INTERNATIONAL TRENDS IN DISABILITY and RIGHTS Putting the Disability Rights Lens onto the Policy Agenda Marcia Rioux

HISTORY NOT FORGOTTEN

SEPARATE AND UNEQUAL

HUMAN RIGHTS PRINCIPLES Equality Equality Self determination/autonomy Self determination/autonomy Inclusion Inclusion Interdependence/Solidarity Interdependence/Solidarity Dignity Dignity Justice Justice Non-discrimination Non-discrimination

OMISSION AND COMMISSION both both direct human rights abuses and direct human rights abuses and failures to remove obstacles to the exercise of rights failures to remove obstacles to the exercise of rights have to be recognized as human rights violations. have to be recognized as human rights violations.

Mary Robinson, U.N. Human Rights Commissioner “Disabled persons frequently live in deplorable conditions, owing to the presence of physical and social barriers, which prevent their integration and full participation in the community. Millions of children and adults worldwide are segregated and deprived of their rights and are, in effect, living on the margins. This is unacceptable”. “Disabled persons frequently live in deplorable conditions, owing to the presence of physical and social barriers, which prevent their integration and full participation in the community. Millions of children and adults worldwide are segregated and deprived of their rights and are, in effect, living on the margins. This is unacceptable”.

RIGHTS AS GOALS Services, supports, programmes, funding allocations must have inclusion built into their designs. Services, supports, programmes, funding allocations must have inclusion built into their designs. They are not ends in themselves but are MEANS to social & economic integration and legal and social rights They are not ends in themselves but are MEANS to social & economic integration and legal and social rights

GENERAL UN HUMAN RIGHTS INSTRUMENTS ICESCR Economic Rights Social Rights Cultural Rights ICCPR Civil Rights Political Rights

ICESCR GENERAL COMMENT #5 [Discrimination] against persons with disabilities ranges from invidious (e.g. denial of education opportunities) to more “subtle” forms such as segregation and isolation achieved through the imposition of physical and social barriers……. [Discrimination] against persons with disabilities ranges from invidious (e.g. denial of education opportunities) to more “subtle” forms such as segregation and isolation achieved through the imposition of physical and social barriers…….

UN STANDARD RULES 1994 The principle of equal rights implies that the needs of.. every individual are of equal importance, that hose needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation……. The principle of equal rights implies that the needs of.. every individual are of equal importance, that hose needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation…….

The Standard Rules States have a responsibility to create the legal bases for measures to achieve the objectives of full participation and equality of persons with disabilities….. States must ensure participation of organizations of persons with disabilities are involved in the development of national legislation … (and) on-going evaluation” States have a responsibility to create the legal bases for measures to achieve the objectives of full participation and equality of persons with disabilities….. States must ensure participation of organizations of persons with disabilities are involved in the development of national legislation … (and) on-going evaluation”

IMPERATIVES FOR INCLUSION for making the outsider an insider for making the outsider an insider for judging society's institutions in the name of human rights, citizenship and participation, for judging society's institutions in the name of human rights, citizenship and participation, for judging whether policies, programs and expenditures are exclusionary in outcome, even if not in intent. for judging whether policies, programs and expenditures are exclusionary in outcome, even if not in intent.

DEBATE CIRCUMVENTED The debate on social justice and fundamental human rights is reduced to a debate on the level and quality of service for undesirable, marginalized people. The debate on social justice and fundamental human rights is reduced to a debate on the level and quality of service for undesirable, marginalized people.

A Sustainable Human Rights Framework Recognizes that: Disability is a result of social, legal and economic status Disability is a result of social, legal and economic status A broad set of factors contribute to exclusion and the loss of human rights A broad set of factors contribute to exclusion and the loss of human rights Respect for diversity contributes to well-being Respect for diversity contributes to well-being People must be supported to exercise their rights People must be supported to exercise their rights People need a sense of fairness in their communities and societies People need a sense of fairness in their communities and societies

FIRST MEETING OF AD HOC COMMITTEE A Yes or No Proposition! A Yes or No Proposition! Does the World need another Human Rights Convention? Does the World need another Human Rights Convention? Lets meet again next year! Lets meet again next year! Steve Estey

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! Steve Estey

NGO’s on Working GROUP 12 of 27 members Landmine Survivors Network - Mr. Adnan al Aboudi (Jordan) Landmine Survivors Network - Mr. Adnan al Aboudi (Jordan) Inter-American Institute on Disability - Mr. Luis Fernando Astorga Gatjens (Costa Rica) Inter-American Institute on Disability - Mr. Luis Fernando Astorga Gatjens (Costa Rica) Disabled Peoples’ International - Mr. Shuaib Chalklen (South Africa) Disabled Peoples’ International - Mr. Shuaib Chalklen (South Africa) European Disability Forum - Mr. Yannis Vardakastanis (Greece) European Disability Forum - Mr. Yannis Vardakastanis (Greece) World Federation of the Deafblind - Mr. Lex Grandia (Denmark) World Federation of the Deafblind - Mr. Lex Grandia (Denmark) Disabled Peoples’ International - Ms. Venus Ilagan (Philippines) Disabled Peoples’ International - Ms. Venus Ilagan (Philippines) World Federation of the Deaf - Ms. Liisa Kauppinen (Finland) World Federation of the Deaf - Ms. Liisa Kauppinen (Finland) Inclusion International - Mr. Robert Martin (New Zealand) [assisted by Klaus Lachwitz from Germany] Inclusion International - Mr. Robert Martin (New Zealand) [assisted by Klaus Lachwitz from Germany] World Network of Users and Survivors of Psychiatry - Ms. Tina Minkowitz (USA) World Network of Users and Survivors of Psychiatry - Ms. Tina Minkowitz (USA) Disability Australia Limited - Ms. Anuradha Mohit (India) Disability Australia Limited - Ms. Anuradha Mohit (India) World Blind Union - Ms. Kicki Nordström (Sweden) World Blind Union - Ms. Kicki Nordström (Sweden) Rehabilitation International - Mr. Gerard Quinn (Ireland) Rehabilitation International - Mr. Gerard Quinn (Ireland)

GOVERNMENT REPS. ON WORKING GROUP Asia (7) Asia (7) Africa (7) Africa (7) Latin-America & Caribbean (5) Latin-America & Caribbean (5) West Europe & Other (5) West Europe & Other (5) Eastern Europe (3) Eastern Europe (3) National Human Rights Institutions (1) National Human Rights Institutions (1)

INTERNATIONAL DISABILITY ALLIANCE Formed 1999, Cape Town, South Africa Formed 1999, Cape Town, South Africa Members Members Disabled Persons International (1981) Disabled Persons International (1981) World Blind Union World Blind Union World Federation of the Deaf (1951) World Federation of the Deaf (1951) World Federation of the Deafblind World Federation of the Deafblind World Network of Users & Survivors of Psychiatry World Network of Users & Survivors of Psychiatry Inclusion International Inclusion International Rehabilitation International (1922) Rehabilitation International (1922)

FINDING A VOICE 14. Invites human rights treaty monitoring bodies to take into account the concerns of people with disabilities in their lists of issues and concluding observations, to consider drafting general comments and recommendations on the full enjoyment of human rights by persons with disabilities and to integrate a disability perspective into their monitoring activities 14. Invites human rights treaty monitoring bodies to take into account the concerns of people with disabilities in their lists of issues and concluding observations, to consider drafting general comments and recommendations on the full enjoyment of human rights by persons with disabilities and to integrate a disability perspective into their monitoring activities UN High Commission on Human Rights Resolution on the Human Rights of People with Disabilities (E/CN.4/2004/L76)

2004 – BUILDING MOMENTUM January - Working Group Meets for 2 Weeks – prepares first official draft text 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 May / June - Ad Hoc Committee # 3 – First reading of draft text by all UN member states August / September – Ad Hoc Committee # 4 - negotiations continue August / September – Ad Hoc Committee # 4 - negotiations continue

The Challenge: Deriving a Consensus from the Trends To find a consensus that cuts across the diverse interests of people with disabilities. 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 entrench judiciable human rights, without binding with a programmatic focus. To ensure a monitoring mechanism To ensure a monitoring mechanism To maintain a voice in change To maintain a voice in change To translate global human rights into local benefits To translate global human rights into local benefits

“ 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

PREMISES Monitoring or no monitoring process? Monitoring or no monitoring process? Combination reporting? Periodic reporting/ targeted reporting on high priority issues? Combination reporting? Periodic reporting/ targeted reporting on high priority issues? Relationship of this committee to other monitoring bodies? to Special Rapporteur? to general UN bodies? Relationship of this committee to other monitoring bodies? to Special Rapporteur? to general UN bodies? Complaints mechanism? Yes or no Complaints mechanism? Yes or no Composition of the committee? Composition of the committee? General comments from Committee? General comments from Committee?

MONITORING OPTIONS Rolls Royce Traditional Model Rolls Royce Traditional Model International Ombudsmen International Ombudsmen National Institutions (eg. H.Rts. Commissions or gov’t focal points) National Institutions (eg. H.Rts. Commissions or gov’t focal points) Existing Regional Institutions Existing Regional Institutions

COMPONENTS OF STRONG MONITORING 1. Knowledge/hard facts 2. Monitoring not just rights but also processes 3. Capacity Building 4. Monitoring has to have built in follow up 5. No Escape clauses in monitoring.