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

2. 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.

3. 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

4. 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.

5. 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

6. 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)

7. 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)

8. 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.

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

10. 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.

11. Development of the Convention
Efforts beginning in 1980s but concentrated during 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

12. Visual Snapshot of Status

13. 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.

14. Go forth and describe… Disability Discrimination
Reasonable Accommodation

15. 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?

16. 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.

17. 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).

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