The UN Convention on the Rights of People with Disabilities: An opportunity to develop inclusion and disability rights around the world.

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The UN Convention on the Rights of People with
Disabilities An opportunity to develop inclusion
and disability rights around the world.

• Richard Rieser
• Equality 2025/ BCODP Rep to UN
• E mail r.rieser_at_diseed.org.uk

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The Message is in the Process

• 8 meetings over 5 years
• First international treaty where the people it is
  about were part of making it.
• Treaty was made by consensus
• 118 countries were involved in the last session
• Over 80 disabled people were part of state
  delegations
• Adopted by General Assembly 13th December 2006
• Adopted by 82 countries 30th March 2007

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International Collaboration

• International Disability Alliance-8 disability
  organisation recognised for permanent
  consultative status by UN formed core.
• International Disability Caucus IDC had 100
  disability organisations.
• Policy made in e-mail discussion groups.
• South was under represented-Project South and
  some subsidised places from UN
• IDA has now agreed to admit regional bodies such
  as European Disability Forum, Arab Disability
  Organisation, Latin American and the Asia/Pacific
  Forum.

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Why a Treaty?

• Universal Declaration Human Rights not being
  applied to disabled people.
• Standard Rules on Equalisation of Opportunities
  for Disabled People 1992 not legally binding.
• Wide range of human rights abuses for disabled
  people- DDA identified 2.8 million human rights
  abuses of disabled people in the last 15 years.
• Needed a legally binding Treaty

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Relatively Speedy Process

• 1947 Declaration Human Rights
• First document UN (1971)
• World year of disabled persons (1981)
• World Action Programme (1982-1992)
• Standard Rules (1993)
• Convention on the rights of persons with
  disabilities (2006)

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Purpose Article 1

• Is to promote, protect and ensure full and equal
  enjoyment of all human rights and fundamental
  freedoms by all persons with disabilities and to
  promote respect and inherent dignity.
• Persons with disabilities include those who have
  long term physical, mental, intellectual or
  sensory impairments which in interaction with
  various barriers may hinder their full and
  effective participation in society on an equal
  basis with others.

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Convention is based on a Paradigm Shift to Social
Model Thinking

• Recognizing that disability is an evolving
  concept and that disability results from the
  interaction of persons with impairments and
  attitudinal and environmental barriers that
  hinders their full and effective participation in
  society on an equal basis with others. Preamble

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Change of framework

• From Medical Model of Disability ? Problem in
  the Person.
• Cure, Fix or Separate

• To Social Model of Disability based on Human
  Rights approach- Problem with Society that needs
  to be changed.
• Attitudes
• Organisation
• Environments

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International Classification of Functioning
Disability and Health - ICF

• The condition of persons with specific
  characteristics depend from social and individual
  factors
• Disability isnt an health condition
• Disability is an ordinary condition of all human
  being

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Treaty more progressive than expected!

• Separate article for women and twin track
• Separate article for children-recognise evolving
  capacity-twin track
• Educationstates ensure an inclusive education
  system
• International Cooperation
• Monitoring Body-12-18 with including experts with
  disabilities
• Countries have to report on position disabled
  people within 2 years of ratification.
• Optional protocol for individual / voluntary
  groups

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Problems

• Loss of sexual reproductive services and cultural
  discrimination emphasis of family
• Foreign Occupations in Preamble
• Progressive realisation of social and economic
  rights
• Mental Capacity- moving from guardianship to
  assisted decision making
• A number of countries will reserve on this.
• Get your copy-www. Un enable

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Condition of Disabled People in European Union

• 50 millions
• in 27 countries
• 650 million aound the world.

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What is the position of disabled people.

• UNESCO identifies only 3 of disabled children
  complete primary education in the majority world.
• 500,00 disabled people are still living in 2500
  mega institutions in EU.(2004)
• 2 million disabled children are in
  hospitals/institutions in Ex-Soviet republics and
  eastern Europe.(2006)
• 70 disabled adults of working age not working
  across Europe. (Eurostat 2003)
• Infant mortality rates are much higher inmajority
  world for disabled children under 5 than
  non-disabled.(WHO)

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Article 3-General Principles

• The principles of the present Convention shall
  be
• (a) Respect for inherent dignity, individual
  autonomy including the freedom to make ones own
  choices, and independence of persons
• (b) Non-discrimination
• (c) Full and effective participation and
  inclusion in society
• (d) Respect for difference and acceptance of
  persons with disabilities as part of human
  diversity and humanity
• (e) Equality of opportunity
• (f) Accessibility
• (g) Equality between men and women
• (h) Respect for the evolving capacities of
  children with disabilities and respect for the
  right of children with disabilities to preserve
  their identities.
•  

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Article 8 Awareness Raising

• 1. States Parties undertake to adopt immediate,
  effective and appropriate measures
• (a) To raise awareness throughout society,
  including at the family level, regarding persons
  with disabilities, and to foster respect for the
  rights and dignity of persons with disabilities
• (b) To combat stereotypes, prejudices and harmful
  practices relating to persons with disabilities,
  including those based on sex and age, in all
  areas of life
• (c) To promote awareness of the capabilities and
  contributions of persons with disabilities.
• 2. Measures to this end include
• (a) Initiating and maintaining effective public
  awareness campaigns designed
• (i) To nurture receptiveness to the rights of
  persons with disabilities
• (ii) To promote positive perceptions and greater
  social awareness towards persons with
  disabilities
• (iii) To promote recognition of the skills,
  merits and abilities of persons with
  disabilities, and of their contributions to the
  workplace and the labour market
• (b) Fostering at all levels of the education
  system, including in all children from an early
  age, an attitude of respect for the rights of
  persons with disabilities
• (c) Encouraging all organs of the media to
  portray persons with disabilities in a manner
  consistent with the purpose of the present
  Convention
• (d) Promoting awareness-training programmes
  regarding persons with disabilities and the
  rights of persons with disabilities.

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Article 9 Accessibility

• To enable persons with disabilities to live
  independently and participate fully in all
  aspects of life, States Parties shall take
  appropriate measures to ensure to persons
• with disabilities access, on an equal basis
  with others, to the physical environment, to
  transportation, to information and
  communications, including information and
  communications technologies and systems, and to
  other facilities and services open or provided to
  the public, both in urban and in rural areas.

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Article 12Equal recognition before the law

• 1. States Parties reaffirm that persons with
  disabilities have the right to recognition
  everywhere as persons before the law.
• 2. States Parties shall recognize that persons
  with disabilities enjoy legal capacity on an
  equal basis with others in all aspects of life.
• 3. States Parties shall take appropriate measures
  to provide access by persons with disabilities to
  the support they may require in exercising their
  legal capacity.
• 4. States Parties shall ensure that all measures
  that relate to the exercise of legal capacity
  provide for appropriate and effective safeguards
  to prevent abuse in accordance with international
  human rights law..

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Article 24 Education

• Requires all signatories to ensure all disabled
  children and young people can fully participate
  in the state education system and that this
  should be an inclusive education system at all
  levels
• The development by persons with disabilities of
  their personality, talents and creativity, as
  well as their mental and physical abilities, to
  their fullest potential.
• This right is to be delivered within an inclusive
  primary and secondary education system, from
  which disabled people should not be excluded.
• Reasonable accommodations should be provided for
  individual requirements and support provided in
  individualised programmes to facilitate their
  effective social and academic education.

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Article 27 Work and Employment

• States Parties recognize the right of persons
  with disabilities to work, on an equal basis with
  others this includes the right to the
  opportunity to gain a living by work freely
  chosen or accepted in a labour market and work
  environment that is open, inclusive and
  accessible to persons with disabilities.
• To have and retain work is a vital issue for
  people with disabilities. The aim of the UN
  Convention is that people with disabilities can
  exercise their right to work in the open labour
  market. This course is also pursued by the UN
  Standard Rules.

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Article 33 National implementation and
monitoring

• States Parties, in accordance with their system
  of organization, shall designate one or more
  focal points within government for matters
  relating to the implementation of the present..
• 2. States Parties shall, in accordance with
  their legal and administrative systems, maintain,
  strengthen, designate or establish within the
  State Party, a framework, including one or more
  independent mechanisms, as appropriate, to
  promote, protect and monitor implementation of
  the present Convention.
• 3. Civil society, in particular persons with
  disabilities and their representative
  organizations, shall be involved and participate
  fully in the monitoring process.

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Article 34

• International Cooperation
• North-South, South-South North-North
• Spread our expertise
• Develop Capacity
• Pressure our Government through DIfD to do so
• Disabled Trade Unionists.
• Use Equality 2025

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Involving Disabled People

• Article 4 - General obligations
• 3. In the development and implementation of
  legislation and policies to implement the present
  Convention, and in other decision-making
  processes concerning issues relating to persons
  with disabilities, States Parties shall closely
  consult with and actively involve persons with
  disabilities, including children with
  disabilities, through their representative
  organizations.

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EU horizontal Directive on disability

• Art. 44 Regional Integration Organisations can
  ratify Convention
• Collecting European data
• Building a monitoring system on areas of
  competences
• Unified implementation across EU
• Support campaign on
• www.1million4disability.eu
• Join Lobby EU Parliament Brussels 4th October

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Nothing about uswithout us

• We are really experts
• on our own life
• enable people communities to take control of
  their destiny and society
• Hamburg Declaration

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Adopting the Convention

• 92 countries have so far adopted
• 50 adopted the Optional Protocol
• 1 Ratified Jamaica
• Need a strategy to get UK to adopt Optional
  Protocol
• Need a strategy on lobbying on ratification

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