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" 10 years with the UN Standard Rules on the Equalization of opportunities for persons with disabilities – which way forward? " September 26 th 2003 –

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Presentation on theme: "" 10 years with the UN Standard Rules on the Equalization of opportunities for persons with disabilities – which way forward? " September 26 th 2003 –"— Presentation transcript:

1 " 10 years with the UN Standard Rules on the Equalization of opportunities for persons with disabilities – which way forward? " September 26 th 2003 – Alborg, Denmark September 26 th 2003 – Alborg, Denmark

2 Special Rapporteur Sheikha Hessa Al - Thani

3 Among the major outcomes of the Decade of Disabled persons was the adoption, by the general Assembly, of the Standard Rules on the Equalization of Opportunities for persons with Disabilities in 1994, Among the major outcomes of the Decade of Disabled persons was the adoption, by the general Assembly, of the Standard Rules on the Equalization of Opportunities for persons with Disabilities in 1994, Although not a legally binding instrument, the Standard Rules represent a strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons with disabilities. Although not a legally binding instrument, the Standard Rules represent a strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons with disabilities. About Standard Rules

4 The rules serve as an instrument for policy- making and as a basis for technical and economic cooperation. The standard Rules consist of 22 rules summarizing the message of the world program of Action. The standard Rules consist of 22 rules summarizing the message of the world program of Action. The Rules incorporate the human rights perspective, which had developed during the Decade The Rules incorporate the human rights perspective, which had developed during the Decade

5 The future perspective of The UN S.R How we can implement in the future on all levels?:- To make the Standard Rules an even more effective tool for the future development of policy, legislation and programs, the present text of the Rules should be further developed and complemented. To make the Standard Rules an even more effective tool for the future development of policy, legislation and programs, the present text of the Rules should be further developed and complemented. As a result of a number of important events, beginnings in the 1990s, disability has been recognized as a human rights issue. The question now is how the recognition of this principle can be turned into practical action. Disability must be developed as an integral dimension of human rights procedures within the United Nations, and effective reporting and monitoring routines must be put into effect. As a result of a number of important events, beginnings in the 1990s, disability has been recognized as a human rights issue. The question now is how the recognition of this principle can be turned into practical action. Disability must be developed as an integral dimension of human rights procedures within the United Nations, and effective reporting and monitoring routines must be put into effect.

6 The present debate to a large extent concerns the approach to apply in order to achieve effective protection of the rights of persons with disabilities. Should a disability dimension be developed within the monitoring mechanisms in connection with already existing covenants and conventions, or it best way to develop a special instrument? The present debate to a large extent concerns the approach to apply in order to achieve effective protection of the rights of persons with disabilities. Should a disability dimension be developed within the monitoring mechanisms in connection with already existing covenants and conventions, or it best way to develop a special instrument? While these efforts are taking place within the United Nations system, development work must also be carried out at national level by Governments, national human rights institutions and national disability organizations. While these efforts are taking place within the United Nations system, development work must also be carried out at national level by Governments, national human rights institutions and national disability organizations.

7 early 10 years have passed since the adoption of the Standard Rules by the General Assembly. During this time, the Rules have developed into a major implementation tool used both by international and national non-governmental organizations in the disability field. early 10 years have passed since the adoption of the Standard Rules by the General Assembly. During this time, the Rules have developed into a major implementation tool used both by international and national non-governmental organizations in the disability field. In the development of human rights for persons with disabilities, the Standard Rules have been recognized as a Yardstick for measures to put an end to exclusion and discrimination of persons with disabilities. In the development of human rights for persons with disabilities, the Standard Rules have been recognized as a Yardstick for measures to put an end to exclusion and discrimination of persons with disabilities.

8 Four major motives for elaborating a special convention on the rights of person with disabilities 1 2 3 4 S.R main weakness is that they are not legally binding. The measures needed within the regular United Nations monitoring system Mainstreaming will not be sufficient to strengthen the rights of persons with disabilities Authority and real recognition. Authority and real recognition.

9 During the second half of 2001, the government of Mexico raised a future convention on the rights of persons with disabilities. These initiatives resulted in the following paragraph:- “Invites the United Nations General Assembly to consider elaborating an integral and comprehensive international convention to protect and promote the rights and dignity for disabled people, including, especially, provisions that address the discriminatory practices and treatment affecting them”. The initiative of the Government of /Mexico

10 The general assembly decided to establish an Ad Hoc committee open to participation of all member states and observers of the United Nations to consider for elaborating such a convention, based on the “ Holistic approach ” in the work done in the field of social development, human rights and non-discrimination and taking into account the recommendations of the commission on Human Rights and the commission for social development. The general assembly decided to establish an Ad Hoc committee open to participation of all member states and observers of the United Nations to consider for elaborating such a convention, based on the “ Holistic approach ” in the work done in the field of social development, human rights and non-discrimination and taking into account the recommendations of the commission on Human Rights and the commission for social development.

11 " To further the effective implementation of the Rules. It will assist each states in assessing its level of implementation of the Rules and is measuring its progress. The monitoring should identify obstacles and suggest suitable measures that would contribute to the successful implementation of the Rules". One of the most significant features of the Standard Rules is that their implementation should be actively monitored. In section IV of the Rules there is a fairly detailed description of the monitoring mechanism. Its purpose, as set forth in section IV, paragraph 1, is One of the most significant features of the Standard Rules is that their implementation should be actively monitored. In section IV of the Rules there is a fairly detailed description of the monitoring mechanism. Its purpose, as set forth in section IV, paragraph 1, is Future Monitoring System For the S.R

12 The monitoring should take place within framework of the sessions of the commission for social development. The monitoring should take place within framework of the sessions of the commission for social development. *There are three actors involved in the monitoring task:- 11 22 A Special Rapporteur should do the actual monitoring work and report to the commission. A Special Rapporteur should do the actual monitoring work and report to the commission. 33 The non-governmental organizations in the disability field should be invited to establish among themselves a panel of experts, to be consulted by the Special Rapporteur The non-governmental organizations in the disability field should be invited to establish among themselves a panel of experts, to be consulted by the Special Rapporteur

13 The first paragraph of chapter IV OF THE Standard Rules expresses the purpose of the monitoring as follows:- “ The purpose of a monitoring mechanism is to further the effective implementation of the Rules. It will assist each State in assessing its level of implementation of the Rules and in measuring its progress. The monitoring should identify obstacles and suggest suitable measures that would contribute to the successful implementation of the Rules, … An important element should also be the provision of advisory services and the exchange of experience and information between States”. It is necessary to maintain disability as a development issue within the United Nations system as a responsibility for the commission for Social Development.

14 Future Monitoring Mechanism An active monitoring mechanism for the implementation of the Standard Rules should remain in place for the future. The two main functions (Assessment and promotion) should kept. One question is if the two functions should be applied separately. An active monitoring mechanism for the implementation of the Standard Rules should remain in place for the future. The two main functions (Assessment and promotion) should kept. One question is if the two functions should be applied separately. & Measures to Asses the Situation the Situation Measures for promotion & advice 1 2

15 Measures To Asses the Situation One important part of the monitoring mechanism is to assess the degree of progress made in Member States in implementing the Rules. One important part of the monitoring mechanism is to assess the degree of progress made in Member States in implementing the Rules. The program in action and the Standard Rules are based on the same disability philosophy and contain very similar guidelines. Therefore, these two exercises, both intended to assess progress worldwide, should be merged and carried out as one activity in the future. The program in action and the Standard Rules are based on the same disability philosophy and contain very similar guidelines. Therefore, these two exercises, both intended to assess progress worldwide, should be merged and carried out as one activity in the future.

16 The system of mobilizing national affiliates of international non- governmental organizations, both to prepare replies and to assist in obtaining replies from Governments, should be copied from the routine practiced with success in the Standard Rules monitoring mechanisms of the current Special Rapporteur. The system of mobilizing national affiliates of international non- governmental organizations, both to prepare replies and to assist in obtaining replies from Governments, should be copied from the routine practiced with success in the Standard Rules monitoring mechanisms of the current Special Rapporteur. The system with quinquennial surveys should be kept and the surveys should be made in cooperation with the major international non-governmental organizations in the disability field. One part of questionnaire could be standardized to ensure the future possibility of comparison over time. A second part of the questionnaire could be used for Ad Hoc studies of special aspects. The system with quinquennial surveys should be kept and the surveys should be made in cooperation with the major international non-governmental organizations in the disability field. One part of questionnaire could be standardized to ensure the future possibility of comparison over time. A second part of the questionnaire could be used for Ad Hoc studies of special aspects. Measures To Asses the Situation

17 “…The commission should examine the possibility of either renewing the Special Rapporteur’s mandate, appointing a new Special Rapporteur or considering another monitoring mechanism, and should make appropriate recommendations to the Economic and Social Council”. Measures For Promotion Advice In paragraph 12 of chapter IV of the Rules, the commission for Social Development in given the following instructions: In paragraph 12 of chapter IV of the Rules, the commission for Social Development in given the following instructions:

18 Establish full time positions as regional advisers in the developing regions and in countries with economies in transition in Central and Eastern Europe. Apart from strengthening the advisory services considerably, the advantage is that regional advisers would be closer to the economic, political and cultural conditions in the countries concerned. Establish full time positions as regional advisers in the developing regions and in countries with economies in transition in Central and Eastern Europe. Apart from strengthening the advisory services considerably, the advantage is that regional advisers would be closer to the economic, political and cultural conditions in the countries concerned. Measures For Promotion Advice Integrate the promotional function into the program on disability of the department of Economic and Social Affairs. If so senior position as technical advisor should be added to the disability staff. A prerequisite for this alternative would be the availability of sufficient resources particularly for missions to countries and related activities. Integrate the promotional function into the program on disability of the department of Economic and Social Affairs. If so senior position as technical advisor should be added to the disability staff. A prerequisite for this alternative would be the availability of sufficient resources particularly for missions to countries and related activities.

19 Whatever monitoring takes, it is important to maintain the system of a panel of experts attached to the monitoring mechanism. Whatever monitoring takes, it is important to maintain the system of a panel of experts attached to the monitoring mechanism. Measures For Promotion Advice Recruit a group of experts from the different regions who are all qualified for the function, but with different specialists. They should willing to accept the Ad Hoc missions of limited duration to countries in their region. Such mission should be supported and funded, resources permitting, either by the United Nations Secretariat or by regional sources. Recruit a group of experts from the different regions who are all qualified for the function, but with different specialists. They should willing to accept the Ad Hoc missions of limited duration to countries in their region. Such mission should be supported and funded, resources permitting, either by the United Nations Secretariat or by regional sources. TTTThe panel would be able to play an important advisory role in connection with future periodic surveys to Member States by participating in the formulation of questions as well as by interpreting the results.. TTTThe panel could also provide support and advice to a future Special Rapporteur or technical adviser in their various activities.

20 A prerequisite for a well-functioning monitoring mechanism is that sufficient funding – regular and extra budgetary – can be made available for the different monitoring functions; A prerequisite for a well-functioning monitoring mechanism is that sufficient funding – regular and extra budgetary – can be made available for the different monitoring functions; The two monitoring and evaluation processes, carried out in connection with the world program of action concerning Disabled persons and the Standard Rules to assess progress worldwide, should be merged into a single, periodic exercise, carried out by the program on disability of the DESA; The two monitoring and evaluation processes, carried out in connection with the world program of action concerning Disabled persons and the Standard Rules to assess progress worldwide, should be merged into a single, periodic exercise, carried out by the program on disability of the DESA; Take further action to increase awareness in Governments, non- governmental organizations and the United Nations system; Take further action to increase awareness in Governments, non- governmental organizations and the United Nations system; Involving the specialized agencies and the regional commissions in the implementation of the Rules; Involving the specialized agencies and the regional commissions in the implementation of the Rules; Measures For Promotion Advice The standard Rules should continue to play a Role as an international tool for policy development in the disability field; The standard Rules should continue to play a Role as an international tool for policy development in the disability field;

21 Nearly ten years have passed since the adoption of the United Nations Standard Rules. During this time, the rules have developed into a major tool for policy making and action, used by Government and by international and national non-governmental organizations in the disability field. In human rights development, the Standard Rules have been recognized as a yardstick for ways to put an end to exclusion and discrimination. Nearly ten years have passed since the adoption of the United Nations Standard Rules. During this time, the rules have developed into a major tool for policy making and action, used by Government and by international and national non-governmental organizations in the disability field. In human rights development, the Standard Rules have been recognized as a yardstick for ways to put an end to exclusion and discrimination. To make the Standard Rules an even more effective tool for future development of policy, legislation and programs, a complement to the rules should be created. Supplement To The Standard Rules

22 The role of the Special Rapporteur regarding the monitoring of the Standard? & How can this work be organized effectively to cover different parts of the world?

23 In accordance with the purpose of the monitoring – to further the effective implementation of the Rules – the Special Rapporteur has endeavored to use all available opportunities to present the Rules, their background message and function. In accordance with the purpose of the monitoring – to further the effective implementation of the Rules – the Special Rapporteur has endeavored to use all available opportunities to present the Rules, their background message and function. Activities Of The Special Rapporteur Promoting implementation of the Standard Rules Meetings with Governments Conferences Correspondence and communications

24 Meetings with Governments Meetings with individual Governments have been initiated mainly in two ways. Meetings with individual Governments have been initiated mainly in two ways. In many cases the Special Rapporteur has been invited directly by Governments interested in discussing various aspects of the implementation of the Rules. In many cases the Special Rapporteur has been invited directly by Governments interested in discussing various aspects of the implementation of the Rules. In some cases the Special Rapporteur suggest to governments that a meeting should be held. In some cases the Special Rapporteur suggest to governments that a meeting should be held. Activities of The Special Rapporteur

25 In view of the great importance of the non- governmental organizations in the disability field in advocating the implementation of the Standard Rule, the Special Rapporteur should give high priority to participate in major events organized by such organizations. In view of the great importance of the non- governmental organizations in the disability field in advocating the implementation of the Standard Rule, the Special Rapporteur should give high priority to participate in major events organized by such organizations. The participation of the Special Rapporteur usually consisted in a general presentation of the Standard Rules, often followed by a workshop or a seminar where various aspects of the implementation work have been discussed. The participation of the Special Rapporteur usually consisted in a general presentation of the Standard Rules, often followed by a workshop or a seminar where various aspects of the implementation work have been discussed. Conferences Activities of The Special Rapporteur

26 Correspondence and communications The correspondence in connection with the special Rapporteur’s various activities should be extensive The correspondence in connection with the special Rapporteur’s various activities should be extensive 4- Write number of articles for magazines for the international non- governmental organizations 1- Owing to the extensive network of contacts that may developed during the monitoring task. 3- Providing advice concerning various implementation aspects, and in some cases people may raise individual issues. 2- Handling requests for speakers on the Standard Rules for various meetings and conferences.

27 it is obvious that Unites Nations specialized agencies with involvement in the disability field are familiar with the Standard Rules. it is obvious that Unites Nations specialized agencies with involvement in the disability field are familiar with the Standard Rules. Measures to make the Rules known must continue and be strengthened on both the national and international levels:- Measures to make the Rules known must continue and be strengthened on both the national and international levels:- On The International Level:- 1- The role of secretariat as focal point in support of implementation of the standard rules should be further developed. The role of secretariat as focal point in support of implementation of the standard rules should be further developed. Activities of The Special Rapporteur

28 A form of inter-agency mechanism should be established, which could improve coordination and identify areas for cooperation and joint action. A form of inter-agency mechanism should be established, which could improve coordination and identify areas for cooperation and joint action. 2- The cooperation between the Secretariat and the specialized agencies in efforts to guide member states in their policy development should be better coordinated. The cooperation between the Secretariat and the specialized agencies in efforts to guide member states in their policy development should be better coordinated. 3- Activities of The Special Rapporteur In The Area Of Development The situation is less satisfactory. To strengthen and integrate disability measures into the mainstream of technical cooperation, including UNDP,the World Bank and other Financial institutions, is one of the most urgent measures of all in the future implementation of the Standard Rules. The situation is less satisfactory. To strengthen and integrate disability measures into the mainstream of technical cooperation, including UNDP,the World Bank and other Financial institutions, is one of the most urgent measures of all in the future implementation of the Standard Rules.

29 The United Nations should, as part of follow-up activities to this monitoring exercise, take measures to assist Governments to build their own monitoring and evaluation mechanisms. The United Nations should, as part of follow-up activities to this monitoring exercise, take measures to assist Governments to build their own monitoring and evaluation mechanisms. That could be done as a task for national coordinating councils or through separate bodies. It is important, however, that such measures be taken in cooperation with the organizations of persons with disability. That could be done as a task for national coordinating councils or through separate bodies. It is important, however, that such measures be taken in cooperation with the organizations of persons with disability. How will the cooperation with disability NGOs happen worldwide?

30 There is pattern of cooperation between Governments and organizations, which is of great importance for development is disability field. Governments should develop further that pattern of cooperation at all levels. They should also strengthen their support to the work of organizations of persons with disabilities. There is pattern of cooperation between Governments and organizations, which is of great importance for development is disability field. Governments should develop further that pattern of cooperation at all levels. They should also strengthen their support to the work of organizations of persons with disabilities. Activities of The Special Rapporteur

31 There is no doubt that the United Nations Standard Rules have proved to be as useful tool in international efforts to achieve full participation and equality. It is true that the Rules are not legally binding, but the way in which they were elaborated in close cooperation between numerous Governments and the community of major international non-governmental organizations, should foster a strong commitment in the part of all There is no doubt that the United Nations Standard Rules have proved to be as useful tool in international efforts to achieve full participation and equality. It is true that the Rules are not legally binding, but the way in which they were elaborated in close cooperation between numerous Governments and the community of major international non-governmental organizations, should foster a strong commitment in the part of all Activities of The Special Rapporteur

32 One great advantage is that the Rules maintain a sensible balance between suggesting firm principles and providing space for adjusting measures to varying conditions in countries. It is also important that the Rules maintain a sensible balance between suggesting firm principles and providing space for adjusting measures to varying conditions in countries. One great advantage is that the Rules maintain a sensible balance between suggesting firm principles and providing space for adjusting measures to varying conditions in countries. It is also important that the Rules maintain a sensible balance between suggesting firm principles and providing space for adjusting measures to varying conditions in countries. Activities of The Special Rapporteur

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