DPI POSITION PAPER
REGARDING A NEW INTERNATIONAL HUMAN RIGHTS CONVENTION FOR DISABLED PEOPLE
The following paper addresses three issues key to the development of a new
international human rights convention for disabled people: the nature of the
convention; implementation of the convention; and the convention development
process. Each of these issues was discussed at the DPI 6th World Assembly in
October 2002, and this paper expands upon the positions adopted in the Sapporo
Platform and, more specifically, the Sapporo Declaration.
I. NATURE OF THE CONVENTION
We demand a specific international human rights convention that is reflective of
the full range of civil, political, economic, social and cultural rights.
There is no question that disabled people are subjects of the international
human rights system, and entitled to full enjoyment of all the rights delineated
in each of the existing human rights instruments. Yet human rights abuses
remain a daily reality for disabled people around the world, in large part
because there is currently a gap between the values expressed by the human
rights system and the reality of disability. As last year's report for the
Office of the High Commissioner for Human Rights stated:
The most important argument for a convention is perhaps that of "visibility"… it
has proven extremely difficult to keep people with disabilities in focus in the
proceedings of the (other Human Rights) treaty monitoring bodies. To some extent
this is due to the relative lack of engagement of the disability NGOs with the
treaty monitoring machinery. And to some extent it is due to the lack of general
comments by the treaty monitoring bodies on disability - or the kind of
forethought that these general comments represent.
DPI supports the position that in order for this divide to be effectively
bridged, a specific international human rights Convention for disabled people
must be elaborated. Furthermore, DPI believes that this Convention must be
based in, and draw from, existing human rights norms and standards and address
in concrete terms the economic, social, political and cultural circumstances
that adversely impact the human rights condition of disabled people. In
addition, the new convention should not be limited to an anti-discrimination
framework. DPI fully supports the adoption and implementation of
non-discrimination legislation at the domestic level, and non-discrimination and
equality of opportunity must be intrinsic components of any human rights
convention for disabled people. Yet there must be scope for the full
elaboration of human rights in the context of disability if the international
human rights framework is to effectively incorporate the disability perspective.
There are no human rights to which disabled people do not lay claim, and if
existing norms and standards are to be placed in a disability context the
convention must address the full range of civil, political, economic, social and
cultural rights. The following list is by no means exhaustive, but reflects (in
no specific order) some of the rights addressed by existing human rights
instruments that should be further elaborated if the convention is to cover the
full spectrum of human rights:
1. Stereotyping of groups
2. Non-discrimination and measures to eliminate discrimination
3. Action to guarantee the exercise and enjoyment of rights
4. Participation
5. Accessibility
6. Right to life
7. Torture and other ill-treatment
8. Sexual exploitation and related abuses
9. Slavery, servitude and forced labor
10. Survivor assistance
11. Equality before the law
12. Due process protections
13. Peaceful assembly and association
14. Freedom of thought / opinion and information
15. Political and public life
16. Medical care / health / rehabilitation
17. Employment / social security / income maintenance
18. Housing
19. Education
20. Family
21. Culture and religion
22. Linguistic minorities
23. Recreation and sports
24. Nationality / freedom of movement
25. Refugees / internally displaced persons
II. IMPLEMENTATION OF THE CONVENTION
We demand a strong convention-monitoring mechanism informed by the unique
perspective of disabled people to ensure the credibility, legitimacy and
efficacy of the convention.
If the convention is to be successful, a strong monitoring mechanism must be
established to gauge the levels of implementation and provide guidance on best
practices. This monitoring mechanism should be empowered to engage all relevant
levels, including states, intergovernmental organizations, non-governmental
organizations and individuals. The convention should establish a monitoring
body. This body, ideally, should be empowered to do the following:
? Receive and assess regular reports from states parties, with no more than five
years between reports.
? Have authority to receive inter-state, non-governmental organization and
individual complaints.
? Have authority to conduct investigations into alleged abuses of human rights.
? Have authority to call upon other members of the UN family to assist in
producing reports and studies addressing human rights in the context of
disability.
Any monitoring mechanism for the convention must be fully informed by disability
and human rights expertise. Disabled people are the experts regarding our
situation and it is therefore crucial that any monitoring body established under
the convention include a majority of disabled people in its composition.
III. THE CONVENTION DEVELOPMENT PROCESS – PROCEDURAL CONSIDERATIONS
Disabled people demand a voice of our own in the development of this
instrument. We must be consulted at all levels on all matters that concern us.
Participation of disabled people in decisions that concern us is a fundamental
principle that must be reflected in international law and policy. All
stakeholders, and first and foremost disability and human rights organizations
and their representatives, should be fully involved in the process of developing
a new UN convention on the human rights of disabled people.
DPI welcomed the resolution on the "accreditation and participation of
non-governmental organizations" in the Ad Hoc Committee's inaugural session. We
therefore, recommend that these working methods be fully implemented in the
forthcoming meetings of the Ad Hoc Committee and, furthermore, that they serve
as a model for all Regional and National meetings as the process continues to
unfold. With equal importance, the resolution states the following:
(The Ad Hoc Committee) Urges relevant United Nations bodies, in recognition of
the importance of the equitable geographical participation of non-governmental
organizations in the Ad Hoc Committee to assist those non-governmental
organizations that lack resources, in particular non-governmental organizations
interested in the matter from developing countries and countries with economies
in transition, to participate in the Ad Hoc Committee;
Requests the Secretary-General to disseminate widely to the community of
non-governmental organizations all available information on accreditation
procedures as well as information on supportive measures for participation in
the Ad Hoc Committee.
In the remaining four months, before the next Ad Hoc Committee meeting, every
effort must be made to ensure information on procedures, notification of
regional meetings and the accreditation process be disseminated quickly and
clearly to Disabled People and our Organizations around the world. To this end,
DPI recommends the allocation of sufficient resources to the United Nations
Department of Economic and Social Affairs (DESA) to ensure that this information
is communicated through the DESA website, and other means as deemed necessary to
reach the global disability community.
In order to realize the Ad Hoc Committee's goal of inclusion, DPI notes in
particular that two key issues must be addressed:
1) Access – full access according to the principles of Universal design must be
in place to ensure complete access of people with every type of disability to
the full proceedings of the Ad Hoc Committee. Should technical information on
any aspect of Universal design be required by the Ad Hoc Committee, DPI and
other members of the IDA, will be pleased to assist.
2) Support, through the UN Voluntary Fund (established by A/Res/57/229), to
ensure the full participation at all levels of the process by people with
disabilities and their representative organizations, particularly those from
developing countries, and countries with economies in transition.
Finally, while acknowledging the obvious importance of independent civil society
participation in this process, DPI urges all Member States to participate in the
convention development process, and especially encourages Member States to
include disabled people as part of their official delegations.
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