UN Convention on Rights of Persons with Disabilitites

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The United Nations Convention on the Rights of Persons
with Disabilities and its importance for hard of hearing
people worldwide
By: Jan-Peter Strömgren, Marcia B. Dugan & Charlotta Göller
Abbreviations/acronyms
Ad Hoc Committee: Ad Hoc Committee on a Comprehensive and Integral International
Convention on the Protection and Promotion of the Rights and Dignity of Persons with
Disabilities
AODP: Arab Organisation of Disabled People
CRPD: The United Nations Convention on the Rights of Persons with Disabilities
DPO: Disabled Persons’ Organisation
EDF: European Disability Forum
GA: General Assembly
HoH: hard of hearing (people)
HRF: Swedish Association of Hard of Hearing People
HR: Human Rights
IDA: International Disability Alliance
IDC: International Disability Caucus
IDA CRPD Forum
PWD: Person/s with disability/ies
UN: United Nations
WFDB: World Federation of the Deafblind
Presenters
Jan-Peter Strömgren – IFHOH President (Sweden)
- president of the Swedish Association of Hard of Hearing People since xxx
- president of IFHOH since 2006, board member since 2002
Marcia B. Dugan – IFHOH past President (USA)
- president of IFHOH 2001-2006, board member since 2000
Charlotta Göller – International policy officer, Swedish Association of Hard of Hearing
People (HRF) (Sweden)
- working for HRF and IFHOH since 2006
- 2003-2006 World Federation of the Deafblind
What is a human rights convention?
• A legally binding international human rights (HR) treaty
• The countries that ratify the convention commit to implementing its provisions
The CRPD is one of nine UN core HR conventions:
1. Civil and political rights
2. Economic, social and cultural rights
3. Racial discrimination
4. Women’s rights
5. Torture
6. Children’s rights
7. Migrant workers’ rights
8. Rights of persons with disabilities
9. Enforced disappearances (not yet in force)
Why did we need a convention on disability?
- All existing HR conventions cover persons with disabilities (PWD) in theory, but not
in practice
- The CRPD does not create new rights, but reinforces already existing rights for PWD
- The CRPD makes PWD visible on the human rights arena
Purpose of the CRPD
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.
A convention coming into existence
• Idea > proposal > GA > Ad Hoc Committee > GA > ratification process >>>
• IDA > IDC >>>
Disability becoming an HR issue
It started way back in the 1940’s and the Universal declaration of human rights (1948). It was
followed by several human rights treaties:
• Political and civil rights and economic, social and cultural rights (1966)
• From the 1960s and onwards other specialized human rights treaties
Already in the 1970’s the question of a convention was raised but it would take more than 25
years until the idea was realised…The discussions then led to the proclamation of the
International Year of Disabled Persons in 1981, adoption of the World Programme of Action
concerning Disabled Persons in 1982 and the United Nations Decade on Disabled Persons
1983-1992. Towards the end of the Decade, Sweden and Italy again raised the question of a
convention, but the proposal met no approval and instead the Standard Rules on the on the
Equalization of Opportunities for Persons with Disabilities were elaborated in 1993.
In 2001, Mexico proposed to the UN General Assembly to establish an Ad Hoc Committee to
consider proposals for a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities and the Ad Hoc Committee started
working in 2002. After only five years of negotiations the Convention on the Rights of
Persons with Disabilities was adopted by the General Assembly on 13 December 2006.
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The CRPD entered into force on 3 May 2008 when 20 states had ratified it
The CRPD and its Optional Protocol are now legally binding for its states parties
The Optional Protocol relates to how individuals or groups can seek redress for
violations of the CRPD once national remedies are exhausted.
8 guiding principles of the CRPD
1. Respect for inherent dignity, individual autonomy including the freedom to make one's
own choices, and independence of persons
2. Non-discrimination
3. Full and effective participation and inclusion in society
4. Respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity
5.
6.
7.
8.
Equality of opportunity
Accessibility
Equality between men and women
Respect for the evolving capacities of children with disabilities and respect for the
right of children with disabilities to preserve their identities
Rights in the CRPD
• Equality before the law without discrimination (article 5)
• Right to life, liberty and security of the person (articles 10 & 14)
• Equal recognition before the law and legal capacity (article 12)
• Freedom from torture (article 15)
• Freedom from exploitation, violence and abuse (article 16)
• Right to respect physical and mental integrity (article 17)
• Freedom of movement and nationality (article 18)
• Right to live in the community (article 19)
• Freedom of expression and opinion (article 21)
• Respect for privacy (article 22)
• Respect for home and the family (article 23)
• Right to education (article 24)
• Right to health (article 25)
• Right to work (article 27)
• Right to adequate standard of living (article 28)
• Right to participate in political and public life (article 29)
• Right to participation in cultural life (article 30)
CRPD for Hard of Hearing People
Some articles of particular interest to HoH:
• Article 2: Definition of communication
– display of text and communication technology
• Article 9: Accessibility
– information and communication
• Article 24: Education
– most appropriate means and modes of communication and environment for the
individual
• Article 27: Employment
– reasonable accommodation in the work place
There is no direct reference to hearing loss/hard of hearing in the text, but everything
addressing PWD includes HoH as well. Many clauses addressing the deaf are applicable to
hard of hearing people also.
International Disability Alliance (IDA)
• Network of 8 international and 2 regional disability organizations
• Disabled Peoples' International, Inclusion International,
• International Federation of Hard of Hearing People,
• Rehabilitation International
• World Blind Union
• World Federation of the Deaf
• World Federation of the DeafBlind
• World Network of Users and Survivors of Psychiatry
• European Disability Forum
• Arab Organization of Disabled People
• Formed in 1999 and revitalized discussion on a convention for persons with
disabilities
• IFHOH became a member of IDA in 2005
International Disability Caucus (IDC)
There was unprecedented civil society participation in the Ad Hoc Committee negotiations
through the International Disability Caucus (IDC)
• led by IDA
• including appr. 70 organizations (disability, human rights etc)
• joint voice of civil society during negotiations
Side event on CART
IFHOH and the Japan National Conference of the Hard of Hearing organised a so called side
event demonstrating CART in Japanese and English during the xx meeting of the Ad Hoc
Committee.
• Purpose: to show the UN powers and other delegates what true access is for people
with hearing loss.
• CART helps not only those who do not hear well but also those for whom English is
not their first language
• The delegate to the IDC from Canada used CART to follow the discussions and
together with him, IFHOH tried to influence the UN to use CART at the General
meetings during the Convention.
What’s new with the CRPD?
• Participation of civil society
– Much of the CRPD wording comes from IDC
• Paradigm shift
– Shift from a medical/social approach to a human rights approach
• Legally binding for states that have ratified
– As opposed to the Standard Rules that are normative
IDA CRPD Forum
In February 2008 the IDA CRPD Forum was established as a sub-committee of IDA. It is led
by a steering committee according to the principle of DPO leadership and its main purpose is
to work for the implementation of the CRPD. The forum comprises many of IDC’s former
members.
What can you do?
• Translate the convention into your language!
• Become experts on the convention!
• Encourage your state to sign and ratify!
• Cooperate with other human rights organizations!
• Work with your state to develop a domestic body for promotion, protection, and
monitoring!
• Insist to be involved in implementation in your state!
Thank you for your attention!
Questions?
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