The UN Convention on the Rights of Persons with Disabilities

A new framework of rights for a new century

Presented by Anna MacQuarrie

Global Context of Disability

There are at least 650 million people with disabilities living in the world. Approximately 400 million of whom live in a developing country

If they all lived together in the same place, they would make up the third largest country in the world.

A country around the size of the European Union. It would be the least educated country; with the highest rate of

infant mortality; few employment opportunities and restricted access to democratic processes.

Without doubt, it would be the poorest country in the world. 400 Million R (

www.400millionr.com)

We Know That

Of the estimated 650 million persons living with a disability in the world today 130 million have an intellectual disability

If one includes families, there are approximately 2 billion persons who are directly affected by disability in the world, representing almost a third of the population.

80% persons with disabilities live in developing countries

An estimated 80% of persons with disabilities are unemployed.

Less than 2% of children with disabilities in developing countries are attending school

While people with disabilities, make up about 10% of the world's population, they make up 20% of those living in poverty.

– This means an estimated 26 million people with an intellectual disability living on less than $1/day.

Why a UN Convention?

UDHR developed from a particular vantage point Body of international law has grown as our understanding of

issues and our vantage point has changed Previous efforts generally fell under a health and welfare

approach and have not been integrated into the broader human rights framework and family or development framework

Advancements in human rights protections and approach were not resulting in systemic change

Existing HR monitoring doing little more than raising awareness Existing human rights treaties were not being used to promote

and protect the rights of PWDs.

Towards a UN Convention

1987: first proposal for a disability convention (Italy and Sweden), but lack of

agreement between Member States; general HR treaties are considered to be

protective enough.

2001 : Mexican proposal for a new convention endorsed by the UN/GA

An AD HOC COMMITTEE is created in Dec.2001 to work on a Comprehensive and

Integral International Convention on the Protection and Promotion of the Rights

and Dignity of PWDs,

The AD HOC COMMITTEE met twice per year in New York and was comprised of:

All Member States and observers of the UN

Civil Society

National Human Rights Institutions

UN Convention on the Rights of Persons with Disabilities

On December 13, 2006, the United Nations General Assembly formally adopted the Convention on the Rights of Persons with Disabilities (CRPD).

Opened for signature on March 30, 2007

A Convention of Many “Firsts”

First human rights treaty of the 21st Century; Fastest negotiated human rights Convention in UN history first time in history civil society actively participated in the development

and negotiation of the text; first human rights Convention with an explicit social development

dimension; first human rights Convention open for signature by regional integration

organizations (i.e. the European Union); and, with 82 signatories on March 30, 2007, it has the highest number of

signatories in history to a UN Convention.

UN CRPD

In 50 articles, the CRPD clearly articulates what existing human rights mean within a disability context and establishes reporting and monitoring procedures for States Parties.

Has an Optional Protocol – complaints mechanism Does NOT establish new rights

A New Approach to Rights

Different for a number of reasons:

1. The way it was developed

2. The way it understands human rights

3. The way it will be serviced

Participatory

– Never before in the history of the United Nations have people affected by a Convention been so intimately involved in drafting it

– 800 civil society reps at the last meeting– The disability community influenced not only the text itself, but

also influenced the level of awareness among member states of the challenges faced by people with disabilities and their families.

New Understanding

– Consolidates shift from medical to social model – a paradigm shift to a more strategic vision framed within human rights based development

– represents a shift in understanding human rights in isolation to seeing their realization within a context of development and cooperation and to link policy and investments in poverty reduction to a human rights framework.

– Explicit social development dimension– Provides parameters/map for Human rights driven

development– Allowed for articulation of new concepts to realize existing

rights

Key Accomplishments

– Legal capacity– Right to live in the community where and with whom we choose.– Right to inclusive education.– Right to equal treatment before the law.– International Cooperation– Recognition of Children– Recognition of Women– Recognition of Families

New Way of Working

– This Convention will be the first core human rights Convention to have links to both the Office of the High Commissioner on Human Rights and the Department of Economic and Social Affairs.

– This Convention helps move the UN towards a new way of working by recognizing the need for cooperation and collaboration.

– Created an expectation of participation – domestically and internationally.

Making the Convention a Reality

Signature– 136 CRPD; 79 OP

Ratification (needed 20 States CRPD, 10 States OP)– 41 CRPD; 25 OP

Came into Force May 3, 2008 Conference of States Parties Oct 31 – Nov 3, 2008 Committee of Experts (12)

– Bureau: President: Mexico; Vice-Presidents: Hungary, Jordan, New Zealand and South Africa    

– Elected Members of the Committee on the Rights of Persons with Disabilities: Bangladesh, Qatar, Hungary, Spain, Slovenia, China, Jordan, Australia, Chile, Ecuador, Tunisia, Kenya      

Making Effective Implementation a Reality

Dialogue – Between governments, civil society and the disability community are essential for developing a shared understanding of the CRPD

Consultation Mechanism and Focal Point – It is critical that the CRPD have a publicly accessible focal point in Government and that a consultation mechanism be established.

Resourced Plan for Implementation – To effectively implement the CRPD, an appropriately resourced plan should be developed in collaboration with the consultation mechanism to guide implementation.

Submission of Shadow Reports – All States Parties are required to report to the Committee; Civil society can submit reports as well.