Convention on Rights of Persons with Disabilities and the Optional

advertisement
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
Damjan Tatic, Ph. D.
Member of the UN Committee on the
Rights of Persons with Disabilities
UN Convention on the Rights of Persons
with Disabilities: National conference in
Sofia, Bulgaria, June 3rd 2011
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Persons with disabilities have all the human rights and
freedoms that are guaranteed to all human beings at
international level or by national legislations.
• In practice persons with disabilities faced discrimination,
exclusion, various barriers and prejudices, they were
unable to enjoy their rights.
• At Mexico’s initiative, United Nations General Assembly
unanimously adopted resolution to set up Ad Hoc
Committee for drafting of Convention on Rights of
Persons with Disabilities on December 19th 2001.
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• United Nations General Assembly unanimously
adopted Convention on Rights of Persons with
Disabilities and the Optional Protocol to it on
December 13th 2006.
• The Convention and Optional Protocol to it were
opened for signature and ratification on March
30th 2007.
• Convention on Rights of Persons with
Disabilities and the Optional Protocol to it
entered in force on May 3rd 2008. It’s the 1st
human rights treaty in the new Millenium.
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Until May 15th 2011:
• 100 ratifications of the Convention – 99 member states
of the UN and EU
• 148 signatories to the Convention
• 61 member state of the UN ratified the Optional Protocol
to the Convention
• 90 member states of the UN have signed the Optional
Protocol
• Convention on the Rights of Persons with Disabilities is
the 1st human rights treaty to be ratified by the EU, this
sets a precedent in international public law
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Convention on Rights of Persons with
Disabilities does not create any new rights
for persons with disabilities.
• It provides for measures to enable persons
with disabilities to enjoy fully and effectively
all their rights.
• The purpose of the Convention is “to promote,
protect and ensure the full and equal enjoyment
of all human rights and fundamental freedoms
by all persons with disabilities, and to promote
respect for their inherent dignity” (article 1,
clause 1).
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Articles 4 on general obligations of state
parties to the Convention and 5 on equality
and non- discrimination constitute the core
of Convention on Rights of Persons with
Disabilities.
• Convention prescribes that state 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” (article 4, clause 1).
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Persons with disabilities have to be consulted
through their representative organizations in
development of policies and legislation
necessary for implementation of the Convention
(article 4, clause 3).
• Civic and political rights of persons with
disabilities have to be implemented immediately,
while social, economic and cultural rights will be
implemented progressively and gradually, with
the maximal use of the available resources
(article 4, clause 2).
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• States Parties recognize that “all persons are
equal before and under the law and are entitled
without any discrimination to the equal
protection and equal benefit of the law” (article
5, clause 1).
• States Parties shall “prohibit all discrimination on
the basis of disability and guarantee to persons
with disabilities equal and effective legal
protection against discrimination on all grounds”
(article 5, clause 2).
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Convention puts strong emphasis on provision
of reasonable accommodation.
• It defines reasonable accommodation as
“necessary and appropriate modification and
adjustments not imposing a disproportionate or
undue burden, where needed in a particular
case, to ensure to persons with disabilities the
enjoyment or exercise on an equal basis with
others of all human rights and fundamental
freedoms” (article 2).
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Convention pays special attention to situation and
equality of women with disability (article 6) and children
with disability (article 7)
• Awareness- raising and accessibility are 2 powerful tools
and preconditions for full and equal participation of
persons with disabilities in society.
• Convention prescribes measures for awareness- raising
in article 8 in detail
• Convention prescribes measures for ensuring
accessibility of physical environment, public transport,
information and communication and services opened for
public in article 9 in detail
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Convention prescribes for various measures that need to be
implemented in order to enable persons with disabilities to fully and
equally enjoy civil, political, economic, social and cultural rights
•
•
•
•
•
Article 10: Right to life
Article 12: Equal recognition before the law
Article 13: Access to justice
Article 14: Liberty and security of the person
Article 15:Freedom from torture or cruel, inhuman or
degrading treatment or punishment
• Article 16: Freedom from exploitation, violence and
abuse
• Article 17: Protecting the integrity of the person
• Article 18: Liberty of movement and nationality
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Article 21: Freedom of expression and opinion, and
access to information
• Article 22: Respect for privacy
• Article 23: Respect for home and the family
• Article 24: Education
• Article 25: Health
• Article 27: Work and employment
• Article 28: Adequate standard of living and social
protection
• Article 29: Participation in political and public life
• Article 30: Participation in cultural life, recreation, leisure
and sport
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Convention also regulates measures that will
enable persons with disabilities to live
independently and be included in their
respective communities (article 19)
• It covers disability – specific issues such as:
• personal mobility (article 20),
• habilitation and rehabilitation (article 26).
• It also provides measures to ensure safety of
persons with disabilities in situations of armed
conflict and natural disasters (article 11).
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Efficient monitoring and follow- up mechanisms are one of
preconditions and constitute a valuable tool in effective, full
implementation of a particular international human rights treaty.
• Convention prescribes for state parties to shall designate one or
more focal points within government for matters relating to the
implementation of the Convention, and shall give due consideration
to the establishment or designation of a coordination mechanism
within government to facilitate related action in different sectors and
at different levels (article 33, clause 1). They also shall set up
framework for monitoring and follow- up of the Convention. Civil
society, especially organizations of persons with disabilities, have to
be involved in all monitoring activities. The national monitoring
mechanism has to be established in line with the Paris principles.
• Various European countries that have submitted initial reports to the
Committee for the Rights of Persons with Disabilities applied
different monitoring mechanisms
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Austria set up a monitoring committee consisting of 4
members from disability organizations, 4 from human
rights NGO’ s, 1 from a development organization and 1
from university. Representatives of 2 ministries are also
members of that committee but they don’t have the right
to vote
• Spain extended its’ national disability council’s mandate
to serve as the coordinating body. It appointed the
Spanish committee of representatives of persons with
disabilities as the primary civil society body in this area,
but without a clear mandate
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Sweden still has not appointed its’ national
monitoring body, a proposal is that it
should be Equality Ombudsman with
support of National disability council
• Hungary still has not appointed its’
national monitoring body. Parliamentary
commissionaire on citizen rights did issue
a report on disability rights in 2009.
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
• Articles 34 to 39 prescribe for setting up and functioning of
Committee on the Rights of Persons with Disabilities. State parties
shall elect independent experts to the Committee, consideration
being given to equitable geographical distribution, representation of
the different forms of civilization and of the principal legal systems,
balanced gender representation and participation of experts with
disabilities (article 34).
• State parties should submit periodic reports on implementation of
the Convention to the Committee for the review.
• So far Argentina, Australia, Austria, Azerbaijan, China, Costa Rica,
El Salvador, Hungary, Peru, Paraguay, Tunisia, Spain and Sweden
have submitted reports. Committee examined Tunisia’s report.
• The Optional Protocol to the Convention provides for a possibility of
submission of complaints to the Committee on the Rights of Persons
with Disabilities in cases of violation of provisions of the Convention,
once all national legal remedies had been exhausted.
Monitoring of the UN Convention on the
Rights of Persons with Disabilities
•Thank you for your
time and attention!
Download
Related flashcards

Political science

34 cards

Types of organization

17 cards

Types of organization

26 cards

Media in Moscow

79 cards

Create Flashcards