1. Convention on the Rights of Persons with Disabilities and its Optional Protocol Basic reminder

2. Convention facts Adoption by the United Nations General Assembly - 13 December 2006 Opened for signature - 30 March 2007 Entry into force – 3 May 2008 CRPD:151 states ratified, 159 signed Optional Protocol: 92 signed, 85 ratified, entered into force 7 conferences of states parties 12 sessions of the Committee on the Rights of Persons with Disabilities with 18 countries reviewed so far and 2 general comments issued (art 12 and art 9)

3. Relationship to other international instruments texts The Convention builds upon previous international texts Those related to persons with disabilities mainly the Standard Rules on the Equalization of Opportunities for Persons with Disabilities - 1994 (not a legally binding treaty) As well as all other human rights treaties

4. Why a Convention? A response to an overlooked development challenge: approximately 15% of the world’s population are persons with disabilities (over a billion million persons). Approximately 80% of whom live in developing countries A response to the fact that although pre-existing human rights conventions offer considerable potential to promote and protect the rights of persons with disabilities, this potential was not being tapped. Persons with disabilities continued being denied their human rights and were kept on the margins of society in all parts of the world. The Convention sets out the legal obligations on States to promote and protect the human rights of persons with disabilities.

5. Purpose of Convention (Article 1) To promote, protect and ensure the full and equal enjoyment of ALL human rights and fundamental freedoms by ALL persons with disabilities, and to promote respect for their inherent dignity

6. A Paradigm Shift The Convention marks a ‘paradigm shift’ in attitudes and approaches to persons with disabilities. Persons with disabilities are facing barriers and rights violations that restrict their participation and inclusion States have the duty to take all adequate measures to remove barriers, tackle discrimination and support persons with disabilities so that they can enjoy all their rights on equal basis with others. It leaves behind the perspective that response to marginalsitation of persons with disabilities is solely welfare or medical treatment and medical rehabilitation which historically contributed to consolidating marginalization.

7. What is Disability according to CRPD? The Convention does not legally define disability Preamble of Convention states: – ‘ Disability is an evolving concept, and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders full and effective participation in society on an equal basis with others ’ Article 1 of the Convention states: – ‘ Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others’. However it is expected that states based their definition of disability at national level on those elements

8. Convention Structure Preamble 1. Purpose 2. Definitions 3. General principles 4. General obligations 5. Equality and non-discrimination 6. Women with disabilities 7. Children with disabilities 8. Awareness-raising 9. Accessibility 10. Right to life 11. Situations of risk and humanitarian emergencies 12. Equal recognition before the law 13. Access to justice 14. Liberty and security of the person 15. Freedom from torture or cruel, inhuman or degrading treatment or punishment 16. Freedom from exploitation, violence and abuse 17. Protecting the integrity of the person 18. Liberty of movement and nationality 19. Living independently and being included in the community

9. Convention Structure 20. Personal mobility 21. Freedom of expression and opinion, and access to information 22. Respect for privacy 23. Respect for home and the family 24. Education 25. Health 26. Habilitation and rehabilitation 27. Work and employment 28. Adequate standard of living and social protection 29. Participation in political and public life 30. Participation in cultural life, recreation, leisure and sport 31. Statistics and data collection 32. International cooperation 33. National implementation and monitoring 34 to 40. International monitoring mechanism 41 to 50. Final clauses Optional protocol

10. General Principles (Article 3) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons Non-discrimination Full and effective participation and 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 with disabilities and respect for the right of children with disabilities to preserve their identities

11. General obligations (art 4) States must Take all adequate measures to implement the CRPD Make sure that their legal and administrative frameworks as well as all public entities do not discriminate persons with disabilities Protect persons with disabilities from discrimination by non- state actors Provide information to persons with disabilities on possible support Ensure enforcement across decentralisation levels Consult persons with disabilities and their representative organisations on all matters related to CRPD implementation

12. Equality and Non discrimination State should protect persons with disabilities from discrimination on the ground of disability State should protect persons with disabilities from discrimination on any other grounds on equal basis with others Duty to provide reasonable accommodation Specific measures for de facto equality

13. Non-discrimination Fundamental principle of international human rights law Core element of the CRPD, both principle and stand alone article article 5.2.: States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

14. “Discrimination on the basis of disability” means 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 Discrimination

15. Reasonable accommodation “Reasonable accommodation” means: – necessary and appropriate modification and adjustments – not imposing a disproportionate or undue burden, – where needed in a particular case, – to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms

16. De facto equality and specific measures Article 5.4: “ Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention”. Even when some barriers are eliminated, prejudice and barriers related to past barriers specific measures such as quota for employment are needed to bring de facto equality Those measures have of course to be consistent with the CRPD

17. Accessibility Important as a means to empowerment and inclusion Both a general principle and a stand-alone article (article 9) Among others Accessibility must be ensured with regards to: –Justice (article 13-14) –Living independently and being included in the community (article 19) –Personal mobility (article 20) –Information and communication services (article 21) –Education (article 24) –Health (article 25) –Habilitation and rehabilitation (article 26) –Work and employment (article 27) - human resource policies and practices –Adequate standard of living and social protection (article 28) –Participation in political and social life (article 29) –Participation in cultural life, recreation, leisure and sport (article 30)

18. Article 19 : LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY Respect for choice on equal basis with others, of an individual about her/his living arrangement (where and with who) and about her/his participation in community Duty to provide access to necessary support services as conditions for free choice on equal basis Duty to ensure that all community services are accessible and responsive to the needs of persons with disabilities (including labour market, housing, transportation, health care, education etc.),

19. CRPD Article 19: Living independently and being included in the community People with disability should: be able to choose where they live be able to choose who they live with have the same housing choices as other members of the community ? ? 19

20. CRPD Article 19: Living independently and being included in the community Governments must: provide access to personal supports and assistance so we can live where we want make sure we are not segregated from the community not make us live somewhere we don’t want to be to get the support we need 20

21. Progressive realisation? Civil and political rights are of immediate realization When the State cannot immediately fully implement some economic and social rights, progressive realisation applies and it has to mobilize maximum resources available Non discrimination, including provision of reasonable accommodation is of immediate realisation Example: Right to education: – non discrimination in access to school and reasonable accommodation NOW – Inclusive quality education for all: in 15 years but planned from NOW

22. Progressive realisation (2) It is moving as ‘quickly and effectively’ as possible Demonstrate progress in actual enjoyment of rights Expanding access – larger number of people and wider range of people (all persons with disabilities, rural/urban) Improving implementation – quality of services, diversity of support Non-Retrogression Decline in enjoyment directly related to State action E.g. Unjustified reduction in public expenditure

23. Maximum available resources Real resources – beyond allocations done as of today (what are the resources that could be allocated and are currently not allocated) Sufficiency of spending – Compare CRPD allocation with GDP/ government spending – Compare CRPD with non-CRPD funding e.g. health vs. defence – Could revenues be increased? – Budget changes over time. Efficiency of spending – Are most public funds spent in an inclusive way? – Non-utilisation of allocated funding? – Best quality goods and services for lowest possible price? Equality in funding – adequate prioritisation between issues and groups Funding towards smooth administration and management of allocated resources

24. Cost benefit analysis and CRPD? Often hard to get data Looking at one sector in isolation – What is the cost/benefit ratio of making schools inclusive considering all other issues and secondary benefits and unseen cost for families and community – Making school inclusive is not only a benefit for children with disabilities but for most learners It depends on the accessibility of the transportation system, barriers to employment, etc. Difficult to save when nothing is being spend except for persons with disabilities families Hard to “monetize” certain benefits NOT FOR QUOTE OR DISSEMINATION

25. How much is enough? Absence of benchmark: the research that is the most used is OECD, 2010 “sickness, disability and work” which states that in average members spend 1.2% on disability benefits (2% if long term sickness is included) South Africa at least 0.5% of GDP in disability cash benefits India union budget for disability is 0.01% of GPD (which doesn’t include state expenditures) In Philippines, 0.02% of the GDP-0.1% of the overall budget NOT FOR QUOTE OR DISSEMINATION

26. How much is it worth? To go to school with the other kids of your community? To move freely in the village, city without thinking constantly: will I be able to enter? Is it safe? To wake up and go out bed when you decide to? Not when someone is ready to help you? To be able to go to toilet wherever and whenever you need to? To watch TV and listen to radio to get information and entertainment To read a book To be able to support financially the family and the aging parents How much is it worth being included and living independently in the community? NOT FOR QUOTE OR DISSEMINATION

27. Cost effectiveness and CRPD States have obligations, Look at what is the most efficient way to get a desired outcome Example: Universal inclusive Primary Education – Which programs will get all children into school for the least money? – Do special school contribute to inclusion of kids in an efficient way? – Need to understand the barriers to education and the scale and scope of these barriers in the population But you need to know what you want to achieve: CRPD implementation plan and then cost it NOT FOR QUOTE OR DISSEMINATION

28. Effective Participation of DPOs State have to ensure effective participation and involvement of persons with disabilities and their representatives in all decisions, policies and programmes that impact their lives It must involve them meaningfully It includes the monitoring of this convention

29. International Cooperation (Article 32) International cooperation, including international development programmes should be inclusive of, and accessible to, persons with disabilities Focus is on mainstreaming disability into all development activities, though disability specific measures may be necessary to ‘accelerate or achieve de facto equality of persons with disabilities'. (Article 5) Millennium Development Goals and post 2015 development agenda will not be achieved if persons with disabilities are not included

30. No-gap Policy No entity can achieve the goal of equality for persons with disabilities on its own. A whole of government approach across sectors and decentralisation level is required to ensure implementation of CRPD Different entities need to ensure that their respective spheres of responsibility provide the necessary access and support to persons with disabilities If any one element fails, persons are not able to reap the benefit from the other elements. There are orphans issues that no ministries or UN agencies is specifically in charge of : for instance development of sign language interpretation system

31. Monitoring and Implementation Article 33 refer to state’s obligation to set up focal point(s) within government Suggest the creation of coordination body to ensure implementation As well as to set up and/or appoint independent monitoring mechanism All activities must include the participation of persons with disabilities: ‘Nothing about us without us’

32. Convention Bodies Conference of States Parties – meets in order to consider any matter with regard to the implementation of the Convention (biennially or upon decision by the Conference) Committee on the Rights of Persons with Disabilities – a body of independent experts serving in their personal capacity – tasked with reviewing States’ implementation of the Convention. – comprises 18 members.

33. CRPD committee- Activities (based on huritalk-UNDG 2008) COs Receive Reports General Comments Conventions & Protocols Concluding observations & recommendations Basis for Treaty Body action More detail on meaning of rights Periodic review & dialogue with States

34. Reporting Process in brief RATIFICATION Initial report Constructive dialogue Periodic report Committee’s List of issues Concluding observations and recommandations Implementation of recommandation by state

35. Opportunities for DPOs influence RATIFICATION Initial report Constructive dialogue Periodic report Committee’s List of issues Concluding observations and recommandations Written answers to List of issues Consultation for states report DPOs parallel report Discussion influence list of issues Parallel answer list of issues Input from DPOs Influence recommendation Advocate for implementation Implementation of recommandation by state

36. Optional Protocol Creates additional functions for the Committee on the Rights of Persons with Disabilities: – Individual communications: Committee considers communications from individuals or group of individuals claiming to be victims of a violation of the provisions of the Convention by a State Party of the party to the Protocol – Inquiries: Committee member may conduct an inquiry on a State Party, following information received indicating grave or systemic violations of the Convention by State Party

37. Group work: CRPD compliance Are the following measures CRPD compliant? What are the elements needed to decide? 1. One time allowance for persons marrying a person with disability. 2. Right to benefit from residential social care in residential institutions 3. Systematic orientation of children with IQ lower than 85 to special schools 4. Access to health insurance free of charge for all kids in school 5. Free public transportation for persons with disabilities 6. Guardianship by professional social workers for persons with intellectual disabilities with high support needs 7. Disability productivity adjusted minimum wage 8. Authorisation for family to request involuntary treatment and hospitalisation of their family member due to mental health issues.