of the social life of disabled people, and not solely the problems directly linked to the disability. inclusive of all the relevant stakeholders : including the Special Rapporteur on disability, who is in charge of monitoring the application of the Standard Rules. The Office of the High Commissioner for Human Rights invites also a panel of experts, to consider the monitoring of the convention. The Department of Economic and Social Affairs of the United Nations (DESA), through its Division for Social Policy and development (which is in charge of issues related to disability), has also created a secretariat for the ad hoc Committee, and handles the practical organisation of the Committee.

Ad hoc committee The ad hoc committee is composed of : States representatives Civil society (NGOs): its participation is exceptional United Nations organs et agencies (High Commissioner for Human Rights, Commission on social development, World Health Organisation, International Labour Organisation …) National Human Rights Institutions Civil society : NGOs (non governmental organisations) include DPOs (disabled people organisations), which are predominant in the civil society that participates in the convention elaboration process. Participation of civil society : it is quite rare that the civil society is invited to such a process. The first case of such a participation was for the convention on the rights of child (1989) The contributions of the NGOs to the work of the ad hoc committee are essential in terms of : Identifying precisely the whole of Human rights problems met by persons with disabilities which have to be dealt with in the convention. - Communicating to governments on the situation of persons with disabilities in all parts of the world. - Specifying principles which must be included in such a convention. - Elaborating a text which contains implementation mechanisms to fight against Human rights abuses suffered by persons with disabilities.

Stakeholders positions Developing countries want practical obligations for States parties, but which do not imply a cost too high. Scandinavian countries fear that international norms would be lower than their national norms. The cultural differences in the perception of society (individualistic or communitarian) lead to a different perception of rights. Development organisations insist on development and eradication of poverty as a means to reach the aim of the convention. Disabled People Organisations : « Nothing about us without us » Developing countries want concrete obligations for “richer” States, to be sure that the process will not forget them. At the same time, they want the obligations not to be too burdensome, in order to be able to respect them. Scandinavian countries are already in advance concerning the way persons with disabilities are included in each part of social life. They fear that the convention would establish weaker international norms. Certain rights, or their implementation, are considered in different ways according to the cultural context, which can spark complex debates. For the development organisations, the convention will be correctly implemented only if the action is primarily focused on the eradication of poverty and development. For them, it is the main way to implement the convention. Disabled people organisations call for their motto « nothing about us without us » to be respected, which means : do not undertake anything about us without consulting us before, because persons with disabilities are the best placed to know what they need.

3) Ad hoc committee sessions First and Second Sessions, 2002-2003 : Choosing the type of text and creation of a working group The Committee has discussed : The necessity of drawing up a new convention, or would it be enough to add a text to an existing convention ?  It was decided to draw up a new convention, specific to persons with disabilities See the basic knowledge document on the different sessions of the Committee. During the 1st and the 2nd session, the ad hoc committee talked about two main issues : 1°) Should a text (additional protocol, annex...) be added to an existing convention, or should a specific convention be created ? The ad hoc committee eventually decided to create a specific convention because it is the best way to promote and protect the rights of persons with disabilities.

the text will deal with related and complementary issues What should the convention deal with? Solely non-discrimination, the interaction between disability and Human Rights or a more global approach ? the text will deal with related and complementary issues It will focus on : Dimensions of Human Rights and Disability, on one hand, and The core issues of social development, on the other hand (gender equality, eradication of poverty...) See the basic knowledge document on the different sessions of the Committee. 2°) Should the convention deal with specific topics such as non-discrimination (alike the convention on the elimination of discrimination against women), OR with the interaction between Human rights and disability (alike the convention on the rights of the child), OR with the whole of the topics concerning disability ? The ad hoc committee eventually decided that the convention would deal with various and complementary issues that are closely linked to disability (law, health, vulnerable people, eradication of poverty...), in a social development approach. Eventually, the text will be comprehensive, based on a holistic approach of Human rights and disability.

27 States representatives 12 Disabled People Organisations During its 2nd session, the committee established a working group, composed of : 27 States representatives 12 Disabled People Organisations 1 national institution of Human Rights January 2004 : Working Group meeting The working group was in charge of drawing up a draft text which would be the basis of the negotiations ; the draft text is composed of 25 articles. See the basic knowledge document on the different sessions of the Committee. The 2nd session of the ad hoc committee was held in June 2003. The members of the committee decided then to start the elaborating process of the convention. They established a working group, in charge of drawing a draft text that would be the basis for the negotiations of the ad hoc committee. The working group was dissolved after its mission was accomplished. (insist on the difference between ad hoc committee and working group) This working group was composed of NGOs representatives, national Human rights institutions and States representatives. The working group met from January 5th to 16th 2004. The draft was composed of 25 articles and a preamble dealing with issues agreed on by all the stakeholders, and also with the issues the ad hoc committee may wish to discuss further, especially on the subject of international cooperation. The draft of the text is available in the CD Rom, in the reference documents concerning the convention.

3rd et 4th sessions (May 2004; August 2004) : The committee discussed the draft text, and every stakeholder could suggest amendments (first reading). 5th session (January 2005) : The committee has made a second reading of the first part of the convention. 6th session (August 2005) : The committee has started the second reading of the second part of the convention. See the basic knowledge document on the different sessions of the Committee. The ad hoc committee set the deadline to 2007 to finish the elaboration of the convention and submit it to ratification. This deadline is however an « optimistic prevision ».

October 2005 : publication of the « Chairman Text » October 2005 : publication of the « Chairman Text » After the sixth session, the committee’s chairman proposed a « Chairman text », which is a new version of the convention with rewritten articles. This text tries to set up a compromise between the different positions of the participants (states and civil society) after the last reading. The chairman hopes this text will serve as the basis for negotiations during the future sessions. The « chairman » is the chair of the ad hoc Committee. This job was held by the Equatorian ambassador for the United Nations, then by New Zealand’s ambassador, who came into office just before the sixth session. He is ambassador Mac Kay, and he has a decisive role in the coordination of the process. He was the working groups coordinator in January 2004. The « Chairman text » is a new drafting of the proposed articles for the convention. It is a sort of updated new draft, and represents the most advanced version of the draft, because it tries to incorporate, while keeping the balance of the text, the different positions of States. The « Chairman text » is accompanied by a covering letter, which explains to the participants the added value of the modifications and compromises made by the chair in his « Chairman text ». Both are available on the CD Rom, in the reference documents concerning the convention.

A few key points : Exceptional participation of civil society. The elaborating process is long and complex, in order to: Get a text that would be really efficient, and that would take into account every dimension of disability, in a perspective of human rights and social development. Take into account every stakeholder’s objectives and positions. The article on monitoring is considered by all as crucial, and it’s efficiency will be important. The recent publication of the « Chairman text » helps progress of the convention. Monitoring : while staying in the same line as the other monitoring mechanisms, the monitoring committee for this new convention will have to innovate in order to be more effective than its counterparts.

Part III : Comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities Presentation of the convention : articles and structure of the « Chairman’s text » The central principles of the convention Transversal subjects Zoom on important notions Implementation and monitoring Note : All the quotes and numbers quoted in this part of the training are from the « Chairman Text ». The Chair hopes the discussions will resume, at the seventh session in January 2006, on the basis of the « Chairman text ».

Presentation of the convention: articles and structure of the Chairman’s text PART 1 Art 1- Purpose Art 2- Definition Art 3- General principles Art 4- General Obligations Art 5- Equality and non-discrimination Art 6- Women with disabilities Art 7- Children with disabilities Art 8- Promotion of positive attitudes to persons with disabilities Art 9- Accessibility First of all, it is important to state that the convention is of a transversal type, which means it includes all aspects of the rights of disabled people, from civil and political rights to economic, social and cultural rights, going through the particular protection of certain categories of disabled people… The first part of the convention aims at setting the field of application of the convention (its object, the definitions of the notions used throughout the text…). It also puts forward the general and transversal principles that will guide the convention (such as accessibility). Moreover, this part expressly designates two categories of particularly vulnerable disabled people, since subject to double discrimination : disabled women and disabled children. We can notice that article 2 which defines core notions of the convention does not define the “disabled person” nor disability. We can speculate that the ad hoc Committee will retain the definition based on the classification of the WHO, which privileges the social approach to disability (interaction between the person and the environment creates the disability).

Presentation of the convention: articles and structure PART 2 Art 10- Right to life Art 11- Situations of risk Art 12- Equal recognition as a person before the law Art 13- Access to justice Art 14- Liberty and security of the person Art 15- Freedom from torture or cruel, inhuman or degrading treatment or punishment Art 16- Freedom from violence and abuse Art 17- Protecting the integrity of the person Art 18- Liberty of movement Art 19- Living independently and being included in the community Art 20- Personal mobility The second part exhaustively enumerates the different rights that should be accessible to disabled people. These rights cover all aspects of social life, and their realisation would allow the full inclusion of disabled people in the society. It is worth noting that this part addresses civil and political rights just as social, economic and cultural rights, without any hierarchy between the two sets of rights. Hence, the convention covers all human rights that can be applied to disabled people.

Presentation of the convention: articles and structure PART 2 (continued) Art 21- Freedom of expression and opinion and access to information Art 22- Respect for privacy Art 23- Respect for the home and the family Art 24- Education Art 25- Health Art 26- Habilitation and rehabilitation Art 27- Work and employment Art 28- Adequate standard of living and social protection Art 29- Participation in political and public life Art 30- Participation in cultural life, recreation, leisure and sport

Presentation of the convention: articles and structure PART 3 Art 31- Statistics and data collection Art 32- International cooperation Art 33- National implementation and monitoring Art 34- International monitoring PART 4 Signature Ratification Accession Entry into force Amendment Reservations Dispute settlement Depositary Authentic texts The third part is one of the essential parts of the convention. Indeed, it sets up all the implementation mechanisms of the convention, as well as the statistical harmonisation needed for efficient comparative studies (in the eventuality of the use of statistical data by the monitoring committees). This part provides for international cooperation (though no substance for this article has been proposed yet), in order to facilitate the financial, technical and other cooperation among countries (not necessarily in a North-South direction, but also among countries of the South) The fourth part is a technical part which does not bring much substance to the convention, and provides for, for example, the modalities of signatures or ratification, as well as the conditions for reservations or amendments. The articles that compose this part are not yet numbered, since they have not been discussed yet. It is worthy noting that these articles are copied from the international Convention on the rights of the Child, except the article on dispute settlement.

2) The central principles of the convention It does not create new rights Objective : The full enjoyment of all human rights and fundamental freedoms by the disabled person. => The goal is to allow disabled people to enjoy the same rights as others. See the basic knowledge document on the objectives of the convention. Purpose of the convention (art 1) The goal is not to create specific rights for disabled people, but to allow them to benefit and enjoy the same rights as others, on the basis of equality of opportunities. Furthermore, article 1 of the « Chairman text » says that « the purpose of the convention is to promote, protect, and fulfil the full and equal enjoyment of all human rights and fundamental freedoms of persons with disabilities ».

This vision is illustrated through 6 general principles : It rests upon a vision of an inclusive society in which everyone has the same rights and opportunities. This vision is illustrated through 6 general principles : Dignity, autonomy and freedom of choice Non-discrimination and respect for differences Integration Equality of opportunities Accessibility Equality between men and women The vision of the society upheld by the convention makes room for individual choices, while recognising the importance of collective responsibilities. See the basic knowledge document on the general principles of the convention. The general principles (art 3) The general principles of the convention are in article 3 of the « Chairman text »: “The fundamental principles of this Convention shall be: (a) Dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; (b) Non-discrimination; (c) Full and effective participation and inclusion in society on an equal basis with others for persons with disabilities; (d) Respect for difference and acceptance of disability as part of human diversity and humanity; (e) Equality of opportunity; (f)  Accessibility ” The principles of accessibility and gender equality have been introduced in the « Chairman text » after the sixth session of the Committee.

The principles are upheld throughout the convention *Dignity Insure the physical and moral integrity of the person : by affirming the inherent right to life for all (art 10), but no consensus on when this right begins. by protecting the person against : violence and abuses (art 16) inhuman and degrading treatments (art 15) forced intervention or institutionalisation (art 17) See the basic knowledge document on dignity and the articles concerning this principle (articles 10, 15, 16 et 17). The question concerning when the right to life begins is the question of abortion for reasons of disability.

*Autonomy and freedom of choice Insure that the disabled person has the possibility of being autonomous and has the freedom of choosing : his/her place of residence (art 19), in order not to force the person to live in a specialised institution the medical treatment of his/her impairment (art 25) to have a family life and personal relations (art 23) See the basic knowledge document on freedom of choice and the articles concerning this principle (articles 19, 23, 25 et 26).

*Non-discrimination Discrimination in the draft text means : - any distinction, exclusion or restriction, - based on disability, - limiting, as a consequence, the access to rights Encompasses double discrimination (sex, ethnic origin, age…) Encompasses all forms of discrimination, be they direct and indirect discrimination. See the basic knowledge document on non-discrimination. Article 5, paragraph 1 : « States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. »  Article 5, paragraph 2 : « States Parties shall prohibit any discrimination on the basis of disability and guarantee to persons with disabilities equal and effective protection against discrimination.» We can distinguish two fundamental types of discrimination : Direct discrimination : it is the fact of treating a person less favourably than another in a similar situation (ex : refusal to hire someone because of a disability ). Indirect discrimination : it is the case where a « neutral » criteria creates a particular disadvantage for disabled people (ex : a staircase designed for all excludes by fact people in wheelchairs). The fact of refusing a reasonable accommodation can also constitute indirect discrimination. General Comment n°5 on disabled people of the Committee on Economic, Social and Cultural Rights, para. 15 :  For the purposes of the Covenant, "disability-based discrimination" may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights.

*Full integration Disabled people are integrated in all aspects of existence, considered as equal citizens and participants. This principle : expresses the desired result of the convention, echoes the principle of respect of differences within the society and to the acceptation of disability as being part of human diversity.

* Equality of opportunities Enable persons with disabilities to access, in equality with other persons, services, information and activities… It is thanks to the Standard Rules that the notion of equalisation of opportunities has become central in the treatment of the disability theme. See the basic knowledge document on equalisation of opportunities. Theoretically, equality of opportunities is the result of equalisation of opportunities. See also slide number 19 for the definition of equalisation of opportunities, from the Standard Rules. Equality of opportunities is aimed at insuring that all individuals have an equal chance to access an opportunity, and takes into consideration the fact that these different persons do not all have the same starting point.

*Accessibility = to fight against the barriers to participation of disabled people. Physical environment Implements international standard norms for every building, either public or private (Universal design). Example : standards demanding that doors be wide enough to allow a wheelchair to go through Allow and facilitate the movements of disabled people. Example : access to public transportation thanks to low-floor buses. See the basic knowledge document on accessibility. Accessibility has a wide spectrum : it benefits not only to disabled people, but also to people with reduced mobility (such as pregnant women, the elderly…), which can amount to roughly 40% of the population.

*Accessibility 2. Accessibility to information and communication allow access to information and the enjoyment of the freedom of expression. Example : information available in Braille, websites specially adapted for the needs of disabled people…

*Equality between men and women This principle has been included in the general principles of the Convention by the « chairman text » We still do not know how it will be articulated with the different articles of the convention.

3) Transversal subjects Participation of persons with disabilities and their representative organisations to decision-making processes (articles 4, 8, 9, 29 et 31). Mainstreaming : (article 4) take disability into account in all development actions and at all stages (planning, implementation, evaluation…) Examples : take disability into account during the elaboration of a general policy concerning health, education, housing… See the basic knowledge document on the participation of disabled people and on mainstreaming. Mainstreaming is the taking into consideration of the needs of disabled people, as early as possible and in a transversal way, in the decision making process concerning the entire population, and an equal responsibility of all the decisional actors.

Transversal subjects Community based support (local level): The appropriate services and resources have to be available at the community level (in the fields of education, health…). This contributes into allowing disabled people to have the opportunity to live autonomously within their local community. See the basic knowledge document on community based support. Community based support includes a transversal and a particular level. We can find the notion of community based support transversally in many articles of the convention, like those regarding education (article 24) or health (article 25). Community based support is also illustrated particularly in article 19 concerning independence and integration in the community. This local support is essential in order to allow disabled people to enjoy their right to live like anyone else in the place of their choice.

4) Focus on important notions Reasonable accommodation measures Affirmative actions Legal capacity Vulnerable groups Situations of risk

Reasonable accommodation measures A reasonable accommodation measure is a material measure aiming at favouring equalisation of chances. = individual measures = do not imply a disproportionate burden in all fields : financial, education, employment… The absence of reasonable accommodation constitutes a form of indirect discrimination. according to the General Observation n°5 from the ICESCR Committee Definition : Article 2 of the Chairman text : «Reasonable accommodation means necessary and appropriate modification or adjustments not imposing a disproportionate burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on a basis of equality with others of all human rights and fundamental freedoms » Hence, the accommodation has to be : Individual : adapted to the precise and personal needs of the person. Reasonable : which does not imply a disproportionate investment in comparison to the goal to achieve, but sufficient to attain the goal. Example : provide a keyboard in Braille to a blind person ; provide an interpreter in sign language during a job interview… Reasonable accommodation is used in the context of the fight against discrimination. When a disabled person is a victim of a differentiated treatment because of his disability, this treatment will become a discrimination if it can be established that there is a way of reasonably accommodating this difference and it has not been used.

They aim at realising equalisation of opportunities. Affirmative actions Measures of preferential promotion of a usually disadvantaged category of persons. They aim at realising equalisation of opportunities. They are temporary measures – they stay in place as long as the disadvantage is not compensated for. Ex: establish quotas for the employment of disabled people within a company, grant tax incentives… The convention provides for affirmative actions in order to encourage employers to hire disabled people (article 27). The goal of affirmative actions is to take concrete actions in order to increase the representation of disabled people in the fields where they are traditionally excluded (work, education..;) and in a temporary manner. When these affirmative actions include quotas or a preferential selection, they often generate controversies. Some may find contestable the fact of privileging the hiring of a disabled person for a job, in comparison to other candidates with equal qualifications. It is however one of the means of fighting against discrimination of disabled people in hiring, which is a harsh reality. Affirmative actions cannot be considered as a discrimination. The wording « positive discrimination », which associates a positive word with a negative notion, is confusing. This expression is however les and less used, since even if preferential treatment seems contrary to the formal notion of equality, it is recognised in substance that individuals in different situations ought to be treated differently. For more information on affirmative actions, se the Background conference document prepared by the Office of the United Nations High Commissioner for Human Rights on the concept of « special » measures in international human rights law, included in the reference documents.

Legal capacity Legal capacity is the legal aptitude of a person to be a holder of rights and obligations and to be able to put them to use. In the common law system, legal capacity is understood as the general capacity of a person to engage in legal acts, such as contracts, etc… Legal capacity distinguishes itself from legal personality, which a recognition of a person as a rights holder (= subject of law, ie. The person has rights and the possibility to enforce them in a tribunal. For more information on legal capacity, see the Background conference document prepared by the Office of the United Nations High Commissioner for Human Rights on Legal Capacity, included in the reference documents on this CD Rom. The question of legal capacity touches the tutorship system (one of the types of protection provided to a person with disabilities when the person is considered no longer able to exercise his or her rights or to provide for his or her interests), which is a complex subject, since systems vary from country to country. Moreover, abuses of certain political systems in the use of the notion of legal capacity in order to take away all legal existence to political opponents makes the debate more tense.

The sixth session has tackled the opportunity of including : Vulnerable groups The sixth session has tackled the opportunity of including : - an article 6 concerning disabled women since they suffer from a double discrimination and are subject to violence and abuses. - an article 7 conferring a special protection to disabled children. However, the necessity of having a separate article for the protection of those two categories of vulnerable disabled persons is not decided upon. See the basic knowledge document on the protection of vulnerable groups and on the debate on the necessity to include a separate article concerning the protection of these vulnerable groups. If a separate article allows attention to vulnerable groups, the danger is that this group will be taken into account in an article but not in a general manner (no mainstreaming of the issue).

Situations of risk (for now, this article 11 is still under consideration, and could be moved to the preamble of the convention) It is important to protect disabled people in cases of armed conflict, natural disasters, and other situations which make them more vulnerable. This article will define the obligations of States to guarantee a specific and efficient protection of disabled people in situations of risk. Considering the devastation caused by the tsunami in Asia on December 2004 (the 5th ad hoc Committee held meeting in January 2005) as well as the Katrina hurricane in the United States or the recent earthquake in Pakistan, it is important to note the gaps, mismanagements and failures in the evacuation and rescuing of disabled people and of people with reduced mobility. This topic is therefore important for the convention. A certain number of governments push for a separate article, while some other countries have suggested putting the subject in the preambulatory paragraphs – which are not legally binding. The experience shows that the situation of disabled people in situations of risk (natural disaster, armed conflicts…) is particularly difficult and neglected, whether it is in disaster-preparedness, during the catastrophes, or in an emergency and post-emergency context where intervention is needed to manage the consequences of the risk involved.

5) Implementation and monitoring Monitoring (articles 33 and 34) To be efficient, the convention must elaborate relevant monitoring mechanisms, such as : establishment of monitoring committees (on national, regional and international levels) possibility of individual and interstate complaints reinforcement of national, regional and international mechanisms collaboration with existing UN Human Rights treaty bodies. Any monitoring mechanism must include the participation of persons with disabilities (including disabled peoples organisations). The ad hoc Committee, during its sixth session, has decided to elaborate an article 33 on the monitoring on the national level and an article 34 on the international monitoring. It was also decided that the monitoring mechanisms that will be installed will have to be binding upon the States. For now, no compromise has been found and the articles are yet to draft. Nevertheless, the United Nations High Commissioner for Human Rights established a panel of experts to discuss the issue of a establishing a innovative and efficient monitoring system for the new convention on the rights of persons with disabilities. This new convention, considering the limitations of the other monitoring mechanisms, has to propose an innovative system. However, the Committee cannot set up, for this convention, a monitoring system that will be completely different; since it is necessary that the monitoring committee integrates itself within the existing monitoring system. It will therefore be vital to strike a balance between innovation and tradition. Furthermore, the convention (article 33) obliges States Parties to set up national action plans. The modalities of execution of these plans are at the discretion of the States, because of the variety of judicial, constitutional and administrative systems, but they will have to constitute a framework in order to promote, protect and follow up on the realisation of the rights enshrined in the convention. The question of the national action plans is still to be debated.

International cooperation (art 32) It would be a transfer of resources, aid and expertise between States, NGOs, international organisation, private sector, in a North-South perspective, but also South-South all fields : technical, scientific, economical, technological, training, information exchange… It should allow : access to new technologies, information sharing, and harmonisation of standards of access mainstreaming of disability issues in all development cooperation programmes a better implementation of the convention. The absence of international cooperation can not constitute a motive for non application of the convention. The necessity for international cooperation in the implementation of this convention is subject to large consensus ; the main problem arises from its place in the convention (preamble, general obligations, principles, separate article…) What is the aim of international cooperation ? Several members of the group have considered that this notion should be analysed in a broad sense, in order to include elements such as information sharing and better practices, scientific research, training, encouraging awareness-raising, cooperation between organisations of persons with disabilities, development of technology, etc… This international cooperation must also be led in a bilateral and/or regional framework, in the framework of multilateral forum, including through specialised agencies and financial institutions, as well as in a context of exchange between actors of the South. International cooperation must eventually result in a huge network, establishing relationships between all the actors, and linking all the fields related to disability. It will be a multilateral and decentralised cooperation. In order to avoid international cooperation becoming a instrument blocking the implementation of the convention, it is probable that the article on international cooperation will declare that a country cannot suspend the application of the convention using the excuse that international cooperation is absent or insufficient.

The realisation by States Principle : the compulsory and immediate realisation by the State of the rights sanctioned by the convention. = by modifying national regulation and by guaranteeing the application of the rights. But : Certain States ask for the possibility of a progressive realisation = could allow these States to depart temporarily from the implementation of economic, social and cultural rights when the country needs more time for implementation. The States will have to prove that measures are taken to make progress, even if the realisation of the convention is not complete. It is not allowed for civil and political rights. See the basic knowledge document on progressive realisation. It is understood by progressive realisation the possibility, for States that do not have the necessary resources for an immediate and complete implementation of the rights of the convention, to benefit from a reasonable delay in order to implement the rights and the scaling of the time frames. This question of progressive realisation of certain rights is authorised for economic, social and cultural rights, but not for civil and political rights. The debate is whether to include such a progressive realisation in the convention, by the inclusion in the article 4 of the « Chairman text » (general obligations), paragraph 2 : « With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international co-operation, with a view to achieving progressively the full realisation of these rights, except where achieving progressively the full realisation of these rights would result in discrimination on the basis of disability.”

A few key points : The convention is not aimed at creating new rights but at allowing persons with disabilities to enjoy their rights, in equality with the other members of society. It touches all aspects of life It states rights but also constraining implementation principles Some fundamental topics are still considered, and a consensus will have to be reached for each of them (such as for international cooperation).

To follow the elaboration process of the convention Consult the Enable UN website, where you will find : The « Chairman text » as well as the first draft of the Working Group The official reports of the ad hoc Committee sessions The « daily summaries » of the sessions of the Committee The different amendments proposed by participants (States, NGOs, UN agencies, Human Rights institutions…) http://www.un.org/esa/socdev/enable/index.html The website is in many languages.

Part IV : The participation of civil society in the elaboration process of the convention See the basic knowledge document.

The voice of the civil society during the sessions of the ad hoc Committee : International Disability Caucus (IDC). Gathers about fifty organisations from around the world (august 2005), from which a majority are disabled peoples organisations. Holds the unified voice of the civil society during the ad hoc committee sessions. => it is civil society’s lobbying body. International Disability Caucus is a group composed of associations representing disabled people, and their allies. Handicap International is one of the 50 IDC members, and is one of the members of IDC’s coordination committee (composed of 15 members). This group represents the voice of civil society and influences the debates on the convention with its expertise. Together, the member associations of the Caucus set up a common strategy that will be upheld in a unified voice. The coherence of the Caucus’ message and the solidarity among its members on different but complementary themes will allow the civil society to bring a strong and credible contribution to the text of the convention. The objectives of IDC : influence debates, the text of the convention and the position of States.

IDC’s actions Active participation to the drafting of the first draft (January 2004) 12 NGOs from IDC among the 40 members of the working group Amendment proposals from IDC on all the articles of the convention : Drafting proposals for every article Arguments to describe its positions for every article. You will find all of IDC’s amendment proposals for the sixth session on : http://www.un.org/esa/socdev/enable/rights/ahc6contngos.htm IDC prepares amendments on the new « Chairman text » for the seventh session of the ad hoc Committee. These new amendments will be available on the same « enable » web page.

During the sessions of the ad hoc Committee : But also During the sessions of the ad hoc Committee : Organisation of parallel meetings aside from the plenary sessions. Organisation of an IDC secretariat (done by Handicap International). Between the sessions : Elaboration of new concrete proposals that will be upheld by the Caucus - via « Yahoo Group » on precise themes on every article of the convention with one coordinator per article. Publication of a guide to facilitate the integration of new participants from the civil society. The meetings during the ad hoc session are of three sorts : - the « side events » on important subjects IDC briefings, which invite State delegations to share their positions on the convention (lobbying activity) IDC internal meetings. The secretariat of the Caucus, held by Handicap International, has as objectives to : - set up and manage the meetings agenda, - realise the minutes of the meetings, create and share the IDC lobbying notes for the governments, UN agencies… - orient people towards the facilitators for the articles.

A few actions done by IDC members Writing of daily reports on the debates held in the Committee (daily summaries) by Rehabilitation International, translated into French by Handicap International, into Arabic by the Landmine Survivors Network, into Spanish by the Inter-American Institute on Disability… Realisation of internet pages concerning the convention Handicap International, Inclusion International, Landmine Survivors Network, Disabled People International, Rehabilitation International… Set up of a project to develop the participation of the South’s civil society Handicap International and Inter-American Institute on Disability. … The spread of information on the convention is essential. It concerns : disabled people themselves, the disabled peoples organisations, governments, development organisations… Handicap International’s web page on the convention : http://www.handicap-international.org/esperanza/news/adhoc2004.asp HI with Inter-American Institute on Disability (IID) set up a project (called Project South) which is destined to allow for NGOs from the South to participate in the preparation workshops for the seventh session of the ad hoc Committee and to the session itself. The objective is to reinforce their participation and implicate them in the elaboration process, in order for them to : - spread the information in their home country, - prepare their civil society for the ratification, implementation and monitoring of the convention.

In conclusion Civil society has a great role inside the ad hoc Committee Civil society has a unified voice through the International Disability Caucus It influences the debates, but it is the States that ultimately decide and ratify the final text It has to spread the maximum information on the convention and mobilize the energies of the civil societies from all countries for : the end of the elaboration process the later steps (ratification, implementation, monitoring).

Handicap International’s focus on inclusive development Handicap International is a member of International Disability and Development Consortium (IDDC): 21 NGOs et DPOs dealing with disability and development. HI and IDDC, inside the Internationa DisabilityCaucus (IDC) : have proposed an amendment on inclusive development during the fifth session. have realised a CD Rom they presented in New York, which includes resources on inclusive development in respect of every article of the convention («The Disability Convention – Making It Work»). By associating the members of the International Disability and Development Consortium (IDDC), Handicap International elaborates positions on the development practices and makes proposals. The link between human rights and development is strong ; it is considered that respect for human rights goes towards a better development. Development without respect of human rights is senseless, and vice versa. The IDDC position is therefore to promote an inclusive development. We can also promote inclusive approaches in the framework of international cooperation, by passing agreements to reinforce the taking into account of disability in all the development projects set up or financed by this cooperation. In order to find the IDDC amendment proposals on inclusive development: http://www.un.org/esa/socdev/enable/rights/ahc5contngos.htm

What is inclusive development ? => A development that integrates disabled people in the general process, while at the same time taking into account their specific needs. Inclusive development : implies that the disability dimension has to be taken into account in all the steps of development (programming, implementation, evaluation, follow up), guarantees that the civil society (such as the disabled peoples organisations) is an actor in the development process and its implementation, bases itself on a rights based approach of development.  An inclusive development for an inclusive society : Inclusive development applied to the disability context aims at : recognising disabled people as rights bearers. allowing for active participation of disabled people in all phases of the development process. facilitating the consideration of disability in all the national development strategies (mainstreaming). offering a framework for international cooperation. In other words, inclusive development (i) Guarantees disabled people the benefit of the same rights as all other members of society, as well as being associated to the development process without discrimination based on the disability, the age, the sex, race, colour, religion or others… (ii) It implies that the organisations, the programmes and the development policies are defined according to their impact on the lives of disabled people, by supporting the promotion and defence of human rights.

Why talk about inclusive development ? According to the United Nations, over 600 millions of persons have a disability, and 82% of them live in developing countries and are among the poorest of the poor. The economic and social exclusion that face those persons is a major development issue. The elimination of poverty cannot be achieved without : - mainstreaming the disability issue in all development policies and processes, AND - ensuring that persons with disabilities participate and are involved in all phases of development programs. In the general obligations of States prescribed in the convention, it is said that States have to favour the participation of disabled people, et take into account their specific needs in the implementation of all development policies (mainstreaming). The barriers to inclusion in development appear as social environment imposed limitations, as well as the legal and physical environments, and as violations of disabled peoples rights. Ensure that inclusive development figures in the convention will allow to : Facilitate the mainstreaming of questions linked to disability in development strategies of all countries, and to (ii) Give a framework to international cooperation in support of inclusive development. Inclusive development includes the expertise of disabled people as volunteers, trainers, field personnel and administrators. The development organisations have to guarantee that the programmes are accessible and encourage inclusion of disabled people.

How the convention can reach the objectives of inclusive development ? Certain of the identified means to achieve inclusive development are present in the text of the convention (it is however not finalized) : Community-based support Consultation and representation of disabled people Awareness raising on disability Information sharing… Information sharing : Information accessibility and exchange are essential preconditions for the full enjoyment of human rights and the implementation of the convention. An important element : rule n°1 in the Standard Rules is entitled « awareness raising ». This implies that awareness raising is one of the four preconditions of equalisation of opportunities of disabled people.

How the convention can reach the objectives of inclusive development ? Other aspects have yet to be integrated in the convention : The increase of disabled peoples standards of living The protection of certain vulnerable categories of populations : refugees, ethnic minorities… International cooperation as a means of implementation The protection of disabled people in risk situations: the issue is mentionned but is not decided upon yet. The increase of standards of living : it does not concern only poor countries, since social welfare is low in rich countries as well, especially the welfare dedicated to disability, and disabled people are often among the poorest fringes of the population. Protection of vulnerable populations : it is difficult to impose a specific protection for certain groups of people considered as particularly vulnerable (there is already an existent article on women and children), especially because certain countries do not want such a specific protection.

How the convention can reach the objectives of inclusive development ? The monitoring has to be considered : - at all levels : national, regional, international. - in the framework of existing human rights instruments. - in link with development mechanisms, such as the “Poverty Reduction Strategy Plans”. - on the basis of indicators allowing to measure the effective respect of rights. These indicators stem from the set up of a development policy based on human rights. The evaluation of the impact of rights based development provides analysis, core documents and indicators from which progress can be measured and the programming can be defined. In the framework of the fight against poverty, we will use what already exists. For instance, the PRSPs (poverty reduction strategy plans) are negotiated between the World Bank and the States. Therefore, it would be helpful to have the theme of disability included in the PRSPs. Monitoring does not necessarily lead to the creation of new techniques, since what already exists should be used. Concerning monitoring, NGOs produce reports on the implementation of the conventions in the signatory States. These reports sometimes go against official information, which allows for efficient questioning of the real situation, and provides a basis for the work of the monitoring committee.

TO COME…

Convention : the next deadlines January and August 2006 : 7th and 8th sessions of the ad hoc Committee third reading of the convention on the basis of the Chairman Text Discussions on the structure of the text 2007 : The convention should be finished  the second aspect of the lobbying action of the civil society will start for the ratification of the convention by States. Ratification lobbying Once the text is finalised and adopted, a minimum amount of ratifications will be necessary for the entry into force of the convention. NGOs will therefore, once the text is submitted to ratification, lobby the States for signatures and ratifications.

The role of civil society Following the ratification by States, the civil society’s exceptional role has to continue for the implementation and monitoring aspects.

The role of civil society after ratification Insist on an efficient implementation and monitoring of the convention by States Parties. Within the monitoring process : observation, gathering and management of information, in order to : - submit alternative reports to the monitoring committee, - plead in front of the monitoring committees (national, regional and international), - facilitate access to information for the civil society, inform on / influence disability policies… Implementation and its monitoring The role of NGOs after the entry into force of the text will be concentrated around three tasks : promote an effective implementation of the convention at the national level, and find solutions to the national problems linked to implementation. Thus, NGOs can use their national influence to allow for a better application of the convention, by pressuring the authorities responsible for the implementation to define efficient policies. use their collaboration network to allow for experience sharing between States and civil society in order to organise forums to develop and spread good practices. - play an essential role during the sessions of the monitoring committees of the Convention. NGOs can submit alternative reports concerning their interpretation of the implementation of the convention. These reports are particularly interesting for the experts of the committees, since they allow to put into perspective the « perpetual good news » brought by States in their periodical reports. These alternative reports allow the committees to identify the real problems in the implementation of the convention, which are often minimised or ignored in the State reports.