IDA
INTERNATIONAL DISABILITY ALLIANCE
Member organizations:
Disabled Peoples' International, Inclusion International,
Rehabilitation International, World Blind Union,
World Federation of the Deaf, World Federation of the Deaf-Blind,
World Network of Users and Survivors of Psychiatry
Towards a UN Disability Convention
Statement for 2nd Ad Hoc Committee Session,
June 2003
I: Ensure that there will be a Disability Convention
Following extensive consultation with our members representing more than 600
million people in the world with a disability the IDA strongly recommends that
the UN adopt a convention to protect the human rights of people with
disabilities. In that respect IDA recommends that the Ad Hoc Committee establish
a task force composed of experts in the field to develop a draft text for the
convention. This draft shall recognize disability as a part of human diversity
rather than as a medical problem. While IDA acknowledges the World Program of
Action and the Standard Rules as important milestones in recognizing the right
of disabled persons, we assert that a convention should be a comprehensive Human
Rights Treaty, which goes beyond existing instruments in order to manifest the
paradigm shift from disability as a social welfare/medical issue to disability
as a human rights issue.
II: Fundamental Principles for the Drafting Process
The proposed UN Disability Convention shall build on existing human rights norms
and interpret those in the context of disability. The convention shall recognize
the obstacles faced by people with disabilities. Based on input from people with
disabilities and their organisations a convention shall clearly rest on the
fundamental human rights values of the International Bill of Human Rights:
dignity and self-determination, equality and social justice. Rather than having
a programmatic focus the convention shall provide people with disabilities
judiciable human rights. The convention shall have a strong monitoring mechanism
in order to give standing to disabled people.
III: Fundamental Rights
1) Civil and political rights;
Right to live
The lives of people with disabilities are threatened e.g. by denial of the
necessities of life such as food and water, shelter, medical treatment (or
conversely by the imposition of unwanted medical treatment) and eugenic threats.
Freedom from torture and inhuman and degrading treatment
Because disabled people are treated as objects they experience inhuman and
degrading treatment in their everyday life, including sexual exploitation,
physical violence and forced treatment. Disabled women are especially
victimized.
Bodily and psychic integrity
Disabled people’s right to refuse treatment is often denied and they are
frequently subjects of medical experimentation.
Liberty
Disabled people’s liberty rights are frequently infringed by
institutionalization and exclusion. Thus, disabled people are denied the right
to independent living and self-determination.
Equality
The main obstacle facing people with disabilities is discrimination not
impairment. But disabled people can only enjoy full equality rights if
governments adopt a structural equality approach and firmly base their policies
on the principle of social inclusion.
Association
Disabled people are often prevented from forming their own organisations or
joining political parties to protect their interests and are denied access to
social organisations and existing political parties.
Family/privacy rights
Disabled children are often denied the right to grow up as a part of a family
and disabled adults are often denied the right to marry and have and raise
children. In particular, disabled women are often victims of forced
sterilization and forced abortion.
Recognition as a person before the law
Persons deemed legally incapacitated are systematically denied their citizenship
rights such as decisions about medical treatment, ability to sign contracts and
to manage their finances. Because of the need for assistance in one area of
their life disabled people are often deprived of rights in all areas of life.
Because children with disabilities are devalued they are often not registered at
birth and are denied a legal name and citizenship.
Freedom of expression
People with disabilities are often foreclosed from mainstream communication and
thus are denied the right to freedom of thought, conscience and religion as well
as freedom of speech and expression. In particular deaf persons´ human rights
are violated by denial or prohibition of sign language.
Vote and stand for elections
Disabled people are often denied the right to participate in democratic process
by lack of access to voting and prohibition of standing as candidates for
election. Blind people in particular are denied the right to secret voting. In
addition institutionalized people are deemed incapable of voting.
Citizenship
People with disabilities are often denied full citizenship rights e.g. unequal
treatment before the law or denial of effective legal remedies. They are often
subjected to arbitrary arrest, detention or exile. Immigration laws often
discriminate against people with disabilities.
Recognition of people with disabilities as a minority
Because people with disabilities are not recognized as an insular discrete
minority they are foreclosed from democratic processes.
2) Economic, social and cultural rights
Traditionally attempts to recognize the economic, social and cultural rights of
people with disabilities have been based on a model of charity and welfare. A
convention must enshrine these rights as a basic for liberty and empowerment
Education
Most children with disabilities are denied access to any education and most who
receive an education do so in inadequate and/or segregated settings. For example
deaf, blind and deafblind children are denied the right to education in sign
language or Braille.
Work
Most disabled persons are excluded from the workforce. The right to free choice
of employment, to just and favorable conditions of work is denied among others
by being relegated to sheltered workshops. In addition most disabled people do
not get adequate vocational training.
Health
Most disabled people have no access to basic healthcare.
Access
Disabled people’s right to freedom of movement and information is being violated
through architectural, communicational and attitudinal barriers. A convention
must oblige state parties to build inclusive systems.
Standard of living
The majority of disabled people live in poverty. They have no access to adequate
food, clothing, housing and necessary social service such as rehabilitation.
Having a disability should not mean having a lower standard of living, or having
to accept unwanted services to obtain the necessities of life.
Culture
Disabled people’s right to culture is often violated by being foreclosed from
cultural life. In addition, elements of the culture of disabled people, such as
sign language and Braille are not recognized and valued. Disabled people are
stigmatized by the presentation of false images in popular culture, which
creates prejudices and superstition.
3) Right to development
The IDA would welcome the application of so-called 3rd generation human rights
in the Disability Convention. Since there is a strong link between poverty and
disability, disabled people need to benefit without discrimination from a right
to development.
IV: Monitoring Mechanism
Since the Disability Convention shall be a human rights instrument the
monitoring mechanism should be similar to that for the existing six core Human
Rights Treaties (especially CEDAW and CRC). This will entail state reports,
complaint mechanisms (individual/group and state), NGO involvement and
investigation powers of the treaty monitoring body. In addition the monitoring
process should have the benefit of the involvement of the Special Rapporteur and
the panel of experts throughout the monitoring process.
V: Process of Elaboration of Treaty
IDA urges the Ad Hoc Committee to work towards the instalment of a secretariat
to facilitate the drafting process. This secretariat should be firmly based
within the Human Rights regime of the United Nations. Throughout the process of
the elaboration of the convention IDA recommends that the involvement of
disabled persons be secured. This means active input of disability and human
rights NGOs and inclusion of people with disabilities in government delegations.
In addition we recommend that the OHCHR hire disabled staff to facilitate the
process.
Almåsa, Sweden, March 2, 2003
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