Convention on the Rights of
Persons with Disabilities
Rosemary Kayess
Introduction
• First Convention 21st Century
– Adopted by the GA December 2006
• Open for signature March 30, 2007
• 81 signatories, including Australia
• Entered into force 2008
• Two instruments
– Convention: 106 ratified, 153 signed
– Optional Protocol: 63 ratified, 90 signed
• Human rights framework
– Rights bearers
Background
• Disability ‘missing piece’
– International Bill of Human Rights
• “other status”
– International Standards (soft law)
• Non-compliance
– Policy failure
• jurisprudence
– Disability and poverty
• Poorest of the poor
• MDG (2000)
Convention on the Rights of
Persons with Disabilities
• Unprecedented civil society involvement
– Disabled persons’ organisations
– Developing nations
• Thematic
– No new rights
• Non-discrimination and substantive articles
• Civil & Political, Economic, Social & Cultural
• Implementation, capacity building
– Disability context
– 50 articles
Innovations
• General obligations
– Research, civil society engagement
• World Report
• Facilitation articles
– General principles, women & children, awareness
raising, accessibility, data & statistics
• Translated rights
– Freedom from violence and abuse, protecting the
integrity of the person, living independently,
personal mobility
• Implementation measures
– Situations of risk, rehabilitation and
habilitation, access to justice,
international cooperation