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DISABILITY-RESEARCH  September 2007

DISABILITY-RESEARCH September 2007

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Subject:

Re: UN Convention could assume legal force at 62nd General Assembly next week.

From:

Frank Hall-Bentick <[log in to unmask]>

Reply-To:

Frank Hall-Bentick <[log in to unmask]>

Date:

Mon, 24 Sep 2007 10:40:51 +1000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (159 lines)

Larry,

I agree but it might encourage a few more Governments to ratify sooner 
rather than later.

Frank

----- Original Message ----- 
From: "Larry Arnold" <[log in to unmask]>
To: "'Frank Hall-Bentick'" <[log in to unmask]>; 
<[log in to unmask]>
Sent: Monday, September 24, 2007 10:20 AM
Subject: RE: UN Convention could assume legal force at 62nd General Assembly 
next week.


Mebbe but I wouldn't count on it

What did Cromwell say then? "put your faith in God but keep your powder dry"

I wonder sometimes if some people on this list even live in the same world 
as I do.

What is delusion, look in the mirror, thou hast it!

Larry

> -----Original Message-----
> From: The Disability-Research Discussion List
> [mailto:[log in to unmask]] On Behalf Of
> Frank Hall-Bentick
> Sent: 24 September 2007 00:00
> To: [log in to unmask]
> Subject: UN Convention could assume legal force at 62nd
> General Assembly next week.
>
> RIGHTS: Disability Treaty Waits for Legal Teeth By Alexandra Stahl
>
> UNITED NATIONS, Sep 21 (IPS) - Disabled rights groups and
> U.N. officials hope that the first core human rights treaty
> of the 21st century, the Convention on the Rights of Persons
> with Disabilities, could finally assume legal force when
> world leaders gather here for the 62nd session of the General
> Assembly next week.
>
> With 10 percent of the global population living with
> disabilities, the convention applies to the world's largest
> minority -- about 650 million people.
>
> And this number is constantly increasing through population
> growth, medical advances and the aging process, says the
> World Health Organisation (WHO), which makes bringing the
> convention into force even more important.
>
> This will require at least 20 signatory countries to present
> the convention to their national legislatures for adoption,
> often a lengthy and complex process. Only six countries have
> ratified it so far -- Croatia, Cuba, Hungary, Jamaica, Panama
> and Namibia.
>
> "The U.N. Treaty Event [to encourage further signatures and
> ratification on Sep. 25] is a great opportunity for countries
> to express their commitment to the convention and the persons
> with disabilities. It's a convention whose time has come and
> I expect a great deal of support for it," Thomas Schindlmayr,
> U.N. disability expert at the Secretariat for the Convention
> on the Rights of Persons with Disabilities, told IPS.
>
> So far 102 countries have signed the text that clarifies how
> all categories of human rights specifically apply to the
> disabled and identifies areas where protection of these
> rights must be reinforced.
>
> Fifty-nine states have also signed the Optional Protocol,
> which allows individuals to petition the new 18-member
> Committee on the Rights of Persons with Disabilities
> regarding violations of the convention once all domestic
> forms of recourse have been exhausted. It requires 10
> ratifications to enter into force.
>
> "Members of the disability community played a significant
> role in drafting this convention," noted Shantha Rau of
> Rehabilitation International (RI), a global disability
> network that worked closely with other disabled people's
> organisations and NGOs in providing input on the convention text.
>
> This could set a new standard for the cooperation among
> governments, the U.N. and civil society in furthering such
> processes, she told IPS.
>
> "It was an unprecedented negotiation process, as never before
> had so many NGOs been able to participate and give their
> comments and opinions," agreed Vittoria Beria of the U.N.
> Secretariat for the Convention on the Rights of Persons with
> Disabilities.
>
> Jorge Ballestero, vice chair of the Ad Hoc Committee that
> spent four years drafting the convention before it was
> adopted by the General Assembly on Dec. 13, 2006, said the
> treaty has helped change the way people view disabilities.
>
> "Before this convention, disability was often regarded as a
> disease or illness, but now we have realised that disability
> is an interaction between a certain condition and society,"
> he said. "Society must help to eliminate disabilities through
> accessibility, non-discrimination and protecting and
> enforcing the same rights to everyone."
>
> The eight guiding principles of the convention focus on
> dignity, individual autonomy, non-discrimination, full and
> effective participation and inclusion in society, equality of
> opportunity, accessibility, equality between men and women,
> and respect for the evolving capacities of children with
> disabilities.
>
> Tina Minkowitz, co-chair of the World Network of Users and
> Survivors of Psychiatry, which played a leading role in
> drafting the convention, regards Article 12 as one of the key
> aspects of the text as it deals with the legal rights of
> people with disabilities.
>
> "People that are put under guardianship compare this to a
> civil death, as they can't make basic decisions on their own.
> They can't vote or marry or simply sign contracts.
> Governments have to recognise that people with disabilities
> have legal capacity on an equal basis with others in all
> aspects of life," she told IPS.
>
> Minkowitz acknowledged that countries will face challenges in
> implementing this article, and hopes to see some pioneer the
> legal innovations required to ensure the full rights to
> self-determination for people with disabilities.
>
> To monitor this process, a Conference of State Parties will
> meet every two years in New York. It will elect the members
> of the Committee on the Rights of Persons with Disabilities
> that will be assisted by the Geneva-based U.N. High
> Commissioner for Human Rights.
>
> For disability organisations like Rehabilitation
> International, the ongoing process of signature and
> ratification is a promising start, but there's a lot more to do.
>
> "While the focus now is on signature and ratification, RI and
> other members of the disability community are beginning to
> consider how to actually implement the goals of the
> convention by focusing on how to make communities accessible,
> how to make schools inclusive and how to establish concrete
> programmes, national action plans, and effective policies,"
> Rau told IPS.
>
> (END/2007)

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