1 Irish Human Rights Commission Conference on Monitoring of Draft Disability Treaty Dublin, 16 April, 2005 1. Why a Human Rights Framework On Disability?

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Presentation transcript:

1 Irish Human Rights Commission Conference on Monitoring of Draft Disability Treaty Dublin, 16 April, Why a Human Rights Framework On Disability? 2. Why a Treaty? 4. Key Challenge - Monitoring 3. The Treaty Drafting Process

2 Why Are Frameworks Important ? Frames our VIEW of Reality Helps us JUDGE Reality Inspires us to CHANGE Reality 1. Why a Human Rights Framework On Disability?

3 The Human Rights Framework & Disability ValuesRights Invisibility Of PWDS Dignity Autonomy Equality Solidarity Civil Political Economic, Social & Cultural Negative use of Difference Discounted Rights

4 Human Rights Challenge in Context of Disability To View PWDs as Subjects, Not Objects. To View PWDs Not as Problems, but as Rights Holders. To Ensure the Equal Effective Enjoyment of All Human Rights for PWDs.

5 ICCPR ICESCR CEDAW CRC CERD Migrants CAT General Treaties Thematic Treaties by Group Thematic Treaties By Right Core Problem 2. Why a Treaty?

6 NOT to create new law. BUT To Draw out Entailments of Existing Human Rights Law In the Context of Disability. New Thematic Human Rights Treaty So ………Purpose of Treaty

7 3. The Treaty Drafting Process Sweden & Italy Drafts – 1980s UN Standard Rules UN Human Rights Commission Failed Irish Resolution 2000 UN Study on Treaty Law & Disability 2002 UN GA Resolution 2001

8 Ad Hoc Committee 1 st Session – nd Session – 2003 Working Group – rd Session – th Session – th Session – th Session – August 2005

9 4. Key Challenge - Monitoring Stimulate Domestic Law Reform Conscientize Civil Society Develop Normative Understandings Propagate insights at International Level Assist States Hold States to Account PURPOSES…..

10 Existing Monitoring Mechanisms Periodic Reporting Complaints Enquiries Inter-State Procedures.

11 Big Options No Monitoring Body Ombudsperson ‘Normal’ Monitoring Body ‘Modified’ Monitoring Body

12 Misc Web Resources… UN Study on Human Rights & Disability UN Treaty Process Output of Working Group January