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68-515: The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities . Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under

136-588: A ballot for the blind or disabled voter. Such arrangement, however, does not assure secrecy of the ballot. Article 29 also requires that Contracting States ensure "that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use." In some democracies, i.e. Sweden and the US, all the polling places already are fully accessible for disabled voters. The CRPD has many "freedoms to", guarantees that states will provide housing, food, employment, health care, and personal assistance, set forth in

204-638: 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 " in Article 2 and demands this all aspects of life including inclusive education . Article 8 of the Convention stresses parties' commitment to awareness raising to foster respect for rights and dignity to counter disability discrimination. Parties commit to raise disability awareness throughout society, including at

272-501: A mental institution was bombed by the United States, injuring six and killing sixteen people. Human Rights Defenders was started by DPI in 2011 to help people with disabilities in developing countries. They want to improve the legal, social, and economical issues that affect people with disabilities. As of 2013, Human Rights Defenders established two Women's Global Networks that promote rights of women with disabilities. They also set up

340-532: A party, and regional instruments , which are restricted to states in a particular region of the world. Most conventions and recommendations (but few declarations) establish mechanisms for monitoring and establish bodies to oversee their implementation. In some cases these bodies that may have relatively little political authority or legal means, and may be ignored by member states; in other cases these mechanisms have bodies with great political authority and their decisions are almost always implemented. A good example of

408-504: A proposal by Mexico , established an Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities to consider proposals for a comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach. Disability rights organisations, including Disabled Peoples' International ,

476-615: A vote in the United States Senate fell six votes short of the two-thirds majority required for advice and consent on ratification. In July 2014, the Senate Foreign Relations Committee again approved a resolution for advice and consent, but the measure was not brought to a vote of the full Senate. The Convention follows the civil law tradition, with a preamble, in which the principle that "all human rights are universal, indivisible, interdependent and interrelated "of

544-802: Is a cross disability, consumer controlled international non-governmental organization (INGO) headquartered in Ottawa, Ontario, Canada , and with regional offices in Asia-Pacific, the Middle East, Europe, Africa, Latin America, and North America and the Caribbean. DPI is a network of national organizations or assemblies of disabled people, established in 1980–81 to promote the human rights of disabled people through full participation, equalization of opportunity and development. DPI assists organisations in over 152 nations with

612-661: Is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others Article one (Purpose) further offers that: Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. The Convention defines " reasonable accommodation " as "necessary and appropriate modification and adjustments not imposing

680-399: Is provided to persons with disabilities in the workplace and that persons with disabilities are not held in slavery or in servitude, and are protected, on an equal basis with others, from forced or compulsory labour . International human rights instrument International human rights instruments can be divided further into global instruments , to which any state in the world can be

748-652: The British Council of Organisations of Disabled People , BCODP, to challenge some aspects of the draft constitution, and this discussion formed the agenda for the start of the debates and votes in Congress. The first congress meeting was filmed, but the editing was problematic and reportedly members were generally unhappy with the final version, saying it had not captured the enthusiasm of the Singapore Congress. The following key Executive posts were elected: In her book of

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816-561: The Convention on the Elimination of All Forms of Discrimination against Women ) resulted from decades of activity during which group rights standards developed from aspirations to binding treaties. The United Nations General Assembly adopted the 1971 Declaration on the Rights of Mentally Retarded Persons. followed by the Declaration of the Rights of Disabled Persons on 9 December 1975. 1981

884-562: The International Covenant on Civil and Political Rights , International Covenant on Economic, Social and Cultural Rights and the Convention Against Torture , but with specific obligations ensuring that they can be fully realized by persons with disabilities. Rights specific to this convention include the rights to accessibility including the information technology , the rights to live independently and be included in

952-738: The International Covenant on Civil and Political Rights , and the International Covenant on Economic, Social and Cultural Rights together with other international human rights instruments are sometimes referred to as the " International Bill of Human Rights ". International human rights instruments are identified by the OHCHR and most are referenced on the OHCHR website. According to OHCHR, there are 9 core international human rights instruments and several optional protocols. Several more human rights instruments exist. A few examples: Disabled Peoples%27 International Disabled Peoples' International ( DPI )

1020-632: The United Nations General Assembly on 13 December 2006, and opened for signature on 30 March 2007. Following ratification by the 20th party, it came into force on 3 May 2008. As of March 2024, it has 164 signatories and 191 parties, 190 states and the European Union (which ratified it on 23 December 2010). The convention is monitored by the Committee on the Rights of Persons with Disabilities for which annual Conferences of States Parties to

1088-639: The World Coalition of Citizens with Disabilities , soon afterwards known at the Disabled Peoples' International. An Ad-Hoc Planning Committee was established and met several times in the remaining time in Winnipeg with representatives from six countries, reporting back to disabled delegates on Wednesday 25 June 1980. This led to the Steering Committee with two representatives each from the seven regions of

1156-545: The World Network of Users and Survivors of Psychiatry , Landmine Survivors Network (now Survivor Corps ), and the International Disability Alliance influenced the drafting process. The International Disability Alliance served as coordinator of an ad hoc International Disability Caucus, participated actively in the drafting process, in particular seeking a role for disabled persons and their organisations in

1224-446: The redress of grievances ; Parties agree to ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others; to enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training; to promote employment opportunities and career advancement for persons with disabilities in

1292-510: The "Handbook on prisoners with special needs" by the United Nations Office on Drugs and Crime . Article 29 requires that all Contracting States protect "the right of persons with disabilities to vote by secret ballot in elections and public referendums ". According to this provision, each Contracting State should provide for voting equipment which would enable disabled voters to vote independently and secretly. Some democracies, e.g.,

1360-572: The 1980 meeting was the Coalition of Provincial Organisations of the Handicapped , COPOH, a national organisation of disabled people in Canada. It was COPOH's policy that any post-trauma rehabilitation of disabled people should be for a limited period only, followed by independent living . Fifty disabled delegates met in Winnipeg for three days to plan out their interventions before attending the Congress, which

1428-482: The 2008 World Disability Award on behalf of the nation. In 2015, for the first time in its short history, the Committee on the Rights of Persons with Disabilities opened an investigation into a signatory state for breaching their convention obligations. The investigation was triggered by article 6 of the optional protocol, which provides that an investigation will be carried out once the committee receives "reliable information indicating grave and systematic violation" of

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1496-652: The CRPD have set guidelines since 2008. The thirteenth Conference of States Parties was scheduled to meet in New York in June 2020, then rescheduled tentatively to meet in December 2020 due to the COVID-19 crisis. The Convention on the Rights of Persons with Disabilities, like the other United Nations human rights conventions, (such as the International Covenant on Civil and Political Rights and

1564-788: The Conferences of the States Parties to the Convention on the Rights of Persons with Disabilities (CRPD). Since meeting at the 1972 World Congress meeting of the Rehabilitation International NGO in Sydney , Australia, disabled people from many countries had been involved in campaigning for their voice to be heard within the organisation. In 1980 this campaigning came to a head at the four-yearly World Congress meeting in Winnipeg , Canada. A key organisation in supporting disabled people at

1632-492: The European Union should reaffirm that persons with disabilities have the right to recognition everywhere as a person before the law; recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life; take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity; and ensure that all measures that relate to

1700-667: The Executive moved from taking a hands-off 'honorary' role to being more managerial. With some early funding from the international development funds of Canada and Sweden, DPI in 1982–85 focused on leadership development, but it was noted that the delegates for training seminars were mostly male, were many were already involved in DPI structures, and with very few Deaf people participating. This all reportedly improved after 1985, and disabled women self-organised within DPI, at one point threatening to split from DPI if their concerns weren't addressed, echoing

1768-679: The Rights of Persons with Disabilities ' General Comment Number 4, adopted in August 2016, stressed the importance of inclusive education and condemned segregated education. The Comment was opposed by organizations including the World Blind Union and the World Federation of the Deaf which unsuccessfully argued for a "sensory exception" to recognize the importance of cultural and linguistic rights. Article 25 specifies that "persons with disabilities have

1836-567: The US, Japan, Netherlands, Slovenia, Albania or India allow disabled voters to use electronic voting machines or electronic aides which help disabled voters to fill the paper ballot. In others, among them Azerbaijan, Kosovo, Canada, Ghana, United Kingdom, and most of African and Asian countries, visually impaired voters can use ballots in braille or paper ballot templates. Many of these and also some other democracies, Chile for example, use adjustable desks so that voters on wheelchairs can approach them. Some democracies only allow another person to cast

1904-565: The United Nations International Covenant on Economic, Social, and Cultural Rights. These are positive obligations that the state will act, going beyond the promises of the Americans with Disabilities Act. Article 23 of the Convention prohibits compulsory sterilization of disabled persons and guarantees their right to adopt children . The convention's Article 24 states that persons with disabilities should be guaranteed

1972-645: The United Nations Universal Declaration of Human Rights , the International Covenant on Civil and Political Rights , and in the many states' rights documents such as the Americans with Disabilities Act. In the CRPD, frequently states assume obligations to guarantee rights in practice. In its Article 9, the Convention stresses that persons with disabilities should be able to live independently and participate fully in all aspects of life. To this end, States Parties should take appropriate measures to ensure that persons with disabilities have access, to

2040-513: The Vienna Declaration and Programme of Action is cited. The 25-subsection preamble explicitly mentions sustainable development , notes that "disability" is an "evolving concept" involving interaction between impairments and environmental factors, and mentions the importance of a "gender perspective". The preamble is followed by 50 articles. Unlike many UN covenants and conventions, it is not formally divided into parts. Article 1 defines

2108-488: The areas of health, employment , education and social services , in such a way that these services and programmes: begin at the earliest possible stage, are based on the multidisciplinary assessment of individual needs and strengths; and support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas. Parties pledge to promote

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2176-466: The basis of disability with regard to all matters concerning all forms of employment, continuance of employment, career advancement and safe and healthy working conditions; and to protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work , including equal opportunities and equal remuneration for work of equal value , safe and healthy working conditions, including protection from harassment , and

2244-401: The basis of disability, reasonable accommodation and universal design . Article 3 delineates the CRPD's eight "general principles" described below, while Article 4 delineates parties' "general obligations." Articles 5–32 define the rights of persons with disabilities and the obligations of states parties towards them. Many of these mirror rights affirmed in other UN conventions such as

2312-481: The community (Article 19), to personal mobility (article 20), habilitation and rehabilitation (Article 26), and to participation in political and public life, and cultural life , recreation and sport (Articles 29 and 30). In addition, parties to the Convention must raise awareness of the human rights of persons with disabilities (Article 8), and ensure access to roads , buildings , and information (Article 9). Articles 33–39 govern reporting and monitoring of

2380-435: The convention by national human rights institutions (Article 33) and the Committee on the Rights of Persons with Disabilities (Articles 34 through 39). Articles 40–50 govern ratification, entry into force, relation to "regional integration organizations", reservations, amendment, and denunciation of the convention. Article 49 requires that the Convention be available in accessible formats, and Article 50 provides that

2448-550: The convention's "Arabic, Chinese, English, French, Russian and Spanish texts" are "equally authentic". Despite the United Nations authorizing an "official fiction" of no "new rights," CRPD provisions address a broad variety of human rights, while adding a state obligation that states provide support to guarantee rights can be practiced. Various authors group them in different categories; this entry will describe basics and mechanics, then describe three categories roughly equivalent to

2516-471: The day to day issues of helping disabled people. They also host assemblies and symposiums across the world with their different national branches. The goals of DPI are to: DPI holds special consultative status with the United Nations Economic and Social Council and collaborates with many international organizations and governments of the world. For example, it is accredited to participate in

2584-451: The development of initial and continuing training for professionals and staff working in habilitation and rehabilitation service as well as the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation. Article 27 requires that States Parties recognize the right of persons with disabilities to work, on an equal basis of others; this includes

2652-550: The disputed concept of three generations of human rights . With increasing frequency, observers have commented on the overlapping and interdependence of categories of rights. In 1993, the World Conference on Human Rights ' Vienna Declaration provided in its Article 5 that since human rights were "universal, indivisible and interdependent and interrelated"...States have a duty "to promote and protect all human rights and fundamental freedoms." Gerard Quinn specifically commented on

2720-610: The era of apartheid in South Africa, the issue of possible recognition of Disabled People South Africa (DPSA) as a member of DPI was repeatedly debated at the Congress meetings, but DPSA was never admitted into membership during apartheid. In 1983 Disabled Peoples' International filed a complaint against the United States with the Inter-American Commission on Human Rights due to a brief military intervention in Grenada where

2788-559: The exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law . This provision has been particularly important for disability rights organizations challenging state practices of institutionalization and guardianship . Article 13 of the Convention affirms the effective access to justice for persons with disabilities, stating that: States parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through

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2856-473: The fact that the CRPD "co-mingles civil and political rights with economic, social and cultural rights." This is especially apparent in the CRPD where political rights have been meaningless without social and economic support for the economic and social rights are meaningless without participation. Some of the CRPD's first articles set forth its purpose and foundations; after listing disability rights (summarized in later sections below), its last Articles spell out

2924-399: The family level, to combat stereotypes , prejudices and harmful practices relating to persons with disabilities, including those aggravated by sex and age discrimination. They commit to effective public awareness campaigns to foster positive perceptions in the labour market, the media, and elsewhere. The CRPD includes many "freedoms from," reflecting liberal and humanist ideals enshrined in

2992-541: The formal role of Chair of the Ad Hoc Committee and led negotiations to a consensus agreement in August 2006, working closely with other Committee members Jordan, Costa Rica, the Czech Republic, and South Africa, as well as Korea and Mexico. Several observers commented on the "esteem-seeking behavior" of governments, national human rights institutions , and nongovernmental organizations . The Convention became one of

3060-648: The history of DPI in the 1980s by one of the participants throughout, Diane Driedger, reports that the early years between 1981 and 1985 included quite a few conflicts within both the two staff teams (one office team in Canada and the other in Sweden) and within the elected members on the World Council. The 1985 World Congress in the Bahamas resolved these tensions with the elections of some new members, and staff relations reportedly improved with more oversight of staff team leaders as

3128-613: The human rights of persons with disabilities. The government of the United Kingdom was investigated, with the final report released in 2016. The United States has been conspicuously absent from the States Parties that have ratified or acceded to the convention. During Barack Obama's administration the U.S. became a signatory to the convention on 24 July 2009. On July 31, 2012, the U.S. Senate Foreign Relations Committee recommended U.S. ratification, "subject to three reservations, eight understandings and two declarations." In December 2012,

3196-588: The implementation and monitoring of what became the Convention. In 2001, at the 56th session of the United Nations General Assembly, Mexico initiated negotiations, with active support from GRULAC (the Latin American regional group). When support for a Convention was foundering in 2002 due to WEOG opposition, New Zealand played a pivotal role in achieving cross-regional momentum. Acting as facilitator from 2002–03, New Zealand eventually assumed

3264-438: The institutional framework by which disability rights are to be promoted. There are eight guiding principles that underlie the convention, delineated in Article 3: Article 2 (Definitions) does not include a definition of disability. The Convention adopts a social model of disability , but does not offer a specific definition. The convention's preamble (section e) explains that the Convention recognises: ...that disability

3332-449: The labour market, as well as assistance in finding, obtaining, maintaining and returning to employment; and to promote opportunities for self-employment , entrepreneurship , the development of cooperative and starting one's own business, acquisition of work experience, vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities. Parties pledge to ensure that reasonable accommodation

3400-668: The latter is the European Court of Human Rights . Monitoring mechanisms also vary as to the degree of individual access to expose cases of abuse and plea for remedies. Under some conventions or recommendations – e.g. the European Convention on Human Rights – individuals or states are permitted, subject to certain conditions, to take individual cases to a full-fledged tribunal at international level. Sometimes, this can be done in national courts because of universal jurisdiction . The Universal Declaration of Human Rights ,

3468-401: The law . The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century. The text was adopted by

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3536-407: The learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring; supporting the learning of sign language and promoting the linguistic identity of the deaf community; advocating that education of persons, particularly children, who are blind and/or deaf, is delivered in

3604-442: The most appropriate languages and means of communication for the individual; and employing teachers, including teachers with disabilities, who are qualified in sign language and/or Braille , and to train education professionals and staff about disability awareness , use of augmentative and alternative modes and formats of communication, and educational techniques and materials to support persons with disabilities. The Committee on

3672-432: The most quickly supported human rights instruments in history, with strong support from all regional groups. 160 States signed the Convention upon its opening in 2007 and 126 States ratified the Convention within its first five years. In recognition of its role in creating the convention , as well as the quality of New Zealand's landmark National Disability Strategy, Governor-General of New Zealand Anand Satyanand received

3740-484: The physical environment, to transportation, to information and communications technology , and to other facilities and services open or provided to the public. Accessibility can be grouped into three main groups. 1. physical accessibility 2. service accessibility 3. accessibility to communication and information . Article 12 of the Convention affirms the equal recognition before the law and legal capacity of persons with disabilities. It provides that Parties (States and

3808-534: The pre-CRPD documents as "soft," in contrast with the "hard" treaty obligations of the CRPD. In March, 2000, leaders of six international disability NGOs, along with about 20 regional and national disability organizations, adopted the "Beijing Declaration on the Rights of Persons with Disabilities in the New Millennium," calling on all governments to support a Convention. In 2001, the General Assembly, following

3876-516: The provision of procedural and age-appropriate accommodations , in order to facilitate their effective role as participants, including as witnesses , in all legal proceedings, including at investigative and other preliminary stages. In order to help to ensure effective access to justice for persons with disabilities, states Parties are to promote appropriate training for those working in the administration of justice, including police and prison staff. This Article together with Article 12 are cited by

3944-418: The purpose of the convention: 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 2 provides definitions of some keywords in CRPD provisions: communication , (including Braille , sign language , plain language and nonverbal communication ), discrimination on

4012-473: The right to inclusive education at all levels, regardless of age, without discrimination and on the basis of equal opportunity. It specifies that children with disabilities must have effective access to free and compulsory primary and secondary education ; adults with disabilities have access to general tertiary education , vocational training , adult education and lifelong learning ; and more. Parties are to take appropriate measures, such as: endorsing

4080-619: The right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability." Article 26 of the Convention affirms that "States Parties shall take effective and appropriate measures, including through peer support , to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in

4148-460: The right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities. The Article obligates States Parties to safeguard and promote the realization of the right to work , including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to prohibit discrimination on

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4216-917: The split from Rehabilitation International that had defined the creation of DPI. In 1985 DPI hired three Regional Development Officers for the Latin America region, based in El Salvador, Jamaica, and Argentina. In 1987 the European office was opened in Sweden. By 1989 only the Jamaica officer remained because the Latin America funding had ended, however the same year two new posts were established in Africa, in Zimbabwe (for anglophone countries) and in Mauritius (for francophone countries). In

4284-589: The world. Henry Enns, Canada, was elected chairperson, and Bengt Lindqvist, Sweden, vice-chairperson. Henry Enns managed to obtain a place at the UN Advisory Committee meeting in Vienna , Austria, on 20–29 August 1980 for the UN International Year of Disabled Persons , and through these connections stated to gain United Nations (UN) recognition of DPI and some initial funding. Within a short period DPI

4352-466: Was attended by around 250 disabled delegates plus a larger number of non-disabled delegates. A vote for Rehabilitation International to require a minimum level of membership and control by disabled people, rather than by non-disabled professionals alone, was again defeated. On the evening of Monday 23 June 1980 a "tremendous roar filled the Convention Centre in Winnipeg" as the vote was taken to set up

4420-509: Was inaccessible, so the DPI members were in the main room and used it to lobby the various governments' delegations directly. This moment was seen as a high point in DPI's influence at the UN. The first Congress of DPI took place in Singapore on 30 November – 4 December 1981 with 400 disabled delegates from all regions of the world. The British delegation, including Vic Finkelsein , had been mandated by

4488-501: Was reached. Many government representatives argued that existing human rights documents were sufficient. An International Day of Persons with Disabilities (3 December) was proclaimed in 1992 General Assembly resolution 47/3. The United Nations General Assembly adopted the non-compulsory Standard Rules on the Equalization of Opportunities for Persons with Disabilities on 20 December 1993 (resolution 48/96 annex). Many analysts characterized

4556-754: Was recognised as a legitimate NGO for consultation by the UN through its component organisations such as UNESCO , ECOSOC , the International Labour Organisation (ILO), and in May 1985 with the World Health Organization (WHO). In October 1987 twelve disabled people from DPI attended the UN General Assembly when a report was being considered on the first half of the UN Decade of Disabled Persons 1983–1992 . The upstairs gallery for observers

4624-671: Was the International Year of Disabled Persons ; an outcome of year was the World Programme of Action Concerning Disabled Persons. The Year was followed by the Decade of Disabled Persons, 1983–1992. In 1987, a global meeting of experts to review progress recommended that the UN General Assembly should draft an international convention on the elimination of discrimination against persons with disabilities. Draft convention outlines were proposed by Italy and subsequently Sweden , but no consensus

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