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Signatories to the Convention on the Rights of Persons with Disabilities      states parties      non-state parties signatories      non-state parties non-signatories

The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.

The text was adopted by the UN General Assembly on 13 December 2006 and opened for signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May 2008.[1] As of December 13, 2009, it has 143 signatories and 76 parties.[2]

The Convention is monitored by the Committee on the Rights of Persons with Disabilities.

Contents

Genesis

The 1980s was the UN "Decade of Disabled Persons." In 1987, a global meeting of experts to review progress recommended that the UN General Assembly should draft an international convention on the elimination of discrimination against persons with disabilities. Draft convention outlines were proposed by Italy and subsequently Sweden, but no consensus was reached. Many government representatives argued that existing human rights documents were sufficient. Instead, non-compulsory "Standard Rules on the Equalisation of Opportunities for Persons with Disabilities" were adopted by the UN General Assembly in 1993. In 2000, leaders of five international disability NGOs issued a "Beijing Declaration", calling on all governments to support a Convention. In 2001, the UN General Assembly, following a proposal by Mexico, established an Ad Hoc Committee to consider proposals for a comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach.[3]

Summary

The Convention follows the civil law tradition, with a preamble followed by 50 articles. Unlike many UN covenants and conventions, it is not formally divided into parts.

Article 1 defines the purpose of the convention:

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

Articles 2 and 3 provide definitions and general principles.

Articles 4 - 32 define the rights of persons with disabilities and the obligations of states parties towards them. Many of these mirror rights affirmed in other UN conventions such as the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights or the Convention Against Torture, but with specific obligations ensuring that they can be fully realised by persons with disabilities.

Rights specific to this convention include the rights to live independently and be included in the community (Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 27), and to participation in political and public life, and cultural life, recreation and sport (Articles 29 and 30).

In addition, parties to the convention must raise awareness of the human rights of persons with disabilities (Article 8), and ensure access to roads, buildings, and information (Article 9).

Articles 33 - 39 govern reporting and monitoring of the convention.

Articles 40 - 50 govern ratification, entry into force, and amendment of the Convention. Article 49 also requires that the Convention be available in accessible formats.

Core Provisions

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Guiding principles of the Convention

There are eight guiding principles that underlie the Convention:

  1. Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons
  2. Non-discrimination
  3. Full and effective participation and inclusion in society
  4. Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity
  5. Equality of opportunity
  6. Accessibility
  7. Equality between men and women
  8. Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities

Definition of disability

The convention adopts a social model of disability, and defines disability as including

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.

Principle of "reasonable accommodation"

Prevention of discrimination

Accessibility

The Convention stresses that persons with disabilities should be able to live independently and participate fully in all aspects of life. To this end, States Parties should take appropriate measures to ensure that persons with disabilities have access, to the physical environment, to transportation, to information and communications, and to other facilities and services open or provided to the public.

Right to education

The Convention states that persons with disabilities should be guaranteed the right to inclusive education at all levels, regardless of age, without discrimination and on the basis of equal opportunity.

State Parties should ensure that:

  1. children with disabilities are not excluded from free and compulsory primary education, or from secondary education;
  2. adults with disabilities have access to general tertiary education, vocational training, adult education and lifelong learning;
  3. persons with disabilities receive the necessary support, within the general education system, to facilitate their effective education; and
  4. effective individualized support measures are put in place to maximize academic and social development.

State Parties should take appropriate measures, such as:

  1. endorsing the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring;
  2. supporting the learning of sign language and promoting the linguistic identity of the deaf community;
  3. advocating that education of persons, particularly children, who are blind and/or deaf, is delivered in the most appropriate languages and means of communication for the individual; and
  4. employing teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train education professionals and staff about disability awareness, use of augmentative and alternative modes and formats of communication, and educational techniques and materials to support persons with disabilities.

Right to health

Participation rights

The Convention on the Right of Persons with Disabilities recognised that "that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others" and that "persons with disabilities continue to face barriers in their participation as equal members of society."

The Convention makes participation of disabled one of its principles, stating "The principles of the present Convention shall be:...Full and effective participation and inclusion in society;", subsequently enshrining the right of disabled to participate fully and equally in the community, education, all aspect of life (in the context of habilitation and rehabilitation), political and public life, cultural life, leisure and sports.[4]

Right to vote

ISG TopVoter, a machine designed specifically to be used by voters with disabilities.

Article 29 requires that all Contracting States protect "the right of persons with disabilities to vote by secret ballot in elections and public referendums". According to this provision, each Contracting State should provide for voting equipment which would enable disabled voters to vote independently and secretly. Some democracies, i.e. United States, Japan, Netherlands, Slovenia, Albania or India allow disabled voters to use electronic voting machines or electronic aides which help disabled voters to fill the paper ballot. In others, among them Azerbaijan, Kosovo, Canada, Ghana, United Kingdom, and most of African and Asian countries, visually impaired voters can use ballots in Braille or paper ballot templates. Many of these and also some other democracies, Chile for example, use adjustable desks so that voters on wheelchairs can approach them. Some democracies only allow another person to cast ballot for the blind or disabled voter. Such arrangement, however, does not assure secrecy of the ballot.

Article 29 also requires that Contracting States ensure "that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use." In some democracies, i.e. Sweden and United States, all the polling places already are fully accessible for disabled voters.

Reservations

A number of parties have made reservations and interpretative declarations to their application of the Convention.[5]

Australia does not consider itself bound to stop forcibly drugging those labeled mentally ill.[5]

El Salvador accepts the Convention to the extent that it is compatible with its constitution.[5]

Malta interprets the right to health in Article 25 of the Convention as not implying any right to abortion. It also reserves the right to continue to apply its own election laws around accessibility and assistance.[5]

Mauritius does not consider itself bound by the Article 11 obligation to take all necessary measures to protect people with disabilities during natural disasters, armed conflict or humanitarian emergencies, unless permitted by domestic legislation.[5]

The Netherlands interprets the right to life in Article 10 within the framework of its domestic laws. It also interprets Article 25(f), which bars the discriminatory denial of health care, as permitting a person to refuse medical treatment, including food or fluids.[5]

Poland interprets Articles 23 and 25 as not conferring any right to abortion.[5]

Optional protocol

The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention which allows its parties to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals.[6] The text is based heavily on the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.

The Optional Protocol entered into force with the Convention on 3 May 2008.[1] As of December 2009, it has 87 signatories and 48 parties.[7]

Committee on the Rights of Persons with Disabilities

The Committee on the Rights of Persons with Disabilities is a body of human rights experts tasked with monitoring the implementation of the Convention. It will initially consist of 12 independent human rights experts, with half elected for a two-year term and half elected for four-years.[8] Thereafter members will be elected for four-year terms, with half the members elected every two years. When the Convention has achieved 80 ratifications, the Committee will be expanded to 18 members.[8]

All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the Convention. The first report is due within two years of ratifying the Convention; thereafter reports are due every four years.[9] The Committee will examine each report and address its concerns and recommendations to the State party in the form of “concluding observations”.

The initial membership of the Committee was elected by secret ballot at the first conference of states' parties to the Convention on 3 November 2008 in New York.[10] The current (as of December 2008) membership of the Committee is:[11]

  • Qatar Amna Ali Al Suweidi - term expires in 2012
  • Jordan Mohammed Al-Tarawneh - term expires in 2012
  • Tunisia Lotfi Ben Lallohom - term expires in 2010
  • Bangladesh Monsur Ahmed Choudhuri - term expires in 2012
  • Chile María Soledad Cisternas Reyes - term expires in 2012
  • Hungary György Könczei - term expires in 2010
  • Kenya Edah Wangechi Maina - term expires in 2010
  • Australia Ronald McCallum - term expires in 2010
  • Spain Ana Peláez Narváez - term expires in 2012
  • Ecuador Germán Xavier Torres Correa - term expires in 2010
  • Slovenia Cveto URŠIČ - term expires in 2010
  • People's Republic of China Jia Yang - term expires in 2012

The Committee will meet in Geneva.

References

  1. ^ a b "Landmark UN treaty on rights of persons with disabilities enters into force". Scoop. 208-05-05. http://www.scoop.co.nz/stories/WO0805/S00048.htm. Retrieved 2008-06-28.  
  2. ^ "UN Treaty Collection: partis to the Convention on the Rights of Persons with Disabilities: List of parties". UN. 2009-05-07. http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en. Retrieved 2009-12-13.  
  3. ^ O'Reilly, A. (2003) A UN Convention on the Rights of Persons with Disabilities: The Next Steps Paper presented at the General Assembly Meeting of Rehabilitation International Arab Region, 8-9 March 2003, Kingdom of Bahrain.
  4. ^ Convention on the Rights of Persons with Disabilities
  5. ^ a b c d e f g "Convention on the Rights of Persons with Disabilities: Declarations and Reservations". UN OHCHR. 2008. http://www2.ohchr.org/english/bodies/ratification/15.htm#reservations. Retrieved 2008-06-28.  
  6. ^ Optional Protocol to the Convention on the Rights of Persons with Disabilities , Article 1.
  7. ^ "UN Treaty Collection: Optional Protocol to the Convention on the Rights of Persons with Disabilities". UN. http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15-a&chapter=4&lang=en. Retrieved 2009-12-13.  
  8. ^ a b Convention on the Rights of Persons with Disabilities, Article 34.
  9. ^ Convention on the Rights of Persons with Disabilities, Article 35.
  10. ^ "The Convention in brief: Entry into Force". UN Enable. http://www.un.org/disabilities/default.asp?id=210. Retrieved 2008-06-28.  
  11. ^ "Membership of the Committee on the Rights of Persons with Disabilities". UN OHCHR. http://www2.ohchr.org/english/bodies/crpd/membership.htm. Retrieved 2008-12-21.  

See also

External links


Simple English

The Convention on the Rights of Persons with Disabilities is a convention, that is, international agreement for rights and freedom of any person with disability of any kinds made according to laws based on Universal Declaration of Human Rights called "intrenational human rights law".

This convention was adopted by the United Nations General Assembly in 13 December 2006 and have given authority since 3 May 2008. Up to December 2010, 97 countries have promised the United Nations to realize this convention. (see data of other websites)

This convention also include meetings to watch fot the realization of this convention and persons with disability also can take part in this.

Contents

Main Contents

Preface

Recalling the authority of the Universal Declaration of Human Rights, conventions based on it, and the main idea of the Vienna Declaration and they affirm that all are responsible to promote them because a person has duty for other person and the community to which the person belongs.

Article 1. (Purpose)

The purpose of this convention is to promote, protect and ensure that all persons with disabilities enjoy all human rights and freedoms and to respect thier dignities. The disabilities include of body, of mind, developping and sensory (mute, deaf, blind) ones.

Article 2. (Meaningof words)

  • "Communication" also mean language, display of text, Braille, communication by touch, large writing, audio, plain-languages human-reader, information technology.
  • "Language" includes sign language, and other non spoken language, as well as spoken one.
  • "Discrimination on tha basis of disabilities" means any distincting, excluding or limitation or laking "reasonable accommodation".
  • "Reasonable accommodation" means necessary aid and support for person with disability to enjoy all human rights.
  • "Universal design" is the design of products and service that all people can use.

Article 3. (General principles)

The principles of this convenion are;

  • (a) Respect for dignity, autonomy including the freedom to make one's own choice.
  • (b) Non-discrimination.
  • (c) Accept fully in society.
  • (d) To respect and accept persons with disabilities as human characters.
  • (e) To be equal for chance.
  • (f) Fair accessibility.
  • (g) To be equal between men and women.
  • (h) To respect for accepting children with disabilities.

Article 5. (Equality)

Countries must forbid all discrimination because of disability and protect all persons against discrimination on all reasons.

Article 6. (Women)

Countries must understand that women and girls with disabilities suffer from double discrimination and protect them so that they can enjoy human rights equally.

Article 7. (Children)

In all action about children with disabilities, the best happiness of them must be considered first of all.

Article 8. (Raising Awareness)

Countries must do policy to raise awareness and respect toward persons with disabilities and combat stereotypes, prejudice against them.

Article 9. (Accessibility)

Countries must do any policy for person with disabilities to get equally as others the access to environment, to movement, to communication and information technology also though Braille, sign language, and Internet.

Article 12. (Equal admition before the law)

Countries must admit that person with disabilities enjoy doing legal matters equally with others through all the life. Legal capacity includes the person's own property, to control their own money, and access to bank loan and financial credit and they are not deprived because of disability.

Article 15. (freedom from cruel and inhuman treatment)

All persons are free from touture, cruel, inhuman treatment or punishment and scientific test.

Article 16. (Freedom from violence and abuse)

Countries must do any policy to protect persons with disability from all violence and abuse, and to be abused for benefit.

Article 17. (The healthy worth of the person)

All person with disabilities have rights to be respected their physical and mental healthy worth.

Article 18. (Liberty of moving and nationality)

Countires must admit that persons with disabilities have rights to move freely and to choose freely their place to live and nationality.

Aitucle 19. (Living by oneself and being accepted in society)

Countries must admit that persons with disabilities have rights to take part in society and not to be isolated and segregated from society.

Article 20. (Personal moving)

Countries must do any policy for persons with disabilities to get personal moving aides and support at cheap cost.

Article 21. (Freedom of expression, opinion and accesss to imformation)

Countries must do all policy for person with disabilities to be able to express, to state opinion and to seek, receive and share information and ideas through Braille, sign languages and Internet.

Article 22. (Respect for private life)

Countries must protect the private life of persons with disabilities about their own health and rehabilitation information.

Aritcle 23. (Respect for home and family)

Countries must do all policy to abolish discrimination against persons with disabilities about marriage, family, being parents and relationships.

Article 24. (Education)

Countries must admit that persons with disabilities have the right to education without discrimination and with equal chance, also education for adult and lifelong learning. The aim of education is to develop human dignity and self-worth, and respect for human rights and human diversity, and for person with disabilities to develop their personality, talents, and creative nature. And for thier full and equal participation in education as members of the community, countries must make it easy to learn Braille and sign language and also employ techers with disabiliteis for this end.

Article 25. (Health)

Countries must admit that persons with disabilities have the rights to enjoy the highest possible standard of health without discrimination and with informed consent.

Article 27. (Right to work )

Countries must admit the right of person with disabilities to work in just, good, safe and healthy condition and do policy that forbid all discrimination and bullying because of disability, and futher must promote chance for person with disabilities to do self-work, entrepreneur and start one's own business.

Article 28. (Good standard of living)

Countries must admit that person with disability have the right to goog standard of living without discrimination and must give social protection, especially for women and girls, and also financial aid for person in poor situaton.

Article 29. (Taking part in political and public life)

Countries must admit that person with disabilities have the rights to take part in in political and public life, also rights to be elected.

Article 30 (Taking part in cultual life)

Countries must admit that persons with disabilities have the right to take part in in cultural life and enjoy recreation, leisure and sports without discrimination and with reasonable support. And persons with disabiliteis must be given the chance to grow and use thier own creative and intellectual or artistic capacity, not ooly for themselves but for better society, and their own identity on culture and language including sign language and culture of persons with disabilities.

Article 49 (Format accessible for all)

This Convention must be published in a way accessible for all.

Optional Protocol

This Convention has also have an agreement that can accept a claim of a single person who havs got a offence by a country where the person lives. That is called "Optional Protocoll" but until December 2010 only 60 countries have promised to United Nations to realize that.(see data of other websites)

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