This guide makes no reference that we can find to Article 4.
We consider Article 4.3 to be central to the implementation of the
Convention as a whole as well as having obvious far-reaching implications in
relation to how government conducts itself in relation to disabled people.
4.3 - In the development and implementation of legislation and policies to
implement the present Convention, and in other decision-making processes
concerning issues relating to persons with disabilities, States Parties
shall closely consult with and actively involve persons with disabilities,
including children with disabilities, through their representative
organizations.
If those last three words can be reasonably interpreted as meaning Disabled
Peoples' Organisations then the implications are potentially immense.
How "interesting" that the EHRC has chosen not to comment upon this Article.
Russell Stronach
Co-Chair, ARM UK
<http://www.autisticrightsmovementuk.org> www.autisticrightsmovementuk.org
Article 4 - General obligations
1. States Parties undertake to ensure and promote the full realization of
all human rights and fundamental freedoms for all persons with disabilities
without discrimination of any kind on the basis of disability. To this end,
States Parties undertake:
a. To adopt all appropriate legislative, administrative and other
measures for the implementation of the rights recognized in the present
Convention;
b. To take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices that constitute
discrimination against persons with disabilities;
c. To take into account the protection and promotion of the human rights
of persons with disabilities in all policies and programmes;
d. To refrain from engaging in any act or practice that is inconsistent
with the present Convention and to ensure that public authorities and
institutions act in conformity with the present Convention;
e. To take all appropriate measures to eliminate discrimination on the
basis of disability by any person, organization or private enterprise;
f. To undertake or promote research and development of universally
designed goods, services, equipment and facilities, as defined in article 2
of the present Convention, which should require the minimum possible
adaptation and the least cost to meet the specific needs of a person with
disabilities, to promote their availability and use, and to promote
universal design in the development of standards and guidelines;
g. To undertake or promote research and development of, and to promote
the availability and use of new technologies, including information and
communications technologies, mobility aids, devices and assistive
technologies, suitable for persons with disabilities, giving priority to
technologies at an affordable cost;
h. To provide accessible information to persons with disabilities about
mobility aids, devices and assistive technologies, including new
technologies, as well as other forms of assistance, support services and
facilities;
i. To promote the training of professionals and staff working with
persons with disabilities in the rights recognized in this Convention so as
to better provide the assistance and services guaranteed by those rights.
2. With regard to economic, social and cultural rights, each State Party
undertakes to take measures to the maximum of its available resources and,
where needed, within the framework of international cooperation, with a view
to achieving progressively the full realization of these rights, without
prejudice to those obligations contained in the present Convention that are
immediately applicable according to international law.
3. In the development and implementation of legislation and policies to
implement the present Convention, and in other decision-making processes
concerning issues relating to persons with disabilities, States Parties
shall closely consult with and actively involve persons with disabilities,
including children with disabilities, through their representative
organizations.
4. Nothing in the present Convention shall affect any provisions which are
more conducive to the realization of the rights of persons with disabilities
and which may be contained in the law of a State Party or international law
in force for that State. There shall be no restriction upon or derogation
from any of the human rights and fundamental freedoms recognized or existing
in any State Party to the present Convention pursuant to law, conventions,
regulation or custom on the pretext that the present Convention does not
recognize such rights or freedoms or that it recognizes them to a lesser
extent.
5. The provisions of the present Convention shall extend to all parts of
federal states without any limitations or exceptions.
From: [log in to unmask]
[mailto:[log in to unmask]] On Behalf Of Colin REvell
Sent: 04 August 2010 13:39
To: [log in to unmask]; [log in to unmask];
[log in to unmask];
[log in to unmask]; [log in to unmask];
[log in to unmask]; [log in to unmask]
Subject: [politicsofautism] New guide explains UN Convention on the Rights
of Persons with Disabilities
New guide explains UN Convention on the Rights of Persons with Disabilities
A new guide to the United Nations Convention on the Rights of Disabled
Persons (UNCRPD) has been published by the Commission to make disabled
people aware of their rights and how to use them. It will help individuals
challenge injustices and improve services for themselves and others and will
help organisations understand their responsibilities.
The Convention, which was signed by the UK government last year, covers
health, education, employment, personal security, independent living and
access to information and justice, and describes what the government has
agreed to do by next July to make disabled peopl's rights real.
Mike Smith, Chair of the Commission's Disability Committee, said: 'The UK
signed up to this treaty just over a year ago and we will continue to work
with the government to make sure that it is implemented fully. It requires
government to take action to remove barriers and give disabled people real
freedom, dignity and equality. Our role is to ensure Britain makes rapid
progress towards making the Convention rights a reality for disabled people.
You and your organisation can get involved in telling people about these
rights. The more people who know what the Convention says, the more likely
it is that disabled people will be treated fairly.'
http://www.equalityhumanrights.com/human-rights/a-guide-to-the-un-disability
-convention
Taken from EHRC News Issues 23 July/August 2010:-
http://cecollect.com/ve/ZZ9361i9874BK8498Ts1/VT=0/page=11#3
Colin Revell
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