A REFERENCE TOOL: Understanding
the Potential Content and Structure of an International Convention
on the Human Rights of People with Disabilities
Sample treaty provisions drawn from existing international
instruments
The views contained in the report do not necessarily
represent those of the Administration as this and all NCD documents
are not subject to the A-19 Executive Branch review process.
NATIONAL
COUNCIL ON DISABILITY
MEMBERS AND STAFF
MEMBERS
Marca Bristo, Chairperson
Kate Pew Wolters, First Vice Chairperson
Hughey Walker, Second Vice Chairperson
Yerker Andersson, Ph.D.
Dave N. Brown
John D. Kemp
Audrey McCrimon
Gina McDonald
Bonnie O'Day, Ph.D.
Lilliam Rangel-Diaz
Debra Robinson
Ela Yazzie-King
STAFF
Ethel D. Briggs, Executive Director
Jeffrey T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Martin Gould, Ed.D., Senior Research Specialist
Gerrie Drake Hawkins, Ph.D., Program Specialist
Pamela O'Leary, Interpreter
Allan W. Holland, Chief Financial Officer
Brenda Bratton, Executive Assistant
Stacey S. Brown, Staff Assistant
Carla Nelson, Office Automation Clerk
Joan M. Durocher, Esq., Fellow
ACKNOWLEDGMENTS
The National Council on Disability (NCD) wishes to
express its appreciation to Janet E. Lord, legal counsel and coordinator
of Human Rights Programs at Landmine Survivors Network (LSN), who
was commissioned by NCD to conduct research and to author this reference
tool. NCD also recognizes Katherine N. Guernsey, international law
consultant to LSN, for her essential assistance in the research
and drafting of this document. Sue Schafer, consultant to LSN, assisted
with the design and layout.
Joelle Balfe, consultant to NCD, provided substantive
editing and drafting assistance throughout the process. Jeffrey
Rosen, general counsel and policy director at NCD, provided support
and guidance at all stages of the project.
Numerous individuals provided feedback on the manuscript
drafts or parts of it: Zahabia Adamaly, Research Associate, Landmine
Survivors Network; Rosangela Berman-Bieler, President, United States
International Council on Disabilities; William K. Smith, MD, Center
for International Rehabilitation; Steve Estey, Canadian Council
on Disabilities; Arlene Kanter, Professor of Law, Syracuse University;
and Gerard Quinn, Professor of Law, National University of Ireland,
Galway.
TABLE OF CONTENTS
Introduction
Category I. Introductory Paragraphs
A. Preamble
B. Definitions
Category II. Substantive Human Rights
Obligations
A. Non-discrimination
B. Measures to Eliminate Discrimination
C. Action to Guarantee the Exercise and Enjoyment of Rights
D. Stereotyping of Groups
E. Participation
F. Right to Life
G. Torture and Other Ill-treatment
H. Sexual Exploitation and Related Abuses
I. Slavery, Servitude and Forced Labor
J. Survivor Assistance
K. Equality Before the Law
L. Due Process Protections
M. Rights of Peaceful Assembly and Association
N. Freedom of Thought/Opinion and Information
O. Political and Public Life
P. Medical Care/Health/Rehabilitation
Q. Employment/Social Security/Income Maintenance
R. Education
S. Family
T. Culture and Religion
U. Linguistic Minorities
V. Recreation and Sports
W. Nationality/Freedom of Movement
X. Refugees/IDPs
Category III. Institutions
A. Secretariat
B. Monitoring Bodies
C. The Participation of Non-State Actors in International Treaty
Processes
D. Technical Bodies
Category IV. Monitoring Treaty Obligations
and Implementation Techniques
A. Reporting
B. Information Gathering
C. Information Exchange
D. Public Education and Training
E. Communications
Inter-State Complaints
Individual Complaints
Category V. Implementing Provisions
A. Signature
B. Ratification and Accession
C. Reservations, Understandings and Declarations (RUDs)
D. Entry into Force
E. Duration and Withdrawal
F. Amendment
Resources
Annex
Appendix
INTRODUCTION
Many advocates in the international disability
community are familiar with the provisions of their domestic disability
law, and understand the potential of these provisions to help shape
the development of an international convention on the rights of
people with disabilities. However, to prepare for productive participation
in the development of an international treaty, it is essential to
become familiar with some basic structural and substantive elements
common to most international human rights treaties. Such knowledge
will be useful both for those drafting treaty text and for those
providing comments and suggestions to the drafters.
Knowledge of the standard categories of international
law provisions will help participants address issues related to
the structure of a draft treaty. Familiarity with how specific human
rights principles have been addressed in other treaty contexts will
be critical as drafters and commenter seek to articulate the substantive
application of such principles in the context of the rights of people
with disabilities. The purpose of this reference tool, therefore,
is to outline the five general categories of provisions in a human
rights treaty, and then to examine the specific types of provisions
that are often contained in each particular category and how they
have been approached in other texts. To achieve this, sample provisions
have been chosen from existing human rights treaties and other relevant
documents and included under the appropriate categories, which include
(i) introductory paragraphs; (ii) substantive obligations; (iii)
institutions; (iv) implementation techniques; and (v) implementing
provisions. Each example is preceded by a short commentary that
suggests how the particular provision might apply in the context
of disability (such as "Equality before the Law" and "Stereotyping
of Groups") or simply how it is relevant to any convention (such
as "Information Exchange", "Signature" and "Ratification").
Understanding how concepts have been handled in other
treaties is the first step in successfully clarifying their application
in the context of disability. However, in any convention development
process, topics will arise that have never before been covered in
an international treaty. For example, there are no provisions in
existing treaties that clearly address the over-arching theme of
"accessibility" as it is understood in the context of disability.
This represents an opportunity for the disability community to break
ground by elucidating an application of human rights principles
that has yet to be addressed in international law. In acknowledgement
of the fact that there will be brand new elements in the disability
convention, this reference tool does not claim to be exhaustive.
It simply cannot provide examples of potential elements that do
not exist elsewhere in international law. Nonetheless, this tool
can serve as one resource in the important process of examining
the precedents to an international convention on the rights of people
with disabilities. All resources should be consulted to find the
best starting points for developing a comprehensive human rights
framework for people with disabilities and to ensure that new provisions
do not serve to undermine or confuse existing protections. onvention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, G.A.
CATEGORY
I. INTRODUCTORY PARAGRAPHS A. Preamble
The preamble of a treaty is the introductory section
that precedes the operative sections. In any international treaty,
the preambular paragraphs provide useful historical context and
the rationale for introducing a new instrument into the body of
international law. The preamble of a treaty is not an operative
part of a treaty, and is therefore not binding. However, the preamble
serves the important purpose of establishing the object and purpose
of a treaty and will often explain its relationship to prior developments
in international law.
In the case of a treaty on the rights of people with
disabilities, the preamble would likely reference existing binding
and non-binding human rights documents relevant to the disability
community and provide some statement regarding the need for further
protections. In addition, the preamble might also link the concept
of promoting the human rights of people with disabilities with other
objectives, such as the pursuit of economic security and political
stability.
Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39
U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered
into force June 26, 1987
The States Parties to this Convention,
Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations, recognition of
the equal and inalienable rights of all members of the human family
is the foundation of freedom, justice and peace in the world,
Recognizing that those rights derive from the inherent
dignity of the human person, Considering the obligation of States
under the Charter, in particular Article 55, to promote universal
respect for, and observance of, human rights and fundamental freedoms,
Having regard to article 5 of the Universal Declaration of Human
Rights and article 7 of the International Covenant on Civil and
Political Rights, both of which provide that no one shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on the Protection
of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, adopted by the General
Assembly on 9 December 1975,
Desiring to make more effective the struggle against
torture and other cruel, inhuman or degrading treatment or punishment
throughout the world,
Have agreed as follows:
B. Definitions
Many human rights treaties precede the substantive
obligations with a definitions section. Such a section may define
how individual terms are to be interpreted or, as is often the case
with human rights treaties targeting specific populations, the section
may define the group(s) of people to whom the treaty applies. The
inclusion of definitions clarifies how terms are to be used, aiding
in the interpretation and implementation of the treaty as a whole.
Given that "disability" has been defined in many different ways
by many different sources, it is likely that a human rights treaty
for people with disabilities would begin by defining what is meant
by "disability" in the context of the treaty. It will be essential
for people with disabilities and their representative organizations
to be fully involved in the development of any provisions purporting
to define "disability."
Convention concerning Indigenous and Tribal Peoples
in Independent Countries (ILO No. 169), 72 ILO Official Bull. 59,
entered into force Sept. 5, 1991
Article 1
1. This Convention applies to:
(a) Tribal peoples in independent countries whose
social, cultural and economic conditions distinguish them from other
sections of the national community, and whose status is regulated
wholly or partially by their own customs or traditions or by special
laws or regulations;
(b) Peoples in independent countries who are regarded
as indigenous on account of their descent from the populations which
inhabited the country, or a geographical region to which the country
belongs, at the time of conquest or colonisation or the establishment
of present State boundaries and who, irrespective of their legal
status, retain some or all of their own social, economic, cultural
and political institutions.
2. Self-identification as indigenous or tribal shall
be regarded as a fundamental criterion for determining the groups
to which the provisions of this Convention apply.
3. The use of the term "peoples" in this Convention
shall not be construed as having any implications as regards the
rights which may attach to the term under international law.
Convention on the Prevention and Punishment of the
Crime of Genocide, 78 U.N.T.S. 277, entered into force Jan. 12,
1951
Article 2
In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members
of the group;
(c) Deliberately inflicting on the group conditions
of life calculated to bring about its physical destruction in whole
or in part;
(d) Imposing measures intended to prevent births within
the group;
(e) Forcibly transferring children of the group to
another group.
International Convention on the Elimination of All
Forms of Racial Discrimination, 660 U.N.T.S. 195, entered into force
Jan. 4, 1969
Article I
1. In this Convention, the term "racial discrimination"
shall mean any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin which
has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural
or any other field of public life.
2. This Convention shall not apply to distinctions,
exclusions, restrictions or preferences made by a State Party to
this Convention between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as
affecting in any way the legal provisions of States Parties concerning
nationality, citizenship or naturalization, provided that such provisions
do not discriminate against any particular nationality.
4. Special measures taken for the sole purpose of
securing adequate advancement of certain racial or ethnic groups
or individuals requiring such protection as may be necessary in
order to ensure such groups or individuals equal enjoyment or exercise
of human rights and fundamental freedoms shall not be deemed racial
discrimination, provided, however, that such measures do not, as
a consequence, lead to the maintenance of separate rights for different
racial groups and that they shall not be continued after the objectives
for which they were taken have been achieved.
CATEGORY
II. SUBSTANTIVE HUMAN RIGHTS OBLIGATIONS This
section provides an overview of the types of relevant substantive
obligations that appear in certain international human rights or
other treaties. Substantive obligations represent the core of any
convention and define the content and application of the human rights,
which States Parties to the treaty undertake to respect and protect.
Each section below introduces a type of provision, with an explanation
in basic terms of the role of that type of provision and its potential
relevance for people with disabilities. This is followed by one
or more examples from existing international treaties of the type
of provision in question. While it is clear that a treaty on the
human rights of people with disabilities may not contain the complete
range of provisions included below, and may (and should) indeed
contain innovative provisions not represented in existing treaties,
the provisions included here should serve as a useful reference
as deliberations progress regarding what must be included in a new
convention and how best to articulate both new and existing concepts
within it. Furthermore, an understanding of existing substantive
obligations is essential in order to make certain that a new treaty
does not undercut human rights law.
A. Non-discrimination
Nearly all of the major international human rights
treaties contain non-discrimination clauses - provisions that prohibit
discrimination against an individual in securing or respecting their
exercise and enjoyment of universal human rights. This reflects
the understanding that a high proportion of human rights violations
against individuals occur on the basis that individuals differ in
some respect from a given societal norm and are discriminated against
on that ground. Discrimination implies an act or conduct that denies
to certain individuals equality of treatment with others because
they belong to a particular group in society. People with physical,
mental and sensory disabilities frequently face discrimination based
on their disability. In addition, membership in yet another group
subject to discrimination often results in compounded discrimination.
Thus, women living in poverty who also have a disability are among
the most marginalized groups in society and frequently suffer multiple
forms of discrimination. In many instances the media acts to further
discrimination by drawing on stereotypes and portraying people with
disabilities, or disability issues, in a negative light.
Apart from the general non-discrimination provisions
appearing in the main international human rights treaties, three
thematic treaties play an important role in addressing discrimination
of particular groups and may be of particular interest for those
participating in the development of an international convention
on the rights of people with disabilities. These three thematic
treaties are: (i) the Convention for the Elimination of All Forms
of Discrimination against Women; (ii) the Convention for the Elimination
of all Forms of Racial Discrimination; (iii) and the Convention
on the Rights of the Child. In addition, the Inter-American Convention
on the Elimination of All Forms of Discrimination against Persons
with Disabilities addresses discrimination. It should be noted that
as well as serving as a stand-alone provision in a human rights
treaty for people with disabilities, a non-discrimination clause
would also constitute a fundamental underlying principle for the
other substantive obligations. Two sample non-discrimination clauses
are provided below.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 1
For the purposes of the present Convention, the term
"discrimination against women" shall mean any distinction, exclusion
or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis
of equality of men and women, of human rights and fundamental freedoms
in the political, economic, social, cultural, civil or any other
field.
American Convention on Human Rights, O.A.S.Treaty
Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)
Article 1 Obligation to Respect Rights
1. The States Parties to this Convention undertake
to respect the rights and freedoms recognized herein and to ensure
to all persons subject to their jurisdiction the free and full exercise
of those rights and freedoms, without any discrimination for reasons
of race, color, sex, language, religion, political or other opinion,
national or social origin, economic status, birth, or any other
social condition.
2. For the purposes of this Convention, "person" means
every human being.
B. Measures to Eliminate Discrimination
Discrimination against individuals can take many forms,
and come from many sources beyond State actors or officials acting
under color of State authority. Some human rights treaties specify
the steps that States Parties must take to ensure that discrimination
is removed from all levels of society. These steps may include the
obligation not to support (directly or indirectly) those who practice
discrimination; the removal of legislation that is discriminatory
on its face or in its application; and the implementation of legislation
prohibiting the discriminatory practices of public and private actors.
As indicated in other sections of this reference tool, such measures
are often bolstered by provisions that seek to educate and raise
public awareness of the human rights issues addressed in the treaty.
International Convention on the Elimination of All
Forms of Racial Discrimination, 660 U.N.T.S. 195, entered into force
Jan. 4, 1969
Article 2
1. States Parties condemn racial discrimination and
undertake to pursue by all appropriate means and without delay a
policy of eliminating racial discrimination in all its forms and
promoting understanding among all races, and, to this end: (a) Each
State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions
and to en sure that all public authorities and public institutions,
national and local, shall act in conformity with this obligation;
(b) Each State Party undertakes not to sponsor, defend
or support racial discrimination by any persons or organizations;
(c) Each State Party shall take effective measures
to review governmental, national and local policies, and to amend,
rescind or nullify any laws and regulations which have the effect
of creating or perpetuating racial discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to an
end, by all appropriate means, including legislation as required
by circumstances, racial discrimination by any persons, group or
organization;
(e) Each State Party undertakes to encourage, where
appropriate, integrationist multiracial organizations and movements
and other means of eliminating barriers between races, and to discourage
anything that tends to strengthen racial division.
2. States Parties shall, when the circumstances so
warrant, take, in the social, economic, cultural and other fields,
special and concrete measures to ensure the adequate development
and protection of certain racial groups or individuals belonging
to them, for the purpose of guaranteeing them the full and equal
enjoyment of human rights and fundamental freedoms. These measures
shall in no case entail as a consequence the maintenance of unequal
or separate rights for different racial groups after the objectives
for which they were taken have been achieved.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 2
States Parties condemn discrimination against women
in all its forms, agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women and,
to this end, undertake:
(a) To embody the principle of the equality of men
and women in their national constitutions or other appropriate legislation
if not yet incorporated therein and to ensure, through law and other
appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all discrimination
against women;
(c) To establish legal protection of the rights of
women on an equal basis with men and to ensure through competent
national tribunals and other public institutions the effective protection
of women against any act of discrimination;
(d) To refrain from engaging in any act or practice
of discrimination against women and to ensure that public authorities
and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate
discrimination against women by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation,
to modify or abolish existing laws, regulations, customs and practices
that constitute discrimination against women;
(g) To repeal all national penal provisions which
constitute discrimination against women.
C. Action to Guarantee the Exercise and Enjoyment
of Rights
Some treaties contain provisions outlining positive
obligations (i.e. obligations where States Parties are called to
take specific action, rather than merely refraining from engaging
in a prohibited act). Because treaties cannot, for obvious reasons,
include an exhaustive list of all actions a State must take, some
treaties also include a clause asserting that States must undertake
any and all actions necessary to give effect to the exercise and
enjoyment of the human rights outlined in the treaty. A provision
such as this can be useful in cases where, for example, to achieve
a particular standard in a particular country, more extensive action
is required than is specified in the positive obligation(s) in the
treaty. Furthermore, such provisions underscore the level and scope
of States' responsibility to actively pursue all standards set by
the treaty. For the most part these types of provisions (including
the ones below) tend to be quite general, and their effectiveness
is somewhat limited. In the implementation of an international human
rights treaty for people with disabilities, such a provision could
be used to ensure that States Parties understand their obligation
to give effect to the treaty obligations in many spheres such as
political, cultural, and economic areas of society.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 3
States Parties shall take in all fields, in particular
in the political, social, economic and cultural fields, all appropriate
measures, including legislation, to ensure the full development
and advancement of women, for the purpose of guaranteeing them the
exercise and enjoyment of human rights and fundamental freedoms
on a basis of equality with men.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 2
...
2. Where not already provided for by existing legislative
or other measures, each State Party to the present Covenant undertakes
to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt
such legislative or other measures as may be necessary to give effect
to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;
(b) To ensure that any person claiming such a remedy
shall have his right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the
possibilities of judicial remedy;
(c) To ensure that the competent authorities shall
enforce such remedies when granted.
D. Stereotyping of Groups
Human rights treaties addressing specific forms of
discrimination frequently include provisions which acknowledge the
barriers faced in society by marginalized groups. Thus it is recognized
that the process of stereotyping fuels both the development and
application of discriminatory practices. Indeed, stereotyping of
people with disabilities - a pervasive practice throughout the world
- frequently leads to inaccurate assumptions that form the basis
of societal prejudices, stigma and discrimination. Because of the
close nexus between the practices of stereotyping and discrimination,
human rights treaties that seek to prevent discrimination will often
include provisions aimed at preventing cultural stereotyping of
the group or groups that are the focus of the treaty.
(See Annex (I) for example from the UN Standard Rules
on the Equalization of Opportunities for People With Disabilities.)
International Convention on the Elimination of All
Forms of Racial Discrimination, 660 U.N.T.S. 195, entered into force
Jan. 4, 1969
Article 7
States Parties undertake to adopt immediate and effective
measures, particularly in the fields of teaching, education, culture
and information, with a view to combating prejudices which lead
to racial discrimination and to promoting understanding, tolerance
and friendship among nations and racial or ethnical groups, as well
as to propagating the purposes and principles of the Charter of
the United Nations, the Universal Declaration of Human Rights, the
United Nations Declaration on the Elimination of All Forms of Racial
Discrimination, and this Convention.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of
conduct of men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the
sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper
understanding of maternity as a social function and the recognition
of the common responsibility of men and women in the upbringing
and development of their children, it being understood that the
interest of the children is the primordial consideration in all
cases.
E. Participation
International law increasingly recognizes the right
of participation in decision- making for those whose interests are
affected. This right of participation is reflected in specific treaty
provisions separately from traditional due process provisions that
provide for participation in specific settings, such as trial settings.
People with disabilities have universally and persistently been
denied the right to participate in decisions that affect their lives.
Traditional perceptual models of disability have characterized people
with disabilities as passive and dependent, which has encouraged
the view that they have no role to play in decision-making even
on issues that impact their lives. It is therefore crucial that
people with disabilities take an active role in the development
and implementation of any substantive human rights obligations that
pertain to them, as well as the formation and functioning of any
treaty monitoring bodies.
(See Annex (II) for example from the UN Standard Rules
on the Equalization of Opportunities for People With Disabilities.)
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981 Article
8
States Parties shall take all appropriate measures
to ensure to women, on equal terms with men and without any discrimination,
the opportunity to represent their Governments at the international
level and to participate in the work of international organizations.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 12
1. States Parties shall assure to the child who is
capable of forming his or her own views the right to express those
views freely in all matters affecting the child, the views of the
child being given due weight in accordance with the age and maturity
of the child.
2. For this purpose, the child shall in particular
be provided the opportunity to be heard in any judicial and administrative
proceedings affecting the child, either directly, or through a representative
or an appropriate body, in a manner consistent with the procedural
rules of national law.
Convention concerning Indigenous and Tribal Peoples
in Independent Countries (ILO No. 169), 72 ILO Official Bull. 59,
entered into force Sept. 5, 1991
Article 6
1. In applying the provisions of this Convention,
Governments shall: (a) Consult the peoples concerned, through appropriate
procedures and in particular through their representative institutions,
whenever consideration is being given to legislative or administrative
measures which may affect them directly;
(b) Establish means by which these peoples can freely
participate, to at least the same extent as other sectors of the
population, at all levels of decision-making in elective institutions
and administrative and other bodies responsible for policies and
programmes which concern them;
(c) Establish means for the full development of these
peoples' own institutions and initiatives, and in appropriate cases
provide the resources necessary for this purpose.
2. The consultations carried out in application of
this Convention shall be undertaken, in good faith and in a form
appropriate to the circumstances, with the objective of achieving
agreement or consent to the proposed measures.
Article 7
1. The peoples concerned shall have the right to decide
their own priorities for the process of development as it affects
their lives, beliefs, institutions and spiritual well-being and
the lands they occupy or otherwise use, and to exercise control,
to the extent possible, over their own economic, social and cultural
development. In addition, they shall participate in the formulation,
implementation and evaluation of plans and programmes for national
and regional development which may affect them directly...
F. Right to Life
The right to life is the most fundamental of human
rights protecting human existence and the integrity of the person
and is a standard provision in the main international human rights
documents. The right to life under international human rights law
has numerous links to disability. For example, the right to life
is implicated in the context of the practice of euthanasia, which
in many instances takes the form of withholding life-saving treatment
to a newborn child with physical and/or mental disabilities. Many
disability organizations have invoked the right to life challenge
where children or adults with disabilities have died at the hands
of medical practitioners or caregivers who have decided that their
lives were 'not worth living'. In other cases, disability organizations
have invoked the right to oppose physician-assisted suicide and
related legislative initiatives.
The right to life is therefore a core right relied
upon frequently by disability organizations in their advocacy. In
developing countries, the mortality rate of children with disabilities
is frequently higher than non-disabled children because children
with disabilities may not receive adequate care. These, and many
other issues of relevance to people with disabilities, are not adequately
addressed in existing international law.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 6
1. Every human being has the inherent right to life.
This right shall be protected by law. No one shall be arbitrarily
deprived of his life.
2. In countries which have not abolished the death
penalty, sentence of death may be imposed only for the most serious
crimes in accordance with the law in force at the time of the commission
of the crime and not contrary to the provisions of the present Covenant
and to the Convention on the Prevention and Punishment of the Crime
of Genocide. This penalty can only be carried out pursuant to a
final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime
of genocide, it is understood that nothing in this article shall
authorize any State Party to the present Covenant to derogate in
any way from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right
to seek pardon or commutation of the sentence. Amnesty, pardon or
commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes
committed by persons below eighteen years of age and shall not be
carried out on pregnant women.
6. Nothing in this article shall be invoked to delay
or to prevent the abolition of capital punishment by any State Party
to the present Covenant.
G. Torture and Other Ill-treatment
Major human rights treaties recognize the right to
be free from torture andother cruel, inhuman or degrading treatment
and punishment, a principle that is, in any event, a rule of international
customary law. A specialized international human rights treaty,
the Convention against Torture, provides more detailed standards
for the effective prohibition against torture and other ill treatment,
including guarantees of survivor assistance and legal redress for
those who have experienced torture or other forms of cruel, inhuman
or degrading treatment. Existing law does not adequately address
common abuses against people with disabilities that amount to torture
or other ill treatment.
People with disabilities are particularly vulnerable
to torture and other forms of inhuman or degrading treatment and
violations against them may go unnoticed given their frequent occurrence
in institutionalized settings or other places which are isolated
and shielded from scrutiny. Significantly, the UN Human Rights Committee,
which monitors the implementation of the Covenant on Civil and Political
Rights, has recognized that States have a clear responsibility for
human rights violations that occur in private institutions for people
with disabilities. In addition, the Committee has stated that disabled
people who are not considered capable of giving valid consent are
entitled to special protection. Article 7 of the Covenant on Civil
and Political Rights prohibits medical or scientific experimentation
in the absence of free consent, a matter of significance given that
medical procedures and research on disabled persons frequently occur
without free and informed consent. The Principles for the Protection
of Persons with Mental Illness (MI Principles), adopted by the UN
General Assembly in 1991, provide detailed guidance for the interpretation
of Article 7, insofar as people with disabilities who are in institutions
are concerned. It should be noted that many psychiatric survivor
groups are strongly opposed to the MI Principles, on the basis that
they reflect a regressive medical model perspective instead of rights-based
principles. There is a push among these groups and others for a
comprehensive review of all standards pertaining to psychiatric
treatment. A treaty process provides just such an opportunity.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 7
No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. In particular, no
one shall be subjected without his free consent to medical or scientific
experimentation.
Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39
U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered
into force June 26, 1987
Article 2
1. Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent acts of torture
in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political instability
or any other public emergency, may be invoked as a justification
of torture.
3. An order from a superior officer or a public authority
may not be invoked as a justification of torture.
Article 14
1. Each State Party shall ensure in its legal system
that the victim of an act of torture obtains redress and has an
enforceable right to fair and adequate compensation, including the
means for as full rehabilitation as possible. In the event of the
death of the victim as a result of an act of torture, his dependents
shall be entitled to compensation.
2. Nothing in this article shall affect any right
of the victim or other persons to compensation which may exist under
national law.
H. Sexual Exploitation and Related Abuses
Sexual abuse, sexual exploitation, and domestic abuse
are all forms of abuse to which people with disabilities can be
particularly vulnerable, despite the fact that existing human rights
provisions provide the right to be free from such abuse. Institutional
and other settings frequently expose people with disabilities to
abusive individuals, at the same time as leaving the abused individuals
with no adequate means of redress to halt the abuse or bring abusers
to justice. The likelihood of abuse is even greater for those who
may not be in a position to fully recognize some subtler forms of
emotional or psychological abuse due to the nature of their disability
(e.g., developmental or intellectual disabilities).
(See Annex (III) for example from the UN Standard
Rules on the Equalization of Opportunities for People With Disabilities.)
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 34
States Parties undertake to protect the child from
all forms of sexual exploitation and sexual abuse. For these purposes,
States Parties shall in particular take all appropriate national,
bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage
in any unlawful sexual activity;
(b) The exploitative use of children in prostitution
or other unlawful sexual practices;
(c) The exploitative use of children in pornographic
performances and materials.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 6
States Parties shall take all appropriate measures,
including legislation, to suppress all forms of traffic in women
and exploitation of prostitution of women.
I. Slavery, Servitude and Forced Labor
Freedom from slavery was among the first human rights
to become a subject matter of international law and the prohibition
against slavery and related practices is a standard provision in
the general international human rights treaties. The provisions
concerning slavery generally cover four different practices, namely,
slavery, the slave trade, servitude and forced (or compulsory) labor.
Contemporary forms of slavery and servitude have tended to focus
on trafficking in women and children, as well as human organ trafficking,
and international human rights law continues to develop in this
sphere. A UN Working Group on Contemporary Forms of Slavery addresses
these issues and has recognized that disabled people are subjected
to these practices. People with disabilities, and, in particular,
people with intellectual disabilities, are at risk for a variety
of exploitative labor practices, many in unregulated settings or
in "sheltered workshops," some of which may rise to the level of
prohibited practices under the slavery, servitude and forced labor
rules of international human rights law. Organizations of women
with disabilities have exposed the bondage-like treatment of women
with mental disabilities who are married to men interested in having
a dependent wife to control.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 8
1. No one shall be held in slavery; slavery and the
slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced
or compulsory labour;
(b) Paragraph 3 (a) shall not be held to preclude,
in countries where imprisonment with hard labour may be imposed
as a punishment for a crime, the performance of hard labour in pursuance
of a sentence to such punishment by a competent court;
(c) For the purpose of this paragraph the term "forced
or compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph
(b), normally required of a person who is under detention in consequence
of a lawful order of a court, or of a person during conditional
release from such detention;
(ii) Any service of a military character and, in countries
where conscientious objection is recognized, any national service
required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or
calamity threatening the life or well-being of the community;
(iv) Any work or service which forms part of normal
civil obligations.
American Convention on Human Rights, O.A.S. Treaty
Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc. 6 rev. 1 at 25 (1992)
Article 6 Freedom from Slavery
1. No one shall be subject to slavery or to involuntary
servitude, which are prohibited in all their forms, as are the slave
trade and traffic in women.
2. No one shall be required to perform forced or compulsory
labor. This provision shall not be interpreted to mean that, in
those countries in which the penalty established for certain crimes
is deprivation of liberty at forced labor, the carrying out of such
a sentence imposed by a competent court is prohibited. Forced labor
shall not adversely affect the dignity or the physical or intellectual
capacity of the prisoner.
3. For the purposes of this article, the following
do not constitute forced or compulsory labor:
(a) work or service normally required of a person
imprisoned in execution of a sentence or formal decision passed
by the competent judicial authority. Such work or service shall
be carried out under the supervision and control of public authorities,
and any persons performing such work or service shall not be placed
at the disposal of any private party, company, or juridical person;
(b) military service and, in countries in which conscientious
objectors are recognized, national service that the law may provide
for in lieu of military service;
(c) service exacted in time of danger or calamity
that threatens the existence or the well-being of the community;
or
(d) work or service that forms part of normal civic
obligations.
J. Survivor Assistance
Some international law treaties recognize the rights
of trauma survivors and survivors of various human rights abuses
to certain protections. For example, the Rights of the Child Convention
recognizes the rights of children to receive treatment if they have
been subjected to maltreatment and to seek judicial intervention
where necessary. The Mine Ban Treaty contains obligations for States
Parties to provide assistance to victims by providing medical care
and rehabilitation, as well as ensuring the social and economic
reintegration of landmine survivors. While survivor rights in particular
contexts represent a new and emerging area of international human
rights law, some awareness of these provisions is important as they
may inform the development of an international convention on the
human rights of people with disabilities. Such obligations may become
particularly relevant if an international convention addresses the
rights of those who have, for example, suffered human rights abuses
during institutional confinement.
Convention on the prohibition of the use, stockpiling,
production and transfer of antipersonnel mines and on their destruction,
adopted at Oslo, Norway on September 18, 1997, entered into force
Mar. 1, 1999
Article 6(3) International cooperation and assistance
3. Each State Party in a position to do so shall provide
assistance for the care and rehabilitation, and social and economic
reintegration, of mine victims and for mine awareness programs.
Such assistance may be provided, inter alia, through the United
Nations system, international, regional or national organizations
or institutions, the International Committee of the Red Cross, national
Red Cross and Red Crescent societies and their International Federation,
non-governmental organizations, or on a bilateral basis.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 19
States Parties shall take all appropriate legislative,
administrative, social and educational measures to protect the child
from all forms of physical or mental violence, injury or abuse,
neglect or negligent treatment, maltreatment or exploitation, including
sexual abuse, while in the care of parent(s), legal guardian(s)
or any other person who has the care of the child.
2. Such protective measures should, as appropriate,
include effective procedures for the establishment of social programmes
to provide necessary support for the child and for those who have
the care of the child, as well as for other forms of prevention
and for identification, reporting, referral, investigation, treatment
and follow-up of instances of child maltreatment described heretofore,
and, as appropriate, for judicial involvement.
Article 39
States Parties shall take all appropriate measures
to promote physical and psychological recovery and social reintegration
of a child victim of: any form of neglect, exploitation, or abuse;
torture or any other form of cruel, inhuman or degrading treatment
or punishment; or armed conflicts. Such recovery and reintegration
shall take place in an environment which fosters the health, self-respect
and dignity of the child.
Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39
U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered
into force June 26, 1987
Article 14
1. Each State Party shall ensure in its legal system
that the victim of an act of torture obtains redress and has an
enforceable right to fair and adequate compensation, including the
means for as full rehabilitation as possible. In the event of the
death of the victim as a result of an act of torture, his dependents
shall be entitled to compensation.
2. Nothing in this article shall affect any right
of the victim or other persons to compensation which may exist under
national law.
K. Equality Before the Law
The three related concepts of equality before the
law, equal protection of the law and protection from discrimination
appear in the main international human rights treaties. Essentially,
these three concepts provide that all people are entitled to equality
of access to the courts, equality of application of the law, and
freedom from discrimination under the law. For people with disabilities,
full enjoyment of the right to equality before the law is frequently
hampered by discrimination in application of the law, denial of
competent counsel, as well as the failure to make necessary accommodations
so that people with disabilities are able to access the courts and/or
participate fully in judicial proceedings. Such accommodations may
include the use of Braille documents, sign language interpreters,
documents in plain language (for those with cognitive disabilities)
or the guarantee of physical access to the courts.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 14
1. All persons shall be equal before the courts and
tribunals. In the determination of any criminal charge against him,
or of his rights and obligations in a suit at law, everyone shall
be entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law. The press and the public
may be excluded from all or part of a trial for reasons of morals,
public order (ordre public) or national security in a democratic
society, or when the interest of the private lives of the parties
so requires, or to the extent strictly necessary in the opinion
of the court in special circumstances where publicity would prejudice
the interests of justice; but any judgement rendered in a criminal
case or in a suit at law shall be made public except where the interest
of juvenile persons otherwise requires or the proceedings concern
matrimonial disputes or the guardianship of children.
Article 26
All persons are equal before the law and are entitled
without any discrimination to the equal protection of the law. In
this respect, the law shall prohibit any discrimination and guarantee
to all persons equal and effective protection against discrimination
on any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or
other status.
American Convention on Human Rights, O.A.S. Treaty
Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)
Article 24 Right to Equal Protection All persons are
equal before the law. Consequently, they are entitled, without discrimination,
to equal protection of the law.
L. Due Process Protections
All people who are subjected to restrictions upon
their liberty in the form of detention or arrest are entitled to
certain minimum protections designed to ensure that the reasons
for - and nature of - their detention or arrest are lawful. Such
protections include timely access to a court to determine the lawfulness
of their detention or arrest and compensation in the event that
the detention or arrest is found to be unlawful. Due process protections
are not only relevant to people with disabilities who find themselves
subject to the criminal justice system, but they are particularly
relevant to those people with disabilities who are subjected to
involuntary institutional committals, which many consider in all
cases, due process notwithstanding, to be an abuse of human rights.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 9
1. Everyone has the right to liberty and security
of person. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and
in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the
time of arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him.
3. Anyone arrested or detained on a criminal charge
shall be brought promptly before a judge or other officer authorized
by law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release. It shall not be the general
rule that persons awaiting trial shall be detained in custody, but
release may be subject to guarantees to appear for trial, at any
other stage of the judicial proceedings, and, should occasion arise,
for execution of the judgement.
4. Anyone who is deprived of his liberty by arrest
or detention shall be entitled to take proceedings before a court,
in order that that court may decide without delay on the lawfulness
of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest
or detention shall have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity
of the human person.
2.(a) Accused persons shall, save in exceptional circumstances,
be segregated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from
adults and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment
of prisoners the essential aim of which shall be their reformation
and social rehabilitation. Juvenile offenders shall be segregated
from adults and be accorded treatment appropriate to their age and
legal status.
Article 11
No one shall be imprisoned merely on the ground of
inability to fulfill a contractual obligation.
M. Rights of Peaceful Assembly and Association
The provisions that address the right of peaceful
assembly and the right of association guarantee the rights of individuals
to meet together publicly and in private and to organize themselves
into associations of individuals with a common interest in the political,
social, cultural, religious, sporting, and other realms. These rights
are not unrestricted and governments may place legal restrictions
on the exercise of these rights, but only insofar as the restrictions
are necessary to preserve such interests as national security, public
safety, health, or the freedom of others. In many respects, the
rights of peaceful assembly and association form the bedrock of
all civil and political rights. In their absence, it would be exceedingly
difficult for individuals denied the rights of peaceful assembly
and association to fully realize their other civil and political
rights. For people with disabilities, the enjoyment of these rights
is often hindered by inadequate accessibility to the venues of meetings,
or to the information distributed.
Given that exclusion from community is a pervasive
feature of disability discrimination, the rights of peaceful assembly
and association - and the conditions that make such rights realizable
for people with disabilities - are fundamental in the disability
context.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 21
The right of peaceful assembly shall be recognized.
No restrictions may be placed on the exercise of this right other
than those imposed in conformity with the law and which are necessary
in a democratic society in the interests of national security or
public safety, public order (ordre public), the protection of public
health or morals or the protection of the rights and freedoms of
others.
(European) Convention for the Protection of Human
Rights and Fundamental Freedoms, 213 U.N.T.S. 222, entered into
force Sept. 3, 1953, as amended by Protocols Nos 3, 5, 8, and 11,
entered into force Sept. 21, 1970, 20 December 1971, 1 January 1990,
and 1 November 1998, respectively
Article 11 Freedom of assembly and association 1.
Everyone has the right to freedom of peaceful assembly and to freedom
of association with others, including the right to form and to join
trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise
of these rights other than such as are prescribed by law and are
necessary in a democratic society in the interests of national security
or public safety, for the prevention of disorder or crime, for the
protection of health or morals or for the protection of the rights
and freedoms of others. This article shall not prevent the imposition
of lawful restrictions on the exercise of these rights by members
of the armed forces, of the police or of the administration of the
State.
N. Freedom of Thought/Opinion and Information
All human beings are entitled to freedom of thought
and opinion, even if the exercise of the idea in question would
itself be illegal or otherwise in conflict with the ideas of others.
In other words, this right recognizes the sanctity of the human
mind to freely investigate, question and develop any idea. The right
to information guarantees not only the right to exchange information
with others and give expression to the ideas formed, but also the
right to receive information so that ideas may be developed. Although
some provisions place no restrictions on these rights, others stress
that the rights also come with duties and responsibilities, and
thus permit restrictions in the interest of preserving the rights
or reputations of others, or preserving national security and public
health or morals. While some provisions permit prior censorship
in the furtherance of these interests, others stress the use of
a system of liability for use when these interests are harmed by
the exchange of information.
Access to information is essential if a person is
to be able to develop as an individual and participate fully in
society. In the context of disability, however, access to information
is yet another right frequently restricted in its application by
inadequate consideration of the issue of accessibility. Many people
with disabilities require assistive technologies or alternative
formats (such as Braille or sign language) to enable them to access
needed information. Similarly, the denial of such services and/or
materials can severely hamper the ability of people with disabilities
to fully communicate the ideas that they wish to express.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 19
1. Everyone shall have the right to hold opinions
without interference.
2. Everyone shall have the right to freedom of expression;
this right shall include freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through any other
media of his choice.
3. The exercise of the rights provided for in paragraph
2 of this article carries with it special duties and responsibilities.
It may therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of
public order (ordre public), or of public health or morals.
American Convention on Human Rights, O.A.S. Treaty
Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)
Article 13 Freedom of Thought and Expression 1. Everyone
has the right to freedom of thought and expression. This right includes
freedom to seek, receive, and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing, in print,
in the form of art, or through any other medium of one's choice.
2. The exercise of the right provided for in the foregoing
paragraph shall not be subject to prior censorship but shall be
subject to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure:
(a) respect for the rights or reputations of others;
or
(b) the protection of national security, public order,
or public health or morals.
3. The right of expression may not be restricted by
indirect methods or means, such as the abuse of government or private
controls over newsprint, radio broadcasting frequencies, or equipment
used in the dissemination of information, or by any other means
tending to impede the communication and circulation of ideas and
opinions.
4. Notwithstanding the provisions of paragraph 2 above,
public entertainments may be subject by law to prior censorship
for the sole purpose of regulating access to them for the moral
protection of childhood and adolescence.
5. Any propaganda for war and any advocacy of national,
racial, or religious hatred that constitute incitements to lawless
violence or to any other similar action against any person or group
of persons on any grounds including those of race, color, religion,
language, or national origin shall be considered as offenses punishable
by law.
O. Political and Public Life
Political and public life refers to the rights of
people to participate in the governing of their country through
elections, political activities, and the holding of public office.
Although these rights may frequently be restricted to those who
are citizens and who do not have a criminal record, in practice
people with disabilities often face many more restrictions. People
with disabilities often have no opportunity to exercise their rights
in connection political activities. For example, inaccessible voting
booths prevent many people with disabilities from participating
in elections, and for those who are able to vote, inappropriate
efforts to improve accessibility frequently violate the disabled
voter's right to privacy and a secret ballot. In addition, legislation
governing who has the right to vote often disenfranchises those
who have mental disabilities, even when the disability does not
in fact hinder an individual's ability to make an informed decision.
Societal discrimination also prohibits many people with disabilities
from holding public office, again limiting the ability of people
with disabilities to take an active role in the governing of the
societies in which they live.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 25
Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2 and without
unreasonable restrictions:
(a) To take part in the conduct of public affairs,
directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal suffrage and shall
be held by secret ballot, guaranteeing the free expression of the
will of the electors;
(c) To have access, on general terms of equality,
to public service in his country.
American Convention on Human Rights, O.A.S. Treaty
Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)
Article 23 Right to Participate in Government
1. Every citizen shall enjoy the following rights
and opportunities:
(a) to take part in the conduct of public affairs,
directly or through freely chosen representatives;
(b) to vote and to be elected in genuine periodic
elections, which shall be by universal and equal suffrage and by
secret ballot that guarantees the free expression of the will of
the voters; and
(c) to have access, under general conditions of equality,
to the public service of his country.
2. The law may regulate the exercise of the rights
and opportunities referred to in the preceding paragraph only on
the basis of age, nationality, residence, language, education, civil
and mental capacity, or sentencing by a competent court in criminal
proceedings.
P. Medical Care/Health/Rehabilitation
While health-related human rights provisions do not
guarantee the right of people to health, they do recognize the right
of all to access to health care, so that people may attain the highest
level of health of which they themselves are capable. Although restrictions
can be placed on this right, recognizing the limited resources of
the State, restrictions do not recognize the right of the State
to limit health care on an individual basis. In other words, there
is no scope for discrimination against individuals in the implementation
of this right. People with disabilities are often restricted in
their access to adequate health care because of individual discrimination,
or because of a societal policy of distributing resources in a manner
that limits the resources available for the provision of health-care
to people with disabilities. In many instances, these unfair limitations
in access to health care further restrict the ability of people
with disabilities in other human right areas. For instance, many
people with disabilities who would be fully able to work if their
general health were maintained cannot work because they do not have
access to general health care.
In many instances throughout the world, people with
disabilities are subjected to inappropriate and highly detrimental
"treatment" and practices in the name of health care or rehabilitation.
In other cases, people with disabilities - particularly children
or people with mental disabilities - are subjected to medical experimentation
in the absence of any procedure for consent or other protections.
Even where consent is sought, people are often unable to provide
full and informed consent, because the information they need to
make an informed decision is not provided in an appropriately accessible
format. People with both physical and mental disabilities are often
subject to procedures, hospitalization and institutionalization
against their will and are often housed in institutions which purport
to provide beneficial treatment but which are all too often warehouses
where egregious abuses take place. It is also appropriate to mention
here that the mental and physical health of people with disabilities
can be severely impacted by the implementation of harmful traditional
practices (such as female genital mutilation) that can exacerbate
existing disabilities, or lead to the development of otherwise preventable
disabilities.
(See Annex (IV) for example from the UN Standard Rules
on the Equalization of Opportunities for People With Disabilities.)
International Covenant on Economic, Social and Cultural
Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49,
U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan.
3, 1976
Article 12
1. The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health.
2. The steps to be taken by the States Parties to
the present Covenant to achieve the full realization of this right
shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate
and of infant mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental
and industrial hygiene;
(c) The prevention, treatment and control of epidemic,
endemic, occupational and other diseases;
(d) The creation of conditions which would assure
to all medical service and medical attention in the event of sickness.
African [Banjul] Charter on Human and Peoples' Rights,
adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58
(1982), entered into force Oct. 21, 1986
Article 16
1. Every individual shall have the right to enjoy
the best attainable state of physical and mental health.
2. States Parties to the present Charter shall take
the necessary measures to protect the health of their people and
to ensure that they receive medical attention when they are sick.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 5
States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of
conduct of men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the
sexes or on stereotyped roles for men and women; ...
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 24
1. States Parties recognize the right of the child
to the enjoyment of the highest attainable standard of health and
to facilities for the treatment of illness and rehabilitation of
health. States Parties shall strive to ensure that no child is deprived
of his or her right of access to such health care services.
2. States Parties shall pursue full implementation
of this right and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical assistance
and health care to all children with emphasis on the development
of primary health care;
(c) To combat disease and malnutrition, including
within the framework of primary health care, through, inter alia,
the application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water,
taking into consideration the dangers and risks of environmental
pollution;
(d) To ensure appropriate pre-natal and post-natal
health care for mothers;
(e) To ensure that all segments of society, in particular
parents and children, are informed, have access to education and
are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and environmental
sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for
parents and family planning education and services.
3. States Parties shall take all effective and appropriate
measures with a view to abolishing traditional practices prejudicial
to the health of children.
4. States Parties undertake to promote and encourage
international co-operation with a view to achieving progressively
the full realization of the right recognized in the present article.
In this regard, particular account shall be taken of the needs of
developing countries.
Q. Employment/Social Security/Income Maintenance
In the same way that right to health provisions do
not guarantee full health, provisions guaranteeing the right to
work do not guarantee that every individual will be given a job.
Rather, they guarantee the right of an individual to the opportunity
to gain his or her living by work freely chosen by that individual.
Provision of this opportunity may entail removing educational and
discriminatory barriers that face the individual. In addition, the
individual is guaranteed fair pay and favorable working conditions.
Where the individual is unable to gain an adequate living through
employment, social security and income maintenance provisions guarantee
the right to an adequate standard of living.
In the context of employment, people with disabilities
again often face discrimination, with employers unwilling to hire
them and/or unwilling to make reasonable accommodations that would
improve (or make possible) conditions of work. Where people with
disabilities do have access to work or vocational rehabilitation,
employment is often on the basis of lower wages with reduced benefits.
In many instances, the work is not linked to the person's abilities
and skills, and is determined on the basis of a third person's assessment
without input from the person in question. Even in cases where people
with disabilities do find employment, they face endemic workplace
harassment. People with disabilities often have to rely upon an
inadequate income maintenance system in order to maintain their
standard of living. They may live outside the social system and
belong to the poorest sector of society.
(See Annex (V) for example from the UN Standard Rules
on the Equalization of Opportunities for People With Disabilities.)
International Covenant on Economic, Social and Cultural
Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49,
U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan.
3, 1976
Article 6
1. The States Parties to the present Covenant recognize
the right to work, which includes the right of everyone to the opportunity
to gain his living by work which he freely chooses or accepts, and
will take appropriate steps to safeguard this right.
2. The steps to be taken by a State Party to the present
Covenant to achieve the full realization of this right shall include
technical and vocational guidance and training programmes, policies
and techniques to achieve steady economic, social and cultural development
and full and productive employment under conditions safeguarding
fundamental political and economic freedoms to the individual.
Article 7
The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of just and favourable conditions
of work which ensure, in particular:
(a) Remuneration which provides all workers, as a
minimum, with:
(i) Fair wages and equal remuneration for work of
equal value without distinction of any kind, in particular women
being guaranteed conditions of work not inferior to those enjoyed
by men, with equal pay for equal work;
(ii) A decent living for themselves and their families
in accordance with the provisions of the present Covenant;
(b) Safe and healthy working conditions;
(c) Equal opportunity for everyone to be promoted
in his employment to an appropriate higher level, subject to no
considerations other than those of seniority and competence;
(d ) Rest, leisure and reasonable limitation of working
hours and periodic holidays with pay, as well as remuneration for
public holidays
Article 9
The States Parties to the present Covenant recognize
the right of everyone to social security, including social insurance.
Article 11
1. The States Parties to the present Covenant recognize
the right of everyone to an adequate standard of living for himself
and his family, including adequate food, clothing and housing, and
to the continuous improvement of living conditions. The States Parties
will take appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of international
co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing
the fundamental right of everyone to be free from hunger, shall
take, individually and through international co-operation, the measures,
including specific programmes, which are needed:
(a) To improve methods of production, conservation
and distribution of food by making full use of technical and scientific
knowledge, by disseminating knowledge of the principles of nutrition
and by developing or reforming agrarian systems in such a way as
to achieve the most efficient development and utilization of natural
resources;
(b) Taking into account the problems of both food-importing
and food-exporting countries, to ensure an equitable distribution
of world food supplies in relation to need.
European Social Charter, 529 U.N.T.S. 89, entered
into force Feb. 26, 1965
Part I
The Contracting Parties accept as the aim of their
policy, to be pursued by all appropriate means, both national and
international in character, the attainment of conditions in which
the following rights and principles may be effectively realised:
1. Everyone shall have the opportunity to earn his
living in an occupation freely entered upon.
Part II
The Contracting Parties undertake, as provided for
in Part III, to consider themselves bound by the obligations laid
down in the following articles and paragraphs.
Article 1 The right to work
With a view to ensuring the effective exercise of
the right to work, the Contracting Parties undertake:
1. To accept as one of their primary aims and responsibilities
the achievement and maintenance of as high and stable a level of
employment as possible, with a view to the attainment of full employment;
2. To protect effectively the right of the worker
to earn his living in an occupation freely entered upon;
3. To establish or maintain free employment services
for all workers;
4. To provide or promote appropriate vocational guidance,
training and rehabilitation.
R. Education
Education provisions tend to take a non-discrimination
approach, guaranteeing the right of all to education with the objective
of full human development and full participation in society. Some
provisions specify that the education provided shall be State funded,
while other provisions do not specify whether the education will
be publicly or privately funded. Many provisions recognize the right
of parents to choose the type of education their children receive,
particularly as it relates to religious and moral teachings. The
provision of education to people who have, or who are perceived
as having, 'special needs' is often unaddressed in the human rights
field, although it is occasionally addressed in the context of vocational
training. Thus, people with disabilities, particularly those with
intellectual disabilities, frequently find themselves forced into
an educational setting not of their choosing and often not appropriate
to their actual needs. So often people with disabilities receive
inferior and inappropriate educational experiences, both in mainstream
and segregated schools. People with disabilities also find themselves
excluded from higher education on the basis of discrimination. All
of these actions serve to limit the ability of many people with
disabilities to develop their full potential as individuals, and
to participate fully in society.
(See Annex (VI) for example from the UN Standard Rules
on the Equalization of Opportunities for People With Disabilities.)
International Covenant on Economic, Social and Cultural
Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49,
U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan.
3, 1976
Article 13
1. The States Parties to the present Covenant recognize
the right of everyone to education. They agree that education shall
be directed to the full development of the human personality and
the sense of its dignity, and shall strengthen the respect for human
rights and fundamental freedoms. They further agree that education
shall enable all persons to participate effectively in a free society,
promote understanding, tolerance and friendship among all nations
and all racial, ethnic or religious groups, and further the activities
of the United Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize
that, with a view to achieving the full realization of this right:
(a) Primary education shall be compulsory and available
free to all;
(b) Secondary education in its different forms, including
technical and vocational secondary education, shall be made generally
available and accessible to all by every appropriate means, and
in particular by the progressive introduction of free education;
(c) Higher education shall be made equally accessible
to all, on the basis of capacity, by every appropriate means, and
in particular by the progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified
as far as possible for those persons who have not received or completed
the whole period of their primary education;
(e) The development of a system of schools at all
levels shall be actively pursued, an adequate fellowship system
shall be established, and the material conditions of teaching staff
shall be continuously improved.
3. The States Parties to the present Covenant undertake
to have respect for the liberty of parents and, when applicable,
legal guardians to choose for their children schools, other than
those established by the public authorities, which conform to such
minimum educational standards as may be laid down or approved by
the State and to ensure the religious and moral education of their
children in conformity with their own convictions.
4. No part of this article shall be construed so as
to interfere with the liberty of individuals and bodies to establish
and direct educational institutions, subject always to the observance
of the principles set forth in paragraph I of this article and to
the requirement that the education given in such institutions shall
conform to such minimum standards as may be laid down by the State.
Article 14
Each State Party to the present Covenant which, at
the time of becoming a Party, has not been able to secure in its
metropolitan territory or other territories under its jurisdiction
compulsory primary education, free of charge, undertakes, within
two years, to work out and adopt a detailed plan of action for the
progressive implementation, within a reasonable number of years,
to be fixed in the plan, of the principle of compulsory education
free of charge for all.
Convention against Discrimination in Education, 429
U.N.T.S. 93, entered into force May 22, 1962
Article 1
1. For the purpose of this Convention, the term "discrimination"
includes any distinction, exclusion, limitation or preference which,
being based on race, colour, sex, language, religion, political
or other opinion, national or social origin, economic condition
or birth, has the purpose or effect of nullifying or impairing equality
of treatment in education and in particular:
(a) Of depriving any person or group of persons of
access to education of any type or at any level;
(b) Of limiting any person or group of persons to
education of an inferior standard;
(c) Subject to the provisions of article 2 of this
Convention, of establishing or maintaining separate educational
systems or institutions for persons or groups of persons; or
(d) Of inflicting on any person or group of persons
conditions which are incompatible with the dignity of man.
2. For the purposes of this Convention, the term "education"
refers to all types and levels of education, and includes access
to education, the standard and quality of education, and the conditions
under which it is given.
S. Family
The international human rights framework recognizes
the importance of the family unit in human life, and the need for
legal protection of the family. Unfortunately, the main human rights
conventions do not explicitly link protection of the family to people
with disabilities, meaning that people with disabilities do not
currently enjoy the highest levels of protection with regard to
their rights to live with their families, marry, have intimate relationships,
and start their own families.
(See Annex (VII) for example from the UN Standard
Rules on the Equalization of Opportunities for People With Disabilities.)
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 23
1. The family is the natural and fundamental group
unit of society and is entitled to protection by society and the
State.
2. The right of men and women of marriageable age
to marry and to found a family shall be recognized.
3. No marriage shall be entered into without the free
and full consent of the intending spouses.
4. States Parties to the present Covenant shall take
appropriate steps to ensure equality of rights and responsibilities
of spouses as to marriage, during marriage and at its dissolution.
In the case of dissolution, provision shall be made for the necessary
protection of any children.
International Covenant on Economic, Social and Cultural
Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49,
U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan.
3, 1976
Article 10
The States Parties to the present Covenant recognize
that:
1. The widest possible protection and assistance should
be accorded to the family, which is the natural and fundamental
group unit of society, particularly for its establishment and while
it is responsible for the care and education of dependent children.
Marriage must be entered into with the free consent of the intending
spouses.
2. Special protection should be accorded to mothers
during a reasonable period before and after childbirth. During such
period working mothers should be accorded paid leave or leave with
adequate social security benefits.
3. Special measures of protection and assistance should
be taken on behalf of all children and young persons without any
discrimination for reasons of parentage or other conditions. Children
and young persons should be protected from economic and social exploitation.
Their employment in work harmful to their morals or health or dangerous
to life or likely to hamper their normal development should be punishable
by law. States should also set age limits below which the paid employment
of child labour should be prohibited and punishable by law.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 9
1. States Parties shall ensure that a child shall
not be separated from his or her parents against their will, except
when competent authorities subject to judicial review determine,
in accordance with applicable law and procedures, that such separation
is necessary for the best interests of the child. Such determination
may be necessary in a particular case such as one involving abuse
or neglect of the child by the parents, or one where the parents
are living separately and a decision must be made as to the child's
place of residence.
2. In any proceedings pursuant to paragraph 1 of the
present article, all interested parties shall be given an opportunity
to participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child
who is separated from one or both parents to maintain personal relations
and direct contact with both parents on a regular basis, except
if it is contrary to the child's best interests.
4. Where such separation results from any action initiated
by a State Party, such as the detention, imprisonment, exile, deportation
or death (including death arising from any cause while the person
is in the custody of the State) of one or both parents or of the
child, that State Party shall, upon request, provide the parents,
the child or, if appropriate, another member of the family with
the essential information concerning the whereabouts of the absent
member(s) of the family unless the provision of the information
would be detrimental to the well-being of the child. States Parties
shall further ensure that the submission of such a request shall
of itself entail no adverse consequences for the person(s) concerned.
T. Culture and Religion
All people have the right to participate in the cultural
life of their community, and the right to hold, express, and practice
their religious beliefs without facing harassment or coercion to
change them. To the extent that restrictions may be placed on these
rights, these restrictions may be in furtherance of such interests
as public safety and the protection of the rights and freedoms of
others. Thus, people with disabilities should not, as they often
are, be restricted from the practice of their religious beliefs,
nor should they be prohibited from participating in the cultural
life of the community.
(See Annex (VIII) for example from the UN Standard
Rules on the Equalization of Opportunities for People With Disabilities.)
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 18
1. Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have
or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private,
to manifest his religion or belief in worship, observance, practice
and teaching.
2. No one shall be subject to coercion which would
impair his freedom to have or to adopt a religion or belief of his
choice.
3. Freedom to manifest one's religion or beliefs may
be subject only to such limitations as are prescribed by law and
are necessary to protect public safety, order, health, or morals
or the fundamental rights and freedoms of others. 4. The States
Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to ensure
the religious and moral education of their children in conformity
with their own convictions.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 30
In those States in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a child belonging
to such a minority or who is indigenous shall not be denied the
right, in community with other members of his or her group, to enjoy
his or her own culture, to profess and practise his or her own religion,
or to use his or her own language.
U. Linguistic Minorities
International human rights law recognizes the rights
of linguistic minorities to use and develop their own languages
and cultures, and also to access language education so that they
may attain fluency in additional "official" or "national" languages.
Such protections are of great relevance to those people with disabilities
who utilize sign language, Braille, or other methods of communication.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 27
In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not
be denied the right, in community with the other members of their
group, to enjoy their own culture, to profess and practise their
own religion, or to use their own language.
Convention concerning Indigenous and Tribal Peoples
in Independent Countries (ILO No. 169), 72 ILO Official Bull. 59,
entered into force Sept. 5, 1991
Article 28
1. Children belonging to the peoples concerned shall,
wherever practicable, be taught to read and write in their own indigenous
language or in the language most commonly used by the group to which
they belong. When this is not practicable, the competent authorities
shall undertake consultations with these peoples with a view to
the adoption of measures to achieve this objective.
2. Adequate measures shall be taken to ensure that
these peoples have the opportunity to attain fluency in the national
language or in one of the official languages of the country.
3. Measures shall be taken to preserve and promote
the development and practice of the indigenous languages of the
peoples concerned.
Article 30
1. Governments shall adopt measures appropriate to
the traditions and cultures of the peoples concerned, to make known
to them their rights and duties, especially in regard to labour,
economic opportunities, education and health matters, social welfare
and their rights deriving from this Convention.
2. If necessary, this shall be done by means of written
translations and through the use of mass communications in the languages
of these peoples.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 30
In those States in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a child belonging
to such a minority or who is indigenous shall not be denied the
right, in community with other members of his or her group, to enjoy
his or her own culture, to profess and practise his or her own religion,
or to use his or her own language.
V. Recreation and Sports
In addition to favorable conditions of work, all people
have a right to rest and leisure time to engage in recreation and
activities such as sports. People with disabilities may face discrimination
both in their receipt of leisure time and also in their access to
recreational activities, such as sports. In some cases this discrimination
manifests itself in the complete denial of access to these activities,
while in other cases people with disabilities may be denied the
accommodations necessary to facilitate their involvement.
International Covenant on Economic, Social and Cultural
Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49,
U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan.
3, 1976
Article 7
The States Parties to the present Covenant recognize
the right of everyone to the enjoyment of just and favourable conditions
of work which ensure, in particular...
(d) Rest, leisure and reasonable limitation of working
hours and periodic holidays with pay, as well as remuneration for
public holidays
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 13
States Parties shall take all appropriate measures
to eliminate discrimination against women in other areas of economic
and social life in order to ensure, on a basis of equality of men
and women, the same rights, in particular...
(c) The right to participate in recreational activities,
sports and all aspects of cultural life.
W. Nationality/Freedom of Movement
Human rights provisions are unambiguous in their guarantee
of the right of all people to a nationality. In addition, all people
have the right to move freely within the borders of their State,
as well as to leave and return to it, subject only to restrictions
necessary to protect interests such as national security, public
safety, health, and the prevention of crime. Many people with disabilities
are denied their right to a nationality and/or they are denied their
right to possess the indicia of their nationality with the discriminatory
confiscation of their identification and other similar papers. This
restricts their freedom of movement both within and outside of their
country. Freedom of movement can also be physically restricted by
confinement of people with disabilities in institutions, as well
as through the denial of accessible streets, buildings and transport.
For those people with disabilities who wish to immigrate to other
countries, immigration laws that overtly discriminate against people
with disabilities can also serve to restrict their freedom of movement.
American Convention on Human Rights, O.A.S. Treaty
Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978,
reprinted in Basic Documents Pertaining to Human Rights in the Inter-American
System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)
Article 20 Right to Nationality
1. Every person has the right to a nationality.
2. Every person has the right to the nationality of
the state in whose territory he was born if he does not have the
right to any other nationality.
3. No one shall be arbitrarily deprived of his nationality
or of the right to change it.
Protocol No. 4 to the Convention for the Protection
of Human Rights and Fundamental Freedoms, E.T.S. No. 46, entered
into force May 2, 1968
Article 2
1. Everyone lawfully within the territory of a State
shall, within that territory, have the right to liberty of movement
and freedom to choose his residence.
2. Everyone shall be free to leave any country, including
his own.
3. No restrictions shall be placed on the exercise
of these rights other than such as are in accordance with law and
are necessary in a democratic society in the interests of national
security or public safety, for the maintenance of "ordre public",
for the prevention of crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.
4. The rights set forth in paragraph 1 may also be
subject, in particular areas, to restrictions imposed in accordance
with law and justified by the public interests in a democratic society.
Article 3
1. No one shall be expelled, by means either of an
individual or of a collective measure, from the territory of the
State of which he is a national.
2. No one shall be deprived of the right to enter
the territory of the State of which he is a national.
Article 4
Collective expulsion of aliens is prohibited.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 12
1. Everyone lawfully within the territory of a State
shall, within that territory, have the right to liberty of movement
and freedom to choose his residence.
2. Everyone shall be free to leave any country, including
his own.
3. The above-mentioned rights shall not be subject
to any restrictions except those which are provided by law, are
necessary to protect national security, public order (ordre public),
public health or morals or the rights and freedoms of others, and
are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right
to enter his own country.
X. Refugees/IDPs
If a person will be the subject of persecution in
their country on such grounds as race, religion, political or social
group, or political belief, they may be entitled under the Refugee
Convention to seek asylum in another country. If they satisfy the
requirements of that convention, or if they can show that they will
be subjected to torture or genocide (forms of persecution from which
we are all supposed to be free), they will be granted the right
of non-refoulement, so that they may be sent to another country
but not back to the country where they will face persecution. For
those who are persecuted on the grounds of their disability, they,
like people persecuted on such grounds as gender (a category not
listed in the Refugee Convention), frequently have difficulty accessing
the protection of the Refugee Convention. Those who are able to
gain the protection of nonrefoulement may, however, not receive
the type of health care or level of accessibility required, particularly
if they are housed in a refugee detention center or camp. This can
be particularly true for children with disabilities who become separated
from their families. Although these children are entitled to the
same rights as other refugee children to receive adequate care and
to be reunited with their families, children with disabilities are
often at risk of being neglected, or becoming trapped in institutions
with little hope of family reunification. For those people with
disabilities who are internally displaced (e.g., displaced within
their own country) either through natural, economic or other catastrophe,
the fact that the Refugee Convention does not apply to them means
that levels of protection can be even lower, thus placing them in
further jeopardy.
Convention relating to the Status of Refugees, 189
U.N.T.S. 150, entered into force April 22, 1954
Article 1 Definition of the term "refugee"
A. For the purposes of the present Convention, the
term "refugee" shall apply to any person who:
(1) Has been considered a refugee under the Arrangements
of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October
1933 and 10 February 1938, the Protocol of 14 September 1939 or
the Constitution of the International Refugee Organization; Decisions
of non-eligibility taken by the International Refugee Organization
during the period of its activities shall not prevent the status
of refugee being accorded to persons who fulfil the conditions of
paragraph 2 of this section;
(2) As a result of events occurring before I January
1951 and owing to well-founded fear of being persecuted for reasons
of race, religion, nationality, membership of a particular social
group or political opinion, is outside the country of his nationality
and is unable, or owing to such fear, is unwilling to avail himself
of the protection of that country; or who, not having a nationality
and being outside the country of his former habitual residence as
a result of such events, is unable or, owing to such fear, is unwilling
to return to it. In the case of a person who has more than one nationality,
the term "the country of his nationality" shall mean each of the
countries of which he is a national, and a person shall not be deemed
to be lacking the protection of the country of his nationality if,
without any valid reason based on well-founded fear, he has not
availed himself of the protection of one of the countries of which
he is a national...
Article 32 Expulsion
1. The Contracting States shall not expel a refugee
lawfully in their territory save on grounds of national security
or public order.
2. The expulsion of such a refugee shall be only in
pursuance of a decision reached in accordance with due process of
law. Except where compelling reasons of national security otherwise
require, the refugee shall be allowed to submit evidence to clear
himself, and to appeal to and be represented for the purpose before
competent authority or a person or persons specially designated
by the competent authority.
3. The Contracting States shall allow such a refugee
a reasonable period within which to seek legal admission into another
country. The Contracting States reserve the right to apply during
that period such internal measures as they may deem necessary. Article
33 Prohibition of expulsion or return ("refoulement") 1. No Contracting
State shall expel or return ("refouler") a refugee in any manner
whatsoever to the frontiers of territories where his life or freedom
would be threatened on account of his race, religion, nationality,
membership of a particular social group or political opinion.
2. The benefit of the present provision may not, however,
be claimed by a refugee whom there are reasonable grounds for regarding
as a danger to the security of the country in which he is, or who,
having been convicted by a final judgement of a particularly serious
crime, constitutes a danger to the community of that country.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 22
1. States Parties shall take appropriate measures
to ensure that a child who is seeking refugee status or who is considered
a refugee in accordance with applicable international or domestic
law and procedures shall, whether unaccompanied or accompanied by
his or her parents or by any other person, receive appropriate protection
and humanitarian assistance in the enjoyment of applicable rights
set forth in the present Convention and in other international human
rights or humanitarian instruments to which the said States are
Parties.
2. For this purpose, States Parties shall provide,
as they consider appropriate, co-operation in any efforts by the
United Nations and other competent intergovernmental organizations
or non-governmental organizations co-operating with the United Nations
to protect and assist such a child and to trace the parents or other
members of the family of any refugee child in order to obtain information
necessary for reunification with his or her family. In cases where
no parents or other members of the family can be found, the child
shall be accorded the same protection as any other child permanently
or temporarily deprived of his or her family environment for any
reason, as set forth in the present Convention.
CATEGORY
III. INSTITUTIONS It is common for many
treaties to set forth not only substantive obligations, but also
provisions establishing institutions to address how the treaty will
be implemented. This is now standard practice for international
human rights conventions, with the main treaties establishing -
usually within the treaty itself - committees or "treaty-monitoring
bodies" to monitor State compliance with obligations. International
environmental treaties have particularly well-developed institutions,
which take the form of administrative secretariats, treaty-monitoring
bodies, and scientific and technology committees. These institutions
provide monitoring, conduct data gathering and analysis and perform
other functions related to the implementation of the treaty. Such
institutional bodies also provide civil society with venues for
active participation in the process of implementation, either through
direct contact with the States Parties at conferences, or through
submission of information and reports.
The establishment of permanent institutions for an
international treaty on the human rights of people with disabilities
will provide disability-related groups with crucial opportunities
to contribute to the effective implementation of the treaty. A strong
treaty-monitoring body, which includes qualified people with disabilities
serving in key positions, is essential for a legitimate and credible
enforcement mechanism. Furthermore, to address the complicated issues
surrounding data collection and analysis of disability issues, the
establishment of an additional technical body composed primarily
of people with disabilities with relevant experience and expertise
seems compelling. Although this would represent an innovation in
international human rights conventions, such a model deserves some
attention give the fact that it has found success in the international
environmental law context. Whatever the ultimate format of the treaty
institutions, it is crucial that the institutions be established
on an equal footing with existing human rights institutions, so
that resources are allocated in a manner that facilitates their
effective functioning.
A. Secretariat
The secretariat forms the administrative body for
a treaty, receiving and processing general information and reports,
arranging meetings, as well as performing other day-to-day treaty-related
administrative tasks. In some instances - particularly in the context
of international environmental law treaties - a treaty will provide
for the establishment of a secretariat within the terms of the agreement.
In other cases - and this is the norm in international human rights
treaties - a treaty will simply designate an international organization
within its system to provide the necessary staff and facilities
for the functions of the treaty to be performed. Examples from the
environmental and human rights contexts are provided below.
The United Nations Convention to Combat Desertification
(UNCCD), adopted June 17, 1994, entered into force Dec. 26, 1996
Article 23 Permanent Secretariat
1. A Permanent Secretariat is hereby established.
2. The functions of the Permanent Secretariat shall
be:
(a) to make arrangements for sessions of the Conference
of the Parties and its subsidiary bodies established under the Convention
and to provide them with services as required;
(b) to compile and transmit reports submitted to it;
(c) to facilitate assistance to affected developing
country Parties, on request, particularly those in Africa, in the
compilation and communication of information required under the
Convention;
(d) to coordinate its activities with the secretariats
of other relevant international bodies and conventions;
(e) to enter, under the guidance of the Conference
of the Parties, into such administrative and contractual arrangements
as may be required for the effective discharge of its functions;
(f) to prepare reports on the execution of its functions
under this Convention and present them to the Conference of the
Parties; and
(g) to perform such other secretariat functions as
may be determined by the Conference of the Parties.
3. The Conference of the Parties, at its first session,
shall designate a Permanent Secretariat and make arrangements for
its functioning.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 36
The Secretary-General of the United Nations shall
provide the necessary staff and facilities for the effective performance
of the functions of the Committee under the present Covenant.
African [Banjul] Charter on Human and Peoples' Rights,
adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58
(1982), entered into force Oct. 21, 1986: [excerpts] Article 41
The Secretary-General of the Organization of African Unity shall
appoint the Secretary of the Commission. He shall also provide the
staff and services necessary for the effective discharge of the
duties of the Commission. The Organization of African Unity shall
bear the costs of the staff and services...
B. Monitoring Bodies
International treaties in the environmental and human
rights contexts typically establish an institution to oversee the
implementation of and compliance with treaty obligations. Such subsidiary
bodies, commonly referred to as "committees" or "treaty-monitoring
bodies" are frequently tasked with collecting information (usually
in the form of reports) submitted by participating States on measures
taken to implement treaty obligations. Such bodies are also empowered
to evaluate and report upon the implementation process. Treaty-monitoring
bodies receive information concerning compliance and implementation
from NGOs or other entities. This is usually on an informal basis
or is sometimes provided for in their rules of procedure. If the
rights of people with disabilities are to be developed and interpreted
in any meaningful way, the right of participation must be fully
enforced so that people with disabilities play a central role in
the functioning of any treaty monitoring bodies, both as members
of a monitoring committee and through the active participation of
disability organizations. Also, if the monitoring bodies are to
participate constructively in the development and interpretation
of the human rights of people with disabilities, they must be accorded
adequate resources to meet for sufficient periods of time.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 43
1. For the purpose of examining the progress made
by States Parties in achieving the realization of the obligations
undertaken in the present Convention, there shall be established
a Committee on the Rights of the Child, which shall carry out the
functions hereinafter provided.
2. The Committee shall consist of ten experts of high
moral standing and recognized competence in the field covered by
this Convention. The members of the Committee shall be elected by
States Parties from among their nationals and shall serve in their
personal capacity, consideration being given to equitable geographical
distribution, as well as to the principal legal systems. 3. The
members of the Committee shall be elected by secret ballot from
a list of persons nominated by States Parties. Each State Party
may nominate one person from among its own nationals.
4. The initial election to the Committee shall be
held no later than six months after the date of the entry into force
of the present Convention and thereafter every second year. At least
four months before the date of each election, the Secretary-General
of the United Nations shall address a letter to States Parties inviting
them to submit their nominations within two months. The Secretary-General
shall subsequently prepare a list in alphabetical order of all persons
thus nominated, indicating States Parties which have nominated them,
and shall submit it to the States Parties to the present Convention.
5. The elections shall be held at meetings of States
Parties convened by the Secretary-General at United Nations Headquarters.
At those meetings, for which two thirds of States Parties shall
constitute a quorum, the persons elected to the Committee shall
be those who obtain the largest number of votes and an absolute
majority of the votes of the representatives of States Parties present
and voting.
6. The members of the Committee shall be elected for
a term of four years. They shall be eligible for re-election if
renominated. The term of five of the members elected at the first
election shall expire at the end of two years; immediately after
the first election, the names of these five members shall be chosen
by lot by the Chairman of the meeting.
7. If a member of the Committee dies or resigns or
declares that for any other cause he or she can no longer perform
the duties of the Committee, the State Party which nominated the
member shall appoint another expert from among its nationals to
serve for the remainder of the term, subject to the approval of
the Committee.
8. The Committee shall establish its own rules of
procedure.
9. The Committee shall elect its officers for a period
of two years.
10. The meetings of the Committee shall normally be
held at United Nations Headquarters or at any other convenient place
as determined by the Committee. The Committee shall normally meet
annually. The duration of the meetings of the Committee shall be
determined, and reviewed, if necessary, by a meeting of the States
Parties to the present Convention, subject to the approval of the
General Assembly.
11. The Secretary-General of the United Nations shall
provide the necessary staff and facilities for the effective performance
of the functions of the Committee under the present Convention.
12. With the approval of the General Assembly, the
members of the Committee established under the present Convention
shall receive emoluments from United Nations resources on such terms
and conditions as the Assembly may decide.
Article 44
1. States Parties undertake to submit to the Committee,
through the Secretary-General of the United Nations, reports on
the measures they have adopted which give effect to the rights recognized
herein and on the progress made on the enjoyment of those rights:
(a) Within two years of the entry into force of the
Convention for the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate
factors and difficulties, if any, affecting the degree of fulfillment
of the obligations under the present Convention. Reports shall also
contain sufficient information to provide the Committee with a comprehensive
understanding of the implementation of the Convention in the country
concerned.
3. A State Party which has submitted a comprehensive
initial report to the Committee need not, in its subsequent reports
submitted in accordance with paragraph 1 (b) of the present article,
repeat basic information previously provided.
4. The Committee may request from States Parties further
information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly,
through the Economic and Social Council, every two years, reports
on its activities.
6. States Parties shall make their reports widely
available to the public in their own countries.
C. The Participation of Non-State Actors in International
Treaty Processes
The participation of non-state actors to treaties
is sometimes provided for in the text of the treaty itself. This
is particularly so for international environmental law treaties
which allow for the participation of relevant inter-governmental
bodies, NGOs and other actors as observers in meetings of the States
Parties or in meetings of relevant treaty monitoring bodies. Given
the pattern of exclusion experienced by people with disabilities
in decision-making processes at both the national and international
level, the participation of people with disabilities and their representative
organizations in any institutions and mechanisms created by an international
convention on the rights of people with disabilities will be essential.
The Convention on the Rights of the Child provides one good example
in the human rights context. There are other examples of provisions
allowing for the participation of non-parties in the environmental
and some other contexts, although the participation of non-state
actors in these types of treaties this type of participation often
occurs as a part of periodic Conferences of the Parties which are
not a usual feature of human rights treaties.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 45
In order to foster the effective implementation of
the Convention and to encourage international co-operation in the
field covered by the Convention:
(a) The specialized agencies, the United Nations Children's
Fund and other United Nations organs shall be entitled to be represented
at the consideration of the implementation of such provisions of
the present Convention as fall within the scope of their mandate.
The Committee may invite the specialized agencies, the United Nations
Children's Fund and other competent bodies as it may consider appropriate
to provide expert advice on the implementation of the Convention
in areas falling within the scope of their respective mandates.
The Committee may invite the specialized agencies, the United Nations
Children's Fund and other United Nations organs to submit reports
on the implementation of the Convention in areas falling within
the scope of their activities; ...
Convention on the Prohibition of the use, stockpiling,
production and transfer of antipersonnel mines and on their destruction,
adopted at Oslo, Norway on September 18, 1997, entered into force
Mar. 1, 1999
Article 11 Meetings of the States Parties
...
4. States not parties to this Convention, as well
as the United Nations, other relevant international organizations
or institutions, regional organizations, the International Committee
of the Red Cross and relevant non-governmental organizations may
be invited to attend these meetings as observers in accordance with
the agreed Rules of Procedure.
Article 12 Review Conferences
...
3. States not parties to this Convention, as well
as the United Nations, other relevant international organizations
or institutions, regional organizations, the International Committee
of the Red Cross and relevant non-governmental organizations may
be invited to attend each Review Conference as observers in accordance
with the agreed Rules of Procedure.
Convention on International Trade In Endangered Species,
adopted 3 March 1973, entered into force July 1, 1975
Article XI Conference of the Parties
6. The United Nations, its Specialized Agencies and
the International Atomic Energy Agency, as well as any State not
a Party to the present Convention, may be represented at meetings
of the Conference by observers, who shall have the right to participate
but not to vote. 7. Any body or agency technically qualified in
protection, conservation or management of wild fauna and flora,
in the following categories, which has informed the Secretariat
of its desire to be represented at meetings of the Conference by
observers, shall be admitted unless at least one-third of the Parties
present object:
(a) international agencies or bodies, either governmental
or non-governmental, and national governmental agencies and bodies;
and
(b) national non-governmental agencies or bodies which
have been approved for this purpose by the State in which they are
located. Once admitted, these observers shall have the right to
participate but not to vote.
D. Technical Bodies
Where particular expertise is required to assess information
relating to the implementation of a treaty, a more technical body
may also be established by a treaty provision, distinguished in
its data-gathering role from the main treaty monitoring committee.
Such treaty-established technical bodies typically consist of individuals
with particularized expertise in the area in question. In the context
of a human rights treaty for people with disabilities, it might
consist of a separate committee with unique disability and human
rights experience with full participation by people with disabilities
and representing all segments of the disability community. Given
the lack of expertise on disability policy and issues in international
organizations, such a body may well be warranted in an international
convention on the rights of people with disabilities.
The United Nations Framework Convention on Climate
Change, adopted May 9, 1992, entered into force Mar. 21, 1994
Article 9 Subsidiary Body for Scientific and Technical
Advice
1. A subsidiary body for scientific and technological
advice is hereby established to provide the Conference of the Parties
and, as appropriate, its other subsidiary bodies with timely information
and advice on scientific and technological matters relating to the
Convention. This body shall be open to participation by all Parties
and shall be multidisciplinary. It shall comprise government representatives
competent in the relevant field of expertise. It shall report regularly
to the Conference of the Parties on all aspects of its work.
2. Under the guidance of the Conference of the Parties,
and drawing upon existing competent international bodies, this body
shall:
(a) Provide assessments of the state of scientific
knowledge relating to climate change and its effects;
(b) Prepare scientific assessments on the effects
of measures taken in the implementation of the Convention;
(c) Identify innovative, efficient and state-of-the-art
technologies and know-how and advise on the ways and means of promoting
development and/or transferring such technologies;
(d) Provide advice on scientific programmes, international
cooperation in research and development related to climate change,
as well as on ways and means of supporting endogenous capacity-building
in developing countries; and
(e) Respond to scientific, technological and methodological
questions that the Conference of the Parties and its subsidiary
bodies may put to the body.
3. The functions and terms of reference of this body
may be further elaborated by the Conference of the Parties.
The United Nations Convention to Combat Desertification
(UNCCD), adopted June 17, 1994, entered into force Dec. 26, 1996
Article 24 Committee on Science and Technology
1. A Committee on Science and Technology is hereby
established as a subsidiary body of the Conference of the Parties
to provide it with information and advice on scientific and technological
matters relating to combating desertification and mitigating the
effects of drought. The Committee shall meet in conjunction with
the ordinary sessions of the Conference of the Parties and shall
be multidisciplinary and open to the participation of all Parties.
It shall be composed of government representatives competent in
the relevant fields of expertise. The Conference of the Parties
shall decide, at its first session, on the terms of reference of
the Committee.
2. The Conference of the Parties shall establish and
maintain a roster of independent experts with expertise and experience
in the relevant fields. The roster shall be based on nominations
received in writing from the Parties, taking into account the need
for a multidisciplinary approach and broad geographical representation.
3. The Conference of the Parties may, as necessary,
appoint ad hoc panels to provide it, through the Committee, with
information and advice on specific issues regarding the state of
the art in fields of science and technology relevant to combating
desertification and mitigating the effects of drought. These panels
shall be composed of experts whose names are taken from the roster,
taking into account the need for a multidisciplinary approach and
broad geographical representation. These experts shall have scientific
backgrounds and field experience and shall be appointed by the Conference
of the Parties on the recommendation of the Committee. The Conference
of the Parties shall decide on the terms of reference and the modalities
of work of these panels.
CATEGORY
IV. MONITORING TREATY OBLIGATIONS AND IMPLEMENTATION TECHNIQUES
A. Reporting
A standard method of monitoring compliance with treaty
obligations by States Parties is to require States to provide period
reports on measures they have taken to implement the treaty provisions.
The reporting obligation is normally established in the treaty and
may require States to report to the established treaty monitoring
body or to other States Parties. Such reporting is a typical feature
of international human rights as well as other types of international
treaties, particularly environmental law treaties.
Reporting procedures are a standard technique for
monitoring compliance with treaty obligations and in helping to
ensure that States have taken action to implement their obligations.
A reporting obligation arises where a party to a treaty is required
to provide a periodic report to the institutions established under
the treaty - usually the treaty monitoring body or committee - or
to other States Parties under the treaty. These reporting requirements
oblige States to report on the measures they have taken in the implementation
of their treaty commitments. Reporting is a typical feature of international
human rights treaties as well as other types of international treaties,
particularly international environmental law agreements. Reports
may be required annually, bi-annually or according to some other
time frame and may require general or very detailed information
regarding efforts to implement the treaty, obstacles faced in implementation,
and other matters. They allow the treaty monitoring body and the
other States Parties to assess the extent to which obligations are
being met. The strongest treaty reporting provisions are those that
specify what information that States Parties must include in their
reports. In the human rights context, the reporting provisions tend
to be quite general but may be supplemented by treaty-monitoring
guidelines over time. Still, given the complexity of disability-related
human rights issues and the problems with gathering credible information
on disability in the past, reporting provisions in a convention
on the rights of people with disabilities should be as detailed
and specific as possible.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990.
Article 44
1. States Parties undertake to submit to the Committee,
through the Secretary-General of the United Nations, reports on
the measures they have adopted which give effect to the rights recognized
herein and on the progress made on the enjoyment of those rights:
(a) Within two years of the entry into force of the
Convention for the State Party concerned;
(b) Thereafter every five years.
2. Reports made under the present article shall indicate
factors and difficulties, if any, affecting the degree of fulfillment
of the obligations under the present Convention. Reports shall also
contain sufficient information to provide the Committee with a comprehensive
understanding of the implementation of the Convention in the country
concerned.
3. A State Party which has submitted a comprehensive
initial report to the Committee need not, in its subsequent reports
submitted in accordance with paragraph 1 (b) of the present article,
repeat basic information previously provided.
4. The Committee may request from States Parties further
information relevant to the implementation of the Convention.
5. The Committee shall submit to the General Assembly,
through the Economic and Social Council, every two years, reports
on its activities.
6. States Parties shall make their reports widely
available to the public in their own countries.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 18
1. States Parties undertake to submit to the Secretary-General
of the United Nations, for consideration by the Committee, a report
on the legislative, judicial, administrative or other measures which
they have adopted to give effect to the provisions of the present
Convention and on the progress made in this respect:
(a) Within one year after the entry into force for
the State concerned;
(b) Thereafter at least every four years and further
whenever the Committee so requests.
2. Reports may indicate factors and difficulties affecting
the degree of fulfillment of obligations under the present Convention.
International Convention for the Regulation of Whaling,
adopted 2 December 1946, entered into force Nov. 10, 1948
Article VIII
1. Notwithstanding anything contained in this Convention
any Contracting Government may grant to any of its nationals a special
permit authorizing that national to kill, take and treat whales
for purposes of scientific research subject to such restrictions
as to number and subject to such other conditions as the Contracting
Government thinks fit, and the killing, taking, and treating of
whales in accordance with the provisions of this Article shall be
exempt from the operation of this Convention. Each Contracting Government
shall report at once to the Commission all such authorizations which
it has granted. Each Contracting Government may at any time revoke
any such special permit which it has granted.
2. Any whales taken under these special permits shall
so far as practicable be processed and the proceeds shall be dealt
with in accordance with directions issued by the Government by which
the permit was granted.
3. Each Contracting Government shall transmit to such
body as may be designated by the Commission, in so far as practicable,
and at intervals of not more than one year, scientific information
available to that Government with respect to whales and whaling,
including the results of research conducted pursuant to paragraph
1 of this Article and to Article IV.
4. Recognizing that continuous collection and analysis
of biological data in connection with the operations of factory
ships and land stations are indispensable to sound and constructive
management of the whale fisheries, the Contracting Governments will
take all practicable measures to obtain such data.
B. Information Gathering
In some instances, international agreements-particularly
in the environmental context-require that information relevant to
specific or general obligations be collected. Such activities may
be undertaken by States individually or jointly, or by international
organizations. The reasons for such information gathering may include
research or identifying patterns and trends that reflect the state
of the problems covered by the treaty. For example, a number of
environmental law treaties require information to be provided on
health of workers, carriage of oil, air quality of the working environment,
fisheries conservation levels, marine environment, and freshwater
resources. It should be noted that when the information is gathered,
those participating in the collection process should take all steps
necessary to preserve the privacy of those providing information.Inter-American
Convention on the Prevention, Punishment and Eradication of Violence
Against Women, 33
Inter-American Convention on the Prevention, Punishment
and Eradication of Violence Against Women, 33 I.L.M. 1534 (1994),
entered into force Mar. 5, 1995
Article 8
The States Parties agree to undertake progressively
specific measures, including programs: ...
(h) to ensure research and the gathering of statistics
and other relevant information relating to the causes, consequences
and frequency of violence against women, in order to assess the
effectiveness of measures to prevent, punish and eradicate violence
against women and to formulate and implement the necessary changes;
...
The United Nations Convention to Combat Desertification
(UNCCD), adopted June 17, 1994, entered into force Dec. 26, 1996
Article 16 Information collection, analysis and exchange
The Parties agree, according to their respective capabilities,
to integrate and coordinate the collection, analysis and exchange
of relevant short term and long term data and information to ensure
systematic observation of land degradation in affected areas and
to understand better and assess the processes and effects of drought
and desertification. This would help accomplish, inter alias, early
warning and advance planning for periods of adverse climatic variation
in a form suited for practical application by users at all levels,
including especially local populations. To this end, they shall,
as appropriate:
(a) facilitate and strengthen the functioning of the
global network of institutions and facilities for the collection,
analysis and exchange of information, as well as for systematic
observation at all levels, which shall, inter alias: (i) aim to
use compatible standards and systems; (ii) encompass relevant data
and stations, including in remote areas; (iii) use and disseminate
modern technology for data collection, transmission and assessment
on land degradation; and (iv) link national, sub regional and regional
data and information centres more closely with global information
sources;
(b) ensure that the collection, analysis and exchange
of information address the needs of local communities and those
of decision makers, with a view to resolving specific problems,
and that local communities are involved in these activities;
(c) support and further develop bilateral and multilateral
programmes and projects aimed at defining, conducting, assessing
and financing the collection, analysis and exchange of data and
information, including, inter alias, integrated sets of physical,
biological, social and economic indicators;
(d) make full use of the expertise of competent intergovernmental
and non-governmental organizations, particularly to disseminate
relevant information and experiences among target groups in different
regions;
(e) give full weight to the collection, analysis and
exchange of socio-economic data, and their integration with physical
and biological data;
(f) exchange and make fully, openly and promptly available
information from all publicly available sources relevant to combating
desertification and mitigating the effects of drought; and
(g) subject to their respective national legislation
and/or policies, exchange information on local and traditional knowledge,
ensuring adequate protection for it and providing appropriate return
from the benefits derived from it, on an equitable basis and on
mutually agreed terms, to the local populations concerned.
C. Information Exchange
Information exchange provisions seek to ensure that
information gathered pursuant to the treaty in question is effectively
utilized and shared. Many information exchange provisions require
States Parties to cooperate by sharing research or other information
with each other either directly or through a treaty secretariat
or other information gathering body. In addition, some provisions
require States Parties (particularly developed countries) to assist
those (usually developing countries) that are less resource-rich
in collecting, analyzing, distributing and developing the research
mandated by the treaty.
Vienna Convention for the Protection of the Ozone
Layer, adopted March 22, 1985, entered into force Sept. 22, 1988
Article 4 Co-operation in the legal, scientific and
technical fields
1. The Parties shall facilitate and encourage the
exchange of scientific, technical, socio-economic, commercial and
legal information relevant to this Convention as further elaborated
in annex II. Such information shall be supplied to bodies agreed
upon by the Parties. Any such body receiving information regarded
as confidential by the supplying Party shall ensure that such information
is not disclosed and shall aggregate it to protect its confidentiality
before it is made available to all Parties.
2. The Parties shall co-operate, consistent with their
national laws, regulations and practices and taking into account
in particular the needs of the developing countries, in promoting,
directly or through competent international bodies, the development
and transfer of technology and knowledge. Such co-operation shall
be carried out particularly through:
(a) Facilitation of the acquisition of alternative
technologies by other Parties;
(b) Provision of information on alternative technologies
and equipment, and supply of special manuals or guides to them;
(c) The supply of necessary equipment and facilities
for research and systematic observations;
(d) Appropriate training of scientific and technical
personnel.
Stockholm Convention on Persistent Organic Pollutants,
adopted 23 May 2001, not yet in force
Article 9 Information exchange
1. Each Party shall facilitate or undertake the exchange
of information relevant to: (a) The reduction or elimination of
the production, use and release of persistent organic pollutants;
and
(b) Alternatives to persistent organic pollutants,
including information relating to their risks as well as to their
economic and social costs.
2. The Parties shall exchange the information referred
to in paragraph 1 directly or through the Secretariat.
3. Each Party shall designate a national focal point
for the exchange of such information.
4. The Secretariat shall serve as a clearing-house
mechanism for information on persistent organic pollutants, including
information provided by Parties, intergovernmental organizations
and nongovernmental organizations.
5. For the purposes of this Convention, information
on health and safety of humans and the environment shall not be
regarded as confidential. Parties that exchange other information
pursuant to this Convention shall protect any confidential information
as mutually agreed.
D. Public Education and Training
With increasing regularity, international treaties
require States Parties to improve public awareness and education
in a given area. This is particularly true for international environmental
agreements, though other treaties similarly give attention to public
awareness and education. Training, which is slightly more specific,
features in some international treaties on topics such as protection
of workers. Finally, certain treaties provide for publicity to be
given to particular hazards, specially protected areas, or to maritime
navigation dangers.
In the context of disability, public education and
awareness features as a central component and precondition to equalizing
the opportunities of people with disabilities and are recognized
as such in Rule 1 of the UN Standard Rules. (See Annex (I) for Rule
1) Public education and awareness about disability is crucial in
order to address stereotypes and prejudices against people with
disabilities and for members of society to understand and appreciate
the human rights to which people with disabilities are entitled.
Training about disability (regarding legal issues, reasonable accommodations,
accessibility, etc.) is likewise of fundamental importance if people
with disabilities are to be fully integrated into society, whether
in the workplace, public life, educational arena or elsewhere. Media
training is also very important as the media can play a crucial
role in dispelling stereotypes by providing positive, accurate portrayals
of people with disabilities. Finally, publicity and public awareness
education regarding environmental dangers is relevant in situations
where people face the risk of preventable disabilities as a result
of landmines, unexploded ordinances or other hazards. The following
provisions pertaining to education, awareness and publicity provide
some indication of how provisions concerning these issues have been
framed in existing international treaties
Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39
U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered
into force June 26, 1987.
Article 10
1. Each State Party shall ensure that education and
information regarding the prohibition against torture are fully
included in the training of law enforcement personnel, civil or
military, medical personnel, public officials and other persons
who may be involved in the custody, interrogation or treatment of
any individual subjected to any form of arrest, detention or imprisonment.
2. Each State Party shall include this prohibition
in the rules or instructions issued in regard to the duties and
functions of any such person.
Convention on Biological Diversity, adopted 22 June
1992, entered into force Dec. 29, 1993
Article 13 Public Education and Awareness
The Contracting Parties shall:
(a) Promote and encourage understanding of the importance
of, and the measures required for, the conservation of biological
diversity, as well as its propagation through media, and the inclusion
of these topics in educational programmes; and
(b) Cooperate, as appropriate, with other States and
international organizations in developing educational and public
awareness programmes, with respect to conservation and sustainable
use of biological diversity.
The United Nations Framework Convention on Climate
Change, adopted 9 May 1992, entered into force Mar. 21, 1994
Article 6 Education, Training and Public Awareness
In carrying out their commitments under Article 4,
paragraph 1(i), the Parties shall:
(a) Promote and facilitate at the national and, as
appropriate, sub regional and regional levels, and in accordance
with national laws and regulations, and within their respective
capacities:
(i) The development and implementation of educational
and public awareness programmes on climate change and its effects;
(ii) Public access to information on climate change
and its effects;
(iii) Public participation in addressing climate change
and its effects and developing adequate responses; and
(iv) Training of scientific, technical and managerial
personnel.
(b) Cooperate in and promote, at the international
level, and, where appropriate, using existing bodies:
(i) The development and exchange of educational and
public awareness material on climate change and its effects; and
(ii) The development and implementation of education
and training programmes, including the strengthening of national
institutions and the exchange or secondment of personnel to train
experts in this field, in particular for developing countries.
Convention Concerning the Protection of the World Cultural
and Natural Heritage, adopted 23 November 1972, entered into force
Dec. 17, 1995
VI. Educational Programmes
Article 27
(1) The States Parties to this Convention shall endeavor
by all appropriate means, and in particular by educational and information
programmes, to strengthen appreciation and respect by their peoples
of the cultural and natural heritage defined in Articles 1 and 2
of the Convention.
(2) They shall undertake to keep the public broadly
informed of the dangers threatening this heritage and of the activities
carried on in pursuance of this Convention.
E. Communications
Some international treaties, especially in the human
rights field, establish procedures through which reports/communications
of treaty violations can be submitted to a treaty monitoring body
by States, interested groups or individuals. "Inter-state complaints"
are submitted by one State alleging violations by another State.
Often, the treaty will require a State to consent to the procedure
before another State can register such a complaint. In the context
of the Mine Ban Treaty, treaty provisions allow for inter-state
"clarifications" for the resolution of questions regarding State
implementation of the treaty. "Individual complaints" may also be
provided for in treaty provisions, although in some instances a
separate agreement may be established to provide for individuals
or groups to submit allegations of State violations. For example,
the International Covenant on Civil and Political Rights has a separate
Optional Protocol to which States may become a party in order to
allow for the possibility of individual communications. States parties
identified in a communication are usually given an opportunity to
respond, and then the relevant body examines the evidence and issues
a report. The report will usually comment on the veracity of the
claims alleged in the communication and what, if any, remedial measures
must be taken by the relevant States Parties. The degree of public
access to the communications, responses and reports varies between
treaties. The establishment of a communications procedure for an
international human rights treaty for people with disabilities could
provide a highly effective tool for people with disabilities to
participate in the oversight of the treaty implementation process.
Such a procedure might also provide an avenue for the personal redress
of human rights abuses committed under the treaty.
Inter-State Complaints
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 41
1. A State Party to the present Covenant may at any
time declare under this article that it recognizes the competence
of the Committee to receive and consider communications to the effect
that a State Party claims that another State Party is not fulfilling
its obligations under the present Covenant. Communications under
this article may be received and considered only if submitted by
a State Party which has made a declaration recognizing in regard
to itself the competence of the Committee. No communication shall
be received by the Committee if it concerns a State Party which
has not made such a declaration. Communications received under this
article shall be dealt with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers
that another State Party is not giving effect to the provisions
of the present Covenant, it may, by written communication, bring
the matter to the attention of that State Party. Within three months
after the receipt of the communication the receiving State shall
afford the State which sent the communication an explanation, or
any other statement in writing clarifying the matter which should
include, to the extent possible and pertinent, reference to domestic
procedures and remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction
of both States Parties concerned within six months after the receipt
by the receiving State of the initial communication, either State
shall have the right to refer the matter to the Committee, by notice
given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred
to it only after it has ascertained that all available domestic
remedies have been invoked and exhausted in the matter, in conformity
with the generally recognized principles of international law. This
shall not be the rule where the application of the remedies is unreasonably
prolonged;
(d) The Committee shall hold closed meetings when
examining communications under this article;
(e) Subject to the provisions of subparagraph (c),
the Committee shall make available its good offices to the States
Parties concerned with a view to a friendly solution of the matter
on the basis of respect for human rights and fundamental freedoms
as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may
call upon the States Parties concerned, referred to in subparagraph
(b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph
(b), shall have the right to be represented when the matter is being
considered in the Committee and to make submissions orally and/or
in writing;
(h) The Committee shall, within twelve months after
the date of receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph
(e) is reached, the Committee shall confine its report to a brief
statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph
(e) is not reached, the Committee shall confine its report to a
brief statement of the facts; the written submissions and record
of the oral submissions made by the States Parties concerned shall
be attached to the report. In every matter, the report shall be
communicated to the States Parties concerned.
2. The provisions of this article shall come into
force when ten States Parties to the present Covenant have made
declarations under paragraph I of this article. Such declarations
shall be deposited by the States Parties with the Secretary-General
of the United Nations, who shall transmit copies thereof to the
other States Parties. A declaration may be withdrawn at any time
by notification to the Secretary-General. Such a withdrawal shall
not prejudice the consideration of any matter which is the subject
of a communication already transmitted under this article; no further
communication by any State Party shall be received after the notification
of withdrawal of the declaration has been received by the Secretary-General,
unless the State Party concerned has made a new declaration.
Convention on the Prohibition of the use, stockpiling,
production and transfer of antipersonnel mines and on their destruction.
Adopted at Oslo, Norway on September 18, 1997, entered into force
Mar. 1, 1999
Article 8 Facilitation and clarification of compliance
1.The States Parties agree to consult and cooperate
with each other regarding the implementation of the provisions of
this Convention, and to work together in a spirit of cooperation
to facilitate compliance by States parties with their obligations
under this Convention.
2.If one or more States Parties wish to clarify and
seek to resolve questions relating to compliance with the provisions
of this Convention by another State Party, it may submit, through
the Secretary-General of the United Nations, a Request for Clarification
of that matter to that State Party. Such a request shall be accompanied
by all appropriate information. Each State Party shall refrain from
unfounded Requests for Clarification, care being taken to avoid
abuse. A State Party that receives a Request for Clarification shall
provide, through the Secretary-General of the United Nations, within
28 days to the requesting State Party all information which would
assist in clarifying this matter.
3.If the requesting State Party does not receive a
response through the Secretary-General of the United Nations within
that time period, or deems the response to the Request for Clarification
to be unsatisfactory, it may submit the matter through the Secretary-General
of the United Nations to the next Meeting of the States Parties.
The Secretary-General of the United Nations shall transmit the submission,
accompanied by all appropriate information pertaining to the Request
for Clarification, to all States Parties. All such information shall
be presented to the requested State Party which shall have the right
to respond.
4.Pending the convening of any meeting of the States
Parties, any of the States Parties concerned may request the Secretary-General
of the United Nations to exercise his or her good offices to facilitate
the clarification requested.
5.The requesting State Party may propose through the
Secretary-General of the United Nations the convening of a Special
Meeting of the States Parties to consider the matter. The Secretary-General
of the United Nations shall thereupon communicate this proposal
and all information submitted by the States Parties concerned, to
all States Parties with a request that they indicate whether they
favour a Special Meeting of the States Parties, for the purpose
of considering the matter. In the event that within 14 days from
the date of such communication, at least one-third of the States
Parties favours such a Special Meeting, the Secretary-General of
the United Nations shall convene this Special Meeting of the States
Parties within a further 14 days. A quorum for this Meeting shall
consist of a majority of States Parties.
6.The Meeting of the States Parties or the Special
Meeting of the States Parties, as the case may be, shall first determine
whether to consider the matter further, taking into account all
information submitted by the States Parties concerned. The Meeting
of the States Parties or the Special Meeting of the States Parties
shall make every effort to reach a decision by consensus. If despite
all efforts to that end no agreement has been reached, it shall
take this decision by a majority of States Parties present and voting.
7.All States Parties shall cooperate fully with the
Meeting of the States Parties or the Special Meeting of the States
Parties in the fulfillment of its review of the matter, including
any fact-finding missions that are authorized in accordance with
paragraph 8.
...
Individual Complaints
Optional Protocol to the International Covenant on
Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR
Supp. (No. 16) at 59, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 302,
entered into force Mar. 23, 1976
Article 1
A State Party to the Covenant that becomes a Party
to the present Protocol recognizes the competence of the Committee
to receive and consider communications from individuals subject
to its jurisdiction who claim to be victims of a violation by that
State Party of any of the rights set forth in the Covenant. No communication
shall be received by the Committee if it concerns a State Party
to the Covenant which is not a Party to the present Protocol.
Article 2
Subject to the provisions of article 1, individuals
who claim that any of their rights enumerated in the Covenant have
been violated and who have exhausted all available domestic remedies
may submit a written communication to the Committee for consideration.
Article 3
The Committee shall consider inadmissible any communication
under the present Protocol which is anonymous, or which it considers
to be an abuse of the right of submission of such communications
or to be incompatible with the provisions of the Covenant.
Article 4
1. Subject to the provisions of article 3, the Committee
shall bring any communications submitted to it under the present
Protocol to the attention of the State Party to the present Protocol
alleged to be violating any provision of the Covenant.
2. Within six months, the receiving State shall submit
to the Committee written explanations or statements clarifying the
matter and the remedy, if any, that may have been taken by that
State.
CATEGORY
V. IMPLEMENTING PROVISIONS Unlike the
substantive provisions that define the content of the human rights
obligations, the implementing provisions determine how the treaty
will take effect. For example, the implementing provisions determine
which States are eligible to become parties to the convention, how
those States may become parties, and how and when the treaty will
becoming binding against the States Parties. The implementing provisions
will also indicate whether and how States Parties can limit the
application of any of the substantive obligations to themselves.
This latter point is particularly important to examine, because
a treaty can be seriously compromised if States are able to make
extensive reservations that severely limit the application and implementation
of substantive provisions in a reserving State.
A. Signature
The signing of a convention by the authorized representative
of a State constitutes the first step towards a State becoming a
party to the convention. Having signed the treaty, the State is
not yet bound to abide by all the specific provisions of the treaty
even if the treaty has come into force. Instead, the State is bound
to abide by the object and purpose of the convention, i.e. the essential
character of the convention as usually expressed in the convention's
preambular text. This level of obligation is maintained until the
State either ratifies the treaty (causing it to assume responsibility
for all of the provisions for which it has not filed a valid reservation),
or sends notice that it is rejecting the treaty and has no intention
of ever ratifying it (thus releasing it from any obligation to abide
by the treaty). Multilateral treaties are usually open for signature
to a broad range of States, but it is possible for a treaty to be
restrictive so that, for example, only States members of a particular
inter-governmental organization (such as the United Nations or one
of its specialized agencies) may join.
Convention on the Elimination of All Forms of Discrimination
against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at
193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981
Article 25
1. The present Convention shall be open for signature
by all States.
2. The Secretary-General of the United Nations is
designated as the depositary of the present Convention...
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 48
1. The present Covenant is open for signature by any
State Member of the United Nations or member of any of its specialized
agencies, by any State Party to the Statute of the International
Court of Justice, and by any other State which has been invited
by the General Assembly of the United Nations to become a Party
to the present Covenant.
B. Ratification and Accession
Ratification refers to the act by which a State becomes
a member or "States Party" to a treaty within the period specified
by the treaty. Unless a process of accession is used to attain membership
(i.e. the period for signing a treaty has ended and a State instead
joins by depositing an instrument of accession with the appropriate
body). A State will usually sign the convention, and then send the
document to its governing legislature for ratification. The actual
process of ratification is governed by domestic laws, and so is
different in each country. If the time period has expired for signing
and ratifying the treaty, a process of accession can be used to
attain membership instead. Generally, this is done by a State depositing
an instrument of accession with the appropriate body.
Convention on the Prevention and Punishment of the
Crime of Genocide, 78 U.N.T.S. 277, entered into force Jan. 12,
1951
Article 11
The present Convention shall be open until 31 December
1949 for signature on behalf of any Member of the United Nations
and of any nonmember State to which an invitation to sign has been
addressed by the General Assembly.
The present Convention shall be ratified, and the
instruments of ratification shall be deposited with the Secretary-General
of the United Nations.
After 1 January 1950, the present Convention may be
acceded to on behalf of any Member of the United Nations and of
any non-member State which has received an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General
of the United Nations.
C. Reservations, Understandings and Declarations (RUDs)
Although some treaties do not permit the filing of
RUDs, most will permit States to file RUDs at the time they ratify
or accede to a convention. RUDs are tools used by States to limit
the scope of application of a convention, or to make clear how a
State interprets some aspect of the convention. For example, if
a provision of a treaty will violate a State's domestic constitutional
provisions, that State will usually file a reservation to the provision
so that the specified provision does not apply to the State and
cannot be enforced against it. If the reservation contravenes the
essential object and purpose of a treaty, then the reservation will
be invalid and the treaty provision in question will usually still
apply to the State. Treaties will often be divided up into derogable
and nonderogable provisions, so that States may make reservations
to certain treaty provisions, but not to others. While understandings
and declarations do not exempt the application of convention provisions
to a State, they do provide States with an opportunity to clarify
how they believe a particular provision should be interpreted. The
process of accepting or rejecting the RUDs of one State by another
is complicated and has implications for the relationship between
the two States in question (as well as spillover effects between
each of those States and other States). Rules regarding this process
can be found in the Vienna Convention on the Law of Treaties.
The United Nations Convention to Combat Desertification
(UNCCD), adopted June 17, 1994, entered into force Dec. 26, 1996
Article 37 Reservations
No reservations may be made to this Convention.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 51
1. The Secretary-General of the United Nations shall
receive and circulate to all States the text of reservations made
by States at the time of ratification or accession.
2. A reservation incompatible with the object and
purpose of the present Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification
to that effect addressed to the Secretary-General of the United
Nations, who shall then inform all States. Such notification shall
take effect on the date on which it is received by the Secretary-General.
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 5
1. Nothing in the present Covenant may be interpreted
as implying for any State, group or person any right to engage in
any activity or perform any act aimed at the destruction of any
of the rights and freedoms recognized herein or at their limitation
to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation
from any of the fundamental human rights recognized or existing
in any State Party to the present Covenant pursuant to law, conventions,
regulations or custom on the pretext that the present Covenant does
not recognize such rights or that it recognizes them to a lesser
extent.
D. Entry into Force
The treaty becomes fully enforceable upon States Parties
once it has "entered into force." Typically, a treaty will specify
how many States must become parties to the treaty before it enters
into force. If the specified number of States Parties is never reached,
then the treaty is never fully binding upon the States Parties.
If a State becomes a party to a treaty after the treaty has entered
into force, the treaty may enter into force immediately for that
new party, or it may enter into force at a later date depending
upon the provisions of the treaty. (e.g. ICCPR Art. 49(2).)
International Covenant on Civil and Political Rights,
G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc.
A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976
Article 49
1. The present Covenant shall enter into force three
months after the date of the deposit with the Secretary-General
of the United Nations of the thirty-fifth instrument of ratification
or instrument of accession.
2. For each State ratifying the present Covenant or
acceding to it after the deposit of the thirty-fifth instrument
of ratification or instrument of accession, the present Covenant
shall enter into force three months after the date of the deposit
of its own instrument of ratification or instrument of accession.
E. Duration and Withdrawal
A treaty will often specify the length of time for
which it will apply, be that a matter of years or indefinitely.
Some treaties specify that they will remain in force for a designated
number of years, at the end of which the States Parties may agree
to extend the duration of the treaty for an additional period. Other
treaties make no mention of duration and thus are deemed to last
indefinitely, or at least until such time as the States Parties
agree to abandon the treaty. Some treaties include provisions specifying
whether and how a States Party may withdraw from a treaty so that
the State is no longer bound by the terms of the treaty, although
this is less common for international human rights treaties.
Convention on the Prevention and Punishment of the
Crime of Genocide, 78 U.N.T.S. 277, entered into force Jan. 12,
1951
Article 14
The present Convention shall remain in effect for
a period of ten years as from the date of its coming into force.
It shall thereafter remain in force for successive
periods of five years for such Contracting Parties as have not denounced
it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification
addressed to the Secretary-General of the United Nations.
Article 15
If, as a result of denunciations, the number of Parties
to the present Convention should become less than sixteen, the Convention
shall cease to be in force as from the date on which the last of
these denunciations shall become effective.
Article 16
A request for the revision of the present Convention
may be made at any time by any Contracting Party by means of a notification
in writing addressed to the Secretary-General. The General Assembly
shall decide upon the steps, if any, to be taken in respect of such
request.
Convention on the Prohibition of the use, stockpiling,
production and transfer of antipersonnel mines and on their destruction.
Adopted at Oslo, Norway on September 18, 1997, entered into force
Mar. 1, 1999
Article 20
Duration and withdrawal
1. This Convention shall be of unlimited duration.
2. Each State Party shall, in exercising its national
sovereignty, have the right to withdraw from this Convention. It
shall give notice of such withdrawal to all other States Parties,
to the Depositary and to the United Nations Security Council. Such
instrument of withdrawal shall include a full explanation of the
reasons motivating this withdrawal.
3. Such withdrawal shall only take effect six months
after the receipt of the instrument of withdrawal by the Depositary.
If, however, on the expiry of that six-month period, the withdrawing
State Party is engaged in an armed conflict, the withdrawal shall
not take effect before the end of the armed conflict.
4. The withdrawal of a State Party from this Convention
shall not in any way affect the duty of States to continue fulfilling
the obligations assumed under any relevant rules of international
law.
F. Amendment
It is not uncommon for human rights treaties to foresee
the need for changes and additions to the obligations expressed
in the treaty. Thus, many treaties provide for an amendment procedure
to effect changes in the original treaty text. In some instances,
separate agreements in the form of optional protocols are later
adopted which do not act to amend the original treaty provisions,
but instead introduce new obligations developed in relationship
to the original treaty. Such optional protocols are themselves treaties
and are binding only upon those States that choose to become parties
to them.
Convention on the Rights of the Child, G.A. res. 44/25,
annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989),
entered into force Sept. 2, 1990
Article 50
1. Any State Party may propose an amendment and file
it with the Secretary-General of the United Nations. The Secretary-General
shall thereupon communicate the proposed amendment to States Parties,
with a request that they indicate whether they favour a conference
of States Parties for the purpose of considering and voting upon
the proposals. In the event that, within four months from the date
of such communication, at least one third of the States Parties
favour such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any amendment
adopted by a majority of States Parties present and voting at the
conference shall be submitted to the General Assembly for approval...
RESOURCES
For more detailed information concerning the
effort to draft an international treaty on the human rights of people
with disabilities, or international human rights law generally,
the following resources may be useful:
http://www.ncd.gov - National Council on Disability
website
http://www.sre.gob.mx/discapacidad - Office of the
Mexican President, offering information on the development of an
International Human Rights Convention for People with Disabilities
http://www1.umn.edu/humanrts - University of Minnesota
Human Rights Library website, offering online human rights documentation
http://www.un.org/esa/desa.htm - United Nations Department
of Economic and Social Affairs website, offering info on the UN
Program on Disability and disability specific resources
http://www.unhchr.ch - Office of the United Nations
High Commissioner for Human Rights
Gerard Quinn & Theresia Degener, et. al., "Human Rights
Are for All: A Study on the Current Use and Future Potential of
the UN Human Rights Instruments in the Context of Disability" (February
2002).
Theresia Degener & Yolan Koster-Dreese eds., Human
Rights and Disabled Persons: Essays and Relevant Human Rights Instruments
(Martinus Nijhoff Publishers 1995).
Theresia Degener & Gerard Quinn, A Survey of International,
Comparative and Regional Disability Law Reform (Disability Rights
and Education Defence Fund). Available at:
http://www.sre.gov.mx/discapacidad/papertdegener1.htm
Thomas Buergenthal, International Human Rights (West
1995).
Thomas Buergenthal, International Public Law (West
1990).
Hurst Hannum ed., Guide to International Human Rights
Practice (Transnational 1999).
Henry J. Steiner & Philip Alston eds., International
Human Rights in Context: Law, Politics, Morals (Oxford 2000).
ANNEX
The UN Standard Rules on the Equalization
of Opportunities for People With Disabilities (Standard Rules) is
a non-binding document, developed by the Commission on Social Development,
to serve as a blueprint for States' policy-making on disability
issues and to provide a common frame of reference among States.
Because it is a non-binding instrument, references and examples
from it are not included in the body of the reference tool which
is limited to sample provisions from international law. Its legal
status notwithstanding, the UN Standard Rules is a widely known
and frequently referenced document and has some valuable provisions
and language that should be considered by those involved in the
development of a convention on the rights of people with disabilities.
I. Reference page: 9-Subject: Stereotyping
The UN Standard Rules recognizes the risks associated
with stereotyping and, in Rule 1, outlines awareness-raising activities
to address stereotyping against people with disabilities.
Rule 1. Awareness-raising 1. States should take action
to raise awareness in society about persons with disabilities, their
rights, their needs, their potential and their contribution.
2. States should ensure that responsible authorities
distribute up-to-date information on available programmes and services
to persons with disabilities, their families, professionals in the
field and the general public. Information to persons with disabilities
should be presented in accessible form.
3. States should initiate and support information
campaigns concerning persons with disabilities and disability policies,
conveying the message that persons with disabilities are citizens
with the same rights and obligations as others, thus justifying
measures to remove all obstacles to full participation.
4. States should encourage the portrayal of persons
with disabilities by the mass media in a positive way; organizations
of persons with disabilities should be consulted on this matter.
5. States should ensure that public education programmes
reflect in all their aspects the principle of full participation
and equality.
6. States should invite persons with disabilities
and their families and organizations to participate in public education
programmes concerning disability matters.
7. States should encourage enterprises in the private
sector to include disability issues in all aspects of their activity.
8. States should initiate and promote programmes aimed
at raising the level of awareness of persons with disabilities concerning
their rights and potential. Increased self-reliance and empowerment
will assist persons with disabilities to take advantage of the opportunities
available to them.
9. Awareness-raising should be an important part of
the education of children with disabilities and in rehabilitation
programmes. Persons with disabilities could also assist one another
in awareness-raising through the activities of their own organizations.
10. Awareness-raising should be part of the education
of all children and should be a component of teacher-training courses
and training of all professionals.
II. Reference Page: 10-Subject: Participation
The UN Standard Rules recognizes the importance of
participation in decisionmaking for people with disabilities and
in Rule 18 outlines the role of organizations of people with disabilities
in providing representation at all levels.
Rule 18. Organizations of persons with disabilities
States should recognize the right of the organizations
of persons with disabilities to represent persons with disabilities
at national, regional and local levels. States should also recognize
the advisory role of organizations of persons with disabilities
in decision-making on disability matters.
1. States should encourage and support economically
and in other ways the formation and strengthening of organizations
of persons with disabilities, family members and/or advocates. States
should recognize that those organizations have a role to play in
the development of disability policy.
2. States should establish ongoing communication with
organizations of persons with disabilities and ensure their participation
in the development of government policies.
3. The role of organizations of persons with disabilities
could be to identify needs and priorities, to participate in the
planning, implementation and evaluation of services and measures
concerning the lives of persons with disabilities, and to contribute
to public awareness and to advocate change.
4. As instruments of self-help, organizations of persons
with disabilities provide and promote opportunities for the development
of skills in various fields, mutual support among members and information
sharing.
5. Organizations of persons with disabilities could
perform their advisory role in many different ways such as having
permanent representation on boards of government-funded agencies,
serving on public commissions and providing expert knowledge on
different projects.
6. The advisory role of organizations of persons with
disabilities should be ongoing in order to develop and deepen the
exchange of views and information between the State and the organizations.
7. Organizations should be permanently represented
on the national coordinating committee or similar bodies.
8. The role of local organizations of persons with
disabilities should be developed and strengthened to ensure that
they influence matters at the community level.
III. Reference Page: 14-Subject: Sexual Exploitation
and Related Abuses
Rule 9 of the UN Standard Rules specifically calls
for States to take measures to decrease the incidences of abuse,
and to educate people on how to identify victims of abuse and take
action to report such abuse.
Rule 9. Family life and personal integrity
States should promote the full participation of persons
with disabilities in family life. They should promote their right
to personal integrity and ensure that laws do not discriminate against
persons with disabilities with respect to sexual relationships,
marriage and parenthood.
1. Persons with disabilities should be enabled to
live with their families. States should encourage the inclusion
in family counselling of appropriate modules regarding disability
and its effects on family life. Respite-care and attendant-care
services should be made available to families which include a person
with disabilities. States should remove all unnecessary obstacles
to persons who want to foster or adopt a child or adult with disabilities.
2. Persons with disabilities must not be denied the
opportunity to experience their sexuality, have sexual relationships
and experience parenthood. Taking into account that persons with
disabilities may experience difficulties in getting married and
setting up a family, States should encourage the availability of
appropriate counselling. Persons with disabilities must have the
same access as others to family-planning methods, as well as to
information in accessible form on the sexual functioning of their
bodies.
3. States should promote measures to change negative
attitudes towards marriage, sexuality and parenthood of persons
with disabilities, especially of girls and women with disabilities,
which still prevail in society. The media should be encouraged to
play an important role in removing such negative attitudes.
4. Persons with disabilities and their families need
to be fully informed about taking precautions against sexual and
other forms of abuse. Persons with disabilities are particularly
vulnerable to abuse in the family, community or institutions and
need to be educated on how to avoid the occurrence of abuse, recognize
when abuse has occurred and report on such acts.
IV.Reference Page: 26-Subject: Medical Care/Health/Rehabilitation
The UN Standard Rules, in Rules 2, 3, and 4, outline preconditions
for equal participation in society in the areas of medical care,
rehabilitation and support services.
Rule 2. Medical care
States should ensure the provision of effective medical
care to persons with disabilities.
1. States should work towards the provision of programmes
run by multidisciplinary teams of professionals for early detection,
assessment and treatment of impairment. This could prevent, reduce
or eliminate disabling effects. Such programmes should ensure the
full participation of persons with disabilities and their families
at the individual level, and of organizations of persons with disabilities
at the planning and evaluation level.
2. Local community workers should be trained to participate
in areas such as early detection of impairments, the provision of
primary assistance and referral to appropriate services.
3. States should ensure that persons with disabilities,
particularly infants and children, are provided with the same level
of medical care within the same system as other members of society.
4. States should ensure that all medical and paramedical
personnel are adequately trained and equipped to give medical care
to persons with disabilities and that they have access to relevant
treatment methods and technology.
5. States should ensure that medical, paramedical
and related personnel are adequately trained so that they do not
give inappropriate advice to parents, thus restricting options for
their children. This training should be an ongoing process and should
be based on the latest information available.
6. States should ensure that persons with disabilities
are provided with any regular treatment and medicines they may need
to preserve or improve their level of functioning.
Rule 3. Rehabilitation
States should ensure the provision of rehabilitation
services to persons with disabilities in order for them to reach
and sustain their optimum level of independence and functioning.
1. States should develop national rehabilitation programmes
for all groups of persons with disabilities. Such programmes should
be based on the actual individual needs of persons with disabilities
and on the principles of full participation and equality.
2. Such programmes should include a wide range of
activities, such as basic skills training to improve or compensate
for an affected function, counselling of persons with disabilities
and their families, developing selfreliance, and occasional services
such as assessment and guidance.
3. All persons with disabilities, including persons
with severe and/or multiple disabilities, who require rehabilitation
should have access to it. 4. Persons with disabilities and their
families should be able to participate in the design and organization
of rehabilitation services concerning themselves.
5. All rehabilitation services should be available
in the local community where the person with disabilities lives.
However, in some instances, in order to attain a certain training
objective, special time-limited rehabilitation courses may be organized,
where appropriate, in residential form. 6. Persons with disabilities
and their families should be encouraged to involve themselves in
rehabilitation, for instance as trained teachers, instructors or
counsellors.
7. States should draw upon the expertise of organizations
of persons with disabilities when formulating or evaluating rehabilitation
programmes.
Rule 4. Support services
States should ensure the development and supply of
support services, including assistive devices for persons with disabilities,
to assist them to increase their level of independence in their
daily living and to exercise their rights.
1. States should ensure the provision of assistive
devices and equipment, personal assistance and interpreter services,
according to the needs of persons with disabilities, as important
measures to achieve the equalization of opportunities.
2. States should support the development, production,
distribution and servicing of assistive devices and equipment and
the dissemination of knowledge about them.
3. To achieve this, generally available technical
know-how should be utilized. In States where high-technology industry
is available, it should be fully utilized to improve the standard
and effectiveness of assistive devices and equipment. It is important
to stimulate the development and production of simple and inexpensive
devices, using local material and local production facilities when
possible. Persons with disabilities themselves could be involved
in the production of those devices.
4. States should recognize that all persons with disabilities
who need assistive devices should have access to them as appropriate,
including financial accessibility. This may mean that assistive
devices and equipment should be provided free of charge or at such
a low price that persons with disabilities or their families can
afford to buy them.
5. In rehabilitation programmes for the provision
of assistive devices and equipment, States should consider the special
requirements of girls and boys with disabilities concerning the
design, durability and age-appropriateness of assistive devices
and equipment.
6. States should support the development and provision
of personal assistance programmes and interpretation services, especially
for persons with severe and/or multiple disabilities. Such programmes
would increase the level of participation of persons with disabilities
in everyday life at home, at work, in school and during leisure-time
activities.
7. Personal assistance programmes should be designed
in such a way that the persons with disabilities using the programmes
have a decisive influence on the way in which the programmes are
delivered.
V. Subject: Employment/Social Security/Income Maintenance
Rules 7 and 8 of the UN Standard Rules outline some
of the issues relating to employment and income maintenance for
people with disabilities.
Rule 7. Employment
States should recognize the principle that persons
with disabilities must be empowered to exercise their human rights,
particularly in the field of employment. In both rural and urban
areas they must have equal opportunities for productive and gainful
employment in the labour market.
1. Laws and regulations in the employment field must
not discriminate against persons with disabilities and must not
raise obstacles to their employment.
2. States should actively support the integration
of persons with disabilities into open employment. This active support
could occur through a variety of measures, such as vocational training,
incentive-oriented quota schemes, reserved or designated employment,
loans or grants for small business, exclusive contracts or priority
production rights, tax concessions, contract compliance or other
technical or financial assistance to enterprises employing workers
with disabilities. States should also encourage employers to make
reasonable adjustments to accommodate persons with disabilities.
3. States' action programmes should include:
a. Measures to design and adapt workplaces and work
premises in such a way that they become accessible to persons with
different disabilities;
b. Support for the use of new technologies and the
development and production of assistive devices, tools and equipment
and measures to facilitate access to such devices and equipment
for persons with disabilities to enable them to gain and maintain
employment;
c. Provision of appropriate training and placement
and ongoing support such as personal assistance and interpreter
services.
4. States should initiate and support public awareness-raising
campaigns designed to overcome negative attitudes and prejudices
concerning workers with disabilities.
5. In their capacity as employers, States should create
favourable conditions for the employment of persons with disabilities
in the public sector.
6. States, workers' organizations and employers should
cooperate to ensure equitable recruitment and promotion policies,
employment conditions, rates of pay, measures to improve the work
environment in order to prevent injuries and impairments and measures
for the rehabilitation of employees who have sustained employment-related
injuries.
7. The aim should always be for persons with disabilities
to obtain employment in the open labour market. For persons with
disabilities whose needs cannot be met in open employment, small
units of sheltered or supported employment may be an alternative.
It is important that the quality of such programmes be assessed
in terms of their relevance and sufficiency in providing opportunities
for persons with disabilities to gain employment in the labour market.
8. Measures should be taken to include persons with
disabilities in training and employment programmes in the private
and informal sectors.1.
9. States, workers' organizations and employers should
cooperate with organizations of persons with disabilities concerning
all measures to create training and employment opportunities, including
flexible hours, part-time work, job-sharing, self-employment and
attendant care for persons with disabilities.
Rule 8. Income maintenance and social security
States are responsible for the provision of social
security and income maintenance for persons with disabilities.
1. States should ensure the provision of adequate
income support to persons with disabilities who, owing to disability
or disability-related factors, have temporarily lost or received
a reduction in their income or have been denied employment opportunities.
States should ensure that the provision of support takes into account
the costs frequently incurred by persons with disabilities and their
families as a result of the disability.
2. In countries where social security, social insurance
or other social welfare schemes exist or are being developed for
the general population, States should ensure that such systems do
not exclude or discriminate against persons with disabilities.
3. States should also ensure the provision of income
support and social security protection to individuals who undertake
the care of a person with a disability.
4. Social security systems should include incentives
to restore the income-earning capacity of persons with disabilities.
Such systems should provide or contribute to the organization, development
and financing of vocational training. They should also assist with
placement services.
5. Social security programmes should also provide
incentives for persons with disabilities to seek employment in order
to establish or re-establish their income-earning capacity.
6. Income support should be maintained as long as
the disabling conditions remain in a manner that does not discourage
persons with disabilities from seeking employment. It should only
be reduced or terminated when persons with disabilities achieve
adequate and secure income.
7. States, in countries where social security is to
a large extent provided by the private sector, should encourage
local communities, welfare organizations and families to develop
self-help measures and incentives for employment or employment-related
activities for persons with disabilities.
VI. Subject: Education
Rule 6 of the UN Standard Rules emphasizes the need
for people with disabilities of all ages to exercise equal opportunities
in accessing primary, secondary and tertiary education.
Rule 6. Education
States should recognize the principle of equal primary,
secondary and tertiary educational opportunities for children, youth
and adults with disabilities, in integrated settings. They should
ensure that the education of persons with disabilities is an integral
part of the educational system.
1. General educational authorities are responsible
for the education of persons with disabilities in integrated settings.
Education for persons with disabilities should form an integral
part of national educational planning, curriculum development and
school organization.
2. Education in mainstream schools presupposes the
provision of interpreter and other appropriate support services.
Adequate accessibility and support services, designed to meet the
needs of persons with different disabilities, should be provided.
3. Parent groups and organizations of persons with
disabilities should be involved in the education process at all
levels.
4. In States where education is compulsory it should
be provided to girls and boys with all kinds and all levels of disabilities,
including the most severe.
5. Special attention should be given in the following
areas:
a. Very young children with disabilities;
b. Pre-school children with disabilities;
c. Adults with disabilities, particularly women.
6. To accommodate educational provisions for persons
with disabilities in the mainstream, States should:
a. Have a clearly stated policy, understood and accepted
at the school level and by the wider community;
b. Allow for curriculum flexibility, addition and
adaptation;
c. Provide for quality materials, ongoing teacher
training and support teachers.
7. Integrated education and community-based programmes
should be seen as complementary approaches in providing cost-effective
education and training for persons with disabilities. National community-based
programmes should encourage communities to use and develop their
resources to provide local education to persons with disabilities.
8. In situations where the general school system does
not yet adequately meet the needs of all persons with disabilities,
special education may be considered. It should be aimed at preparing
students for education in the general school system. The quality
of such education should reflect the same standards and ambitions
as general education and should be closely linked to it. At a minimum,
students with disabilities should be afforded the same portion of
educational resources as students without disabilities. States should
aim for the gradual integration of special education services into
mainstream education. It is acknowledged that in some instances
special education may currently be considered to be the most appropriate
form of education for some students with disabilities.
9. Owing to the particular communication needs of
deaf and deaf/blind persons, their education may be more suitably
provided in schools for such persons or special classes and units
in mainstream schools. At the initial stage, in particular, special
attention needs to be focused on culturally sensitive instruction
that will result in effective communication skills and maximum independence
for people who are deaf or deaf/blind.
VII. Subject: Family
Rule 9 of the UN Standard Rules addresses a range
of issues relating to the right of people with disabilities to have
a family and the issue of personal integrity. It is essential that
human rights law be strengthened in how it addresses these matters.
Rule 9. Family life and personal integrity
States should promote the full participation of persons
with disabilities in family life. They should promote their right
to personal integrity and ensure that laws do not discriminate against
persons with disabilities with respect to sexual relationships,
marriage and parenthood.
1. Persons with disabilities should be enabled to
live with their families. States should encourage the inclusion
in family counselling of appropriate modules regarding disability
and its effects on family life. Respite-care and attendant-care
services should be made available to families which include a person
with disabilities. States should remove all unnecessary obstacles
to persons who want to foster or adopt a child or adult with disabilities.
2. Persons with disabilities must not be denied the
opportunity to experience their sexuality, have sexual relationships
and experience parenthood. Taking into account that persons with
disabilities may experience difficulties in getting married and
setting up a family, States should encourage the availability of
appropriate counselling. Persons with disabilities must have the
same access as others to family-planning methods, as well as to
information in accessible form on the sexual functioning of their
bodies.
3. States should promote measures to change negative
attitudes towards marriage, sexuality and parenthood of persons
with disabilities, especially of girls and women with disabilities,
which still prevail in society. The media should be encouraged to
play an important role in removing such negative attitudes.
4. Persons with disabilities and their families need
to be fully informed about taking precautions against sexual and
other forms of abuse. Persons with disabilities are particularly
vulnerable to abuse in the family, community or institutions and
need to be educated on how to avoid the occurrence of abuse, recognize
when abuse has occurred and report on such acts.
VIII. Subject: Culture and Religion
Rule 10 of the UN Standard Rules outlines State obligations
to ensure the participation of people with disabilities in cultural
activities. Rule 11 addresses the equal participation of people
with disabilities in religious life.
Rule 10. Culture
States will ensure that persons with disabilities
are integrated into and can participate in cultural activities on
an equal basis.
1. States should ensure that persons with disabilities
have the opportunity to utilize their creative, artistic and intellectual
potential, not only for their own benefit, but also for the enrichment
of their community, be they in urban or rural areas. Examples of
such activities are dance, music, literature, theatre, plastic arts,
painting and sculpture. Particularly in developing countries, emphasis
should be placed on traditional and contemporary art forms, such
as puppetry, recitation and story-telling.
2. States should promote the accessibility to and
availability of places for cultural performances and services, such
as theatres, museums, cinemas and libraries, to persons with disabilities.
3. States should initiate the development and use
of special technical arrangements to make literature, films and
theatre accessible to persons with disabilities.
Rule 11. Recreation and sports
States will take measures to ensure that persons with
disabilities have equal opportunities for recreation and sports.
1. States should initiate measures to make places
for recreation and sports, hotels, beaches, sports arenas, gym halls,
etc., accessible to persons with disabilities. Such measures should
encompass support for staff in recreation and sports programmes,
including projects to develop methods of accessibility, and participation,
information and training programmes.
2. Tourist authorities, travel agencies, hotels, voluntary
organizations and others involved in organizing recreational activities
or travel opportunities should offer their services to all, taking
into account the special needs of persons with disabilities. Suitable
training should be provided to assist that process.
3. Sports organizations should be encouraged to develop
opportunities for participation by persons with disabilities in
sports activities. In some cases, accessibility measures could be
enough to open up opportunities for participation. In other cases,
special arrangements or special games would be needed. States should
support the participation of persons with disabilities in national
and international events.
4. Persons with disabilities participating in sports
activities should have access to instruction and training of the
same quality as other participants.
5. Organizers of sports and recreation should consult
with organizations of persons with disabilities when developing
their services for persons with disabilities.
IX. Subject: Public Education and Training
In the context of disability, public education and
awareness features as a central component and precondition to equalizing
the opportunities of disabled people and is recognized as such in
Rule 1 of the UN Standard Rules.
Rule 1. Awareness-raising
States should take action to raise awareness in society
about persons with disabilities, their rights, their needs, their
potential and their contribution.
1. States should ensure that responsible authorities
distribute up-to-date information on available programmes and services
to persons with disabilities, their families, professionals in the
field and the general public. Information to persons with disabilities
should be presented in accessible form.
2. States should initiate and support information
campaigns concerning persons with disabilities and disability policies,
conveying the message that persons with disabilities are citizens
with the same rights and obligations as others, thus justifying
measures to remove all obstacles to full participation.
3. States should encourage the portrayal of persons
with disabilities by the mass media in a positive way; organizations
of persons with disabilities should be consulted on this matter.
4. States should ensure that public education programmes
reflect in all their aspects the principle of full participation
and equality.
5. States should invite persons with disabilities
and their families and organizations to participate in public education
programmes concerning disability matters.
6. States should encourage enterprises in the private
sector to include disability issues in all aspects of their activity.
7. States should initiate and promote programmes aimed
at raising the level of awareness of persons with disabilities concerning
their rights and potential. Increased self-reliance and empowerment
will assist persons with disabilities to take advantage of the opportunities
available to them.
8. Awareness-raising should be an important part of
the education of children with disabilities and in rehabilitation
programmes. Persons with disabilities could also assist one another
in awareness-raising through the activities of their own organizations.
9. Awareness-raising should be part of the education
of all children and should be a component of teacher-training courses
and training of all professionals.
APPENDIX
Mission of the National Council on Disability
Overview and Purpose
The National Council on Disability (NCD) is an independent
federal agency with 15 members appointed by the President of the
United States and confirmed by the US Senate. The overall purpose
of NCD is to promote policies, programs, practices, and procedures
that guarantee equal opportunity for all individuals with disabilities,
regardless of the nature or significance of the disability, and
to empower individuals with disabilities to achieve economic self-sufficiency,
independent living, and inclusion and integration into all aspects
of society.
Specific Duties
The current statutory mandate of NCD includes the
following:
- Reviewing and evaluating, on a continuing basis,
policies, programs, practices,and procedures concerning individuals
with disabilities conducted or assisted by federal departments
and agencies, including programs established or assisted under
the Rehabilitation Act of 1973, as amended, or under the Developmental
Disabilities Assistance and Bill of Rights Act, as well as all
statutes and regulations pertaining to federal programs that assist
such individuals with disabilities, in order to assess the effectiveness
of such policies, programs, practices, procedures, statutes, and
regulations in meeting the needs of individuals with disabilities.
- Reviewing and evaluating, on a continuing basis,
new and emerging disability policy issues affecting individuals
with disabilities at the federal, state, and local levels and
in the private sector, including the need for and coordination
of adult services, access to personal assistance services, school
reform efforts, and the impact of such efforts on individuals
with disabilities, access to health care, and policies that act
as disincentives for individuals to seek and retain employment.
- Making recommendations to the President, Congress,
the Secretary of Education, the director of the National Institute
on Disability and Rehabilitation Research, and other officials
of federal agencies about ways to better promote equal opportunity,
economic self-sufficiency, independent living, and inclusion and
integration into all aspects of society for Americans with disabilities.
- Providing Congress, on a continuing basis, with
advice, recommendations, legislative proposals, and any additional
information that NCD or Congress deems appropriate.
- Gathering information about the implementation,
effectiveness, and impact of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
- Advising the President, Congress, the commissioner
of the Rehabilitation Services Administration, the Assistant Secretary
for Special Education and Rehabilitative Services within the Department
of Education, and the director of the National Institute on Disability
and Rehabilitation Research on the development of the programs
to be carried out under the Rehabilitation Act of 1973, as amended.
- Providing advice to the commissioner of the Rehabilitation
Services Administration with respect to the policies and conduct
of the administration.
- Making recommendations to the director of the National
Institute on Disability and Rehabilitation Research on ways to
improve research, service, administration, and the collection,
dissemination, and implementation of research findings affecting
persons with disabilities.
- Providing advice regarding priorities for the activities
of the Interagency Disability Coordinating Council and reviewing
the recommendations of this council for legislative and administrative
changes to ensure that such recommendations are consistent with
NCD's purpose of promoting the full integration, independence,
and productivity of individuals with disabilities.
- Preparing and submitting to the President and Congress
an annual report titled National Disability Policy: A Progress
Report.
International
In 1995, NCD was designated by the Department of State
to be the US government's official contact point for disability
issues. Specifically, NCD interacts with the Special Rapporteur
of the United Nations Commission for Social Development on disability
matters.
Consumers Served and Current Activities
Although many government agencies deal with issues
and programs affecting people with disabilities, NCD is the only
federal agency charged with addressing, analyzing, and making recommendations
on issues of public policy that affect people with disabilities
regardless of age, disability type, perceived employment potential,
economic need, specific functional ability, veteran status, or other
individual circumstance. NCD recognizes its unique opportunity to
facilitate independent living, community integration, and employment
opportunities for people with disabilities by ensuring an informed
and coordinated approach to addressing the concerns of people with
disabilities and eliminating barriers to their active participation
in community and family life. NCD plays a major role in developing
disability policy in America. In fact, NCD originally proposed what
eventually became the Americans with Disabilities Act. NCD's present
list of key issues includes improving personal assistance services,
promoting health care reform, including students with disabilities
in high-quality programs in typical neighborhood schools, promoting
equal employment and community housing opportunities, monitoring
the implementation of the ADA,improving assistive technology, and
ensuring that those persons with disabilities who are members of
diverse cultures fully participate in society.
Statutory History
NCD was initially established in 1978 as an advisory
board within the Department of Education (P.L. 95-602). The Rehabilitation
Act Amendments of 1984 (P.L. 98-221) transformed NCD into an independent
agency. |