International Initiatives for Protecting the Rights of Persons with Disability

The many rights of people with disabilities, the significance of protecting those rights, and international actions for the protection of those rights are explored in this blog. Among these is an in-depth discussion of the UN convention on the rights of people with disabilities.

After completing this blog, the reader will:

  • To get a general understanding of the rights of people with disabilities
  • Gain a sufficient understanding of the significance of defending the rights of people with disabilities.
  • Recognize the significant global actions adopted to safeguard people with disabilities
  • Recognize and be familiar with the rights and provisions outlined in the 2007 United Nations (UN) convention on the rights of people with disabilities

Contents

  1. Introduction
  2. Convention on the Rights of Persons with Disabilities by the United Nations
  3. International Disability Rights Monitor (IDRM) in United Nations

Introduction

Disability is not a hindrance to exercising one's rights as an individual. A disabled person has the same rights that a healthy person does. Some of these worldwide initiatives to take into account the rights of people with disabilities include the 2007 Convention on the Rights of Persons with Disabilities and the International Disability Rights Monitor (IDRM) at the United Nations.

Convention on the Rights of Persons with Disabilities by the United Nations

The Convention aims to advance respect for the inherent dignity of all people with disabilities by promoting, defending, and ensuring their full and equal enjoyment of all human rights and basic freedoms. The convention described people with disabilities as having long-term physical, mental, intellectual, or sensory impairments that, when combined with other obstacles, may prevent them from fully and equally participating in society.
The fundamental tenet of this convention is to,
  • Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons; 
  • Non-discrimination; 
  • Full and effective participation and inclusion in society; 
  • Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; 
  • Equality of opportunity; 
  • Accessibility; 
  • Equality between men and women; 
  • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
The article 4 of the convention speaks about the general obligations of the states. This includes,
  • States Parties commit to ensuring and advancing the full fulfilment of the fundamental liberties and rights for all people with disabilities, free from any form of disability-based discrimination. States Parties take the following actions to achieve this goal:
    (a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;
    (b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;
    (c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;
    (d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;
    (e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
    (f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;
    (g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;
    (h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
    (i) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.
Without affecting the obligations outlined in the present Convention that are immediately applicable under international law, each State Party agrees to take the necessary steps to realise economic, social, and cultural rights to the fullest extent possible. This commitment is made without prejudice to the obligations outlined in the present Convention that are immediately applicable under international law. States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organisations, in the development and implementation of legislation and policies to implement the present Convention as well as in other decision-making processes regarding issues relating to persons with disabilities.

The treaty guarantees people with disabilities equality and protection from discrimination. Women with disabilities and disabled children were given special consideration. One of the main goals of the conference was to raise awareness of disability, particularly to challenge stereotypes, prejudices, and harmful behaviours pertaining to people with disabilities, including those based on sex and age, in all facets of life. 

The following list highlights some of the key rights outlined in the UN convention on the rights of people with disabilities.
  • Right to Accessibility- Article 9 
  • Right to life- Article 10 
  • Situations of risk and humanitarian emergencies- Article 11 
  • Equal recognition before the law- Article 12 
  • Access to justice- Article 13
  • Liberty and security of the person- Article 14 
  • Freedom from torture or cruel, inhuman or degrading treatment or punishmentArticle 15 
  • Freedom from exploitation, violence and abuse- Article 16 
  • Protecting the integrity of the person- Article 17 
  • Liberty of movement and nationality- Article 18 
  • Living independently and being included in the community- Article 19
  • Personal mobility- Article 20 
  • Freedom of expression and opinion, and access to information- Article 21 
  • Respect for privacy- Article 22 
  • Respect for home and the family-Article 23 
  • Right to Education- Article 24 
  • Right to Health- Article 25 
  • Habilitation and rehabilitation- Article 26
  • Right to Work and employment - Article 27
  • Right to have adequate standard of living and social protection- Article 28
  • Right to participation in political and public life- Article 29
  • Participation in cultural life, recreation, leisure and sport-Article 30 

International Disability Rights Monitor (IDRM) in United Nations

The International Disability Rights Monitor (IDRM) is a project that seeks to encourage the full inclusion and involvement of individuals with disabilities in all facets of life on a global scale. The International Disability Rights Monitor (IDRM) project's goals are to advance the use of international humanitarian law to ensure that the rights of people with disabilities are respected and upheld as well as to promote the full inclusion and participation of people with disabilities in society. In order to analyse the conditions of people with disabilities and the ongoing human rights breaches that are a part of their everyday lives, the IDRM, which was founded by Dr. William Kennedy Smith in 2003, relies on a grassroots network of researchers in more than 30 countries worldwide. The talks that resulted in the UN Convention were actively participated in by members of the IDRM team.

The CRPD seeks to enhance living conditions and employment possibilities for the 650 million persons with disabilities who live in the globe. These goals are completely in line with IDRM's mandate, which is to apply international humanitarian law to ensure that the rights of people with disabilities are respected and upheld. Working hand in hand with other global disability organizations, the IDRM is being developed into a grassroots initiative that counts on researchers from all over the world to assess the situation of those who live with disabilities and the ongoing human rights abuses that frequently occur in their daily lives. The International Disability Rights Compendium (2003), the Regional Report of the Americas (2004), International Disability Rights: An Overview and Comparative Analysis of International and National Initiatives to Promote and Protect the Rights of Persons with Disabilities (2005), the Regional Report of Asia (2005), Disability and Early Tsunami Relief Efforts in India, Indonesia, and Thailand (2005), and International Disability Rights: An Overview and Comparative Analysis of International and National Initiatives to Promote and Protect the Rights of Persons with Disabilities (2006) (2007). These reports not only offer data that cannot be found anywhere else in the globe, but the 2004 and 2005 reports also greatly influenced the adoption of the CRPD.

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