An International Treaty to Promote and Protect the Rights of People with Disabilities'

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United Nations Convention on the Rights of
Persons with Disabilities
A presentation by Frank Hall-Bentick Martin
Leckey Disability Resources Centre
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UN Convention on the Rights of Persons with
Disabilities
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Disability Rights The missing piece of
international human rights law

• These are a list of international treaties
• http//193.194.138.190/html/intlinst.htm
• Universal Declaration of Human Rights 1948
• Convention on the Elimination of Racial
  Discrimination 1965 (CERD)
• Covenant on Economic, Social and Cultural Rights
  1966 (ICESCR)
• Covenant on Civil and Political Rights 1966
  (ICCPR)
• Convention on the Elimination of Discrimination
  against Women 1979 (CEDAW)
• Convention against Torture 1984 (CAT)
• Convention on the Rights of the Child 1989
  (CROC)
• These specialized treaties are developed when the
  more general treaties have either failed to
  protect people from a particular kind of human
  rights abuse, or have failed to protect the human
  rights of a particular population.

The human rights of people with disabilities were
not contained in a specialized treaty.
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Why did we need a treaty to protect and promote
the rights of people with disabilities?

• Years of exclusion from Society through
• Fear
• Segregation
• Isolation
• Institutionalization
• Exclusion through inaccessible transport,
  accommodation, schooling, employment, public
  facilities, shops, books, attitudes.
• Our rights were not recognised or taken seriously
  as we were captives of charity.
• Therefore the lives of people with disabilities
  needed to change everywhere.

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UN Disability Rights before Convention

• 1975 Declaration on the Rights of Disabled
  Persons
• 1981 UN General Assembly proclaims 1981 the
  International Year of Disabled Persons
• 1982, Dec. 3 UN General Assembly adopts the
  World Programme of Action concerning Disabled
  Persons
• 1983-1992 Decade for Disabled People
• 1993 UN General Assembly adopts the UN Standard
  Rules on the Equalization of Opportunities for
  Persons with Disabilities

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History of the UN Convention

• August 2004 4th meeting
• Feb 2005 5th meeting
• - new Adhoc Chair elected Ambassador Don MacKay
  NZ
• August 2005 6th meeting
• January 2006 7th meeting
• August 2006 8th Final meeting

• 1987 Disability rights convention suggested by
  Italy and Sweden
• December 2001 Ad Hoc Committee established by
  the UN to develop Convention
• July 2002 It Meets in New York- NGOs admitted-
  Regional meetings organised
• June 2003 2nd meeting
• working group set up to write draft text of
  Convention
• January 2004 Draft text written in New York
• May 2004 3rd meeting

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The UN Convention to Protect and Promote the
Rights and Dignity of Persons with Disabilities.

• Representatives from 160 countries met over five
  years to write the treaty.
• People with disabilities have been involved.

• There were over 100 disability organisations
  accredited to the Ad Hoc Committee, including 4
  from Australia
• Disability Australia
• PwD Australia
• Australian Federation of Disability Organisations
• National Federation of Community Legal Centres.

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Articles of the Convention

• Preamble
• Introductory Articles
• 1. Purpose
• 2. Definitions
• General Application
• 3. General principles
• 4. General obligations
• 5. Equality and non-discrimination
• 6. Women with disabilities
• 7. Children with disabilities
• 8. Raising awareness regarding disability
• 9. Accessibility

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Articles of the Convention

• Specific Application
• 10. Right to life
• 11. Situations of risk
• 12. Equal recognition before the law
• 13. Access to Justice
• 14. Liberty and security of the person
• 15. Freedom from torture or cruel, inhuman or
  degrading treatment or punishment
• 16. Freedom from exploitation, violence and abuse
• 17. Protecting the integrity of the person
• 18. Liberty of movement and Nationality
• 19. Living independently and being included in
  the community

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Articles of the Convention

• Specific Application continued
• 20. Personal mobility
• 21. Freedom of expression and opinion, and access
  to information
• 22. Respect for privacy
• 23. Respect for the home and the family
• 24. Education
• 25. Health
• 26. Habilitation and Rehabilitation
• 27. Work and employment
• 28. Adequate standard of living and social
  protection
• 29. Participation in political and public life
• 30. Participation in cultural life, recreation,
  leisure and sport

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Articles of the Convention

• Implementation Monitoring
• 31.Statistics and Data Collection
• 32. International cooperation
• 33. National implementation and monitoring
• 34-39. UN monitoring
• Establish a UN Committee of Independent Experts,
  numbers on Committee, representation, length of
  duty location.
• 40. Regular meetings of States
• States to regularly submit reports meet every
  two years, shadow NGO reports.
• Final Articles
• 41-49. General UN Convention Procedures
• Optional Protocol for Complaints

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Optional Protocol to the Convention

• Optional Protocol for Individual Complaints
• An optional protocol is a type of legally
  binding international agreement that is attached
  to a convention.
• Often the issues addressed are slightly
  controversial, and if they were included in the
  main convention it might be difficult to get
  countries to become States Parties.
• This Optional Protocol addresses some of the
  issues related to the ability of the Committee on
  the Rights of Persons with Disabilities to
  receive and respond to complaints from
  individuals and groups about violations of the
  Convention.
• In addition, the Optional Protocol addresses the
  ability of the Committee to undertake an inquiry
  (a type of investigation) into grave or systemic
  violations of the Convention by a States Party.

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Definition of a Person with a Disability

• PREAMBLE
• (e) Recognizing that disability is an evolving
  concept and that disability results from the
  interaction between persons with impairments and
  attitudinal and environmental barriers that
  hinders their full and effective participation in
  society on an equal basis with others,
• ARTICLE 1 - PURPOSE
• 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 Endorsed 25 August 2006
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Key Convention Dates

• 61st UN General Assembly adopted 13th December
  2006.
• Convention Optional Protocol opened for
  signature 30 March 2007. 81 Governments signed
  Convention, 44 Optional Protocol. To date 129
  signed Convention, 71 Optional Protocol. Ratified
  29 Convention, 18 Optional Protocol.
• Convention came into force 3rd May 2008 now that
  20 Governments have ratified.

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Will Australia Ratify?

• To ratify any International Conventions and
  Treaties, the Australian Government undertakes
• National Interest Analysis (NIA)
• Regulation Impact Statement (RIS)
• Joint Standing Committee on Treaties (JSCOT)
• The decision by Cabinet August 2008

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National Interest Analysis (NIA)

• The broad aim of the National Interest Analysis
  is to establish the degree to which Australia
  complies with the terms of the treaty, and if
  not, to identify the specific actions that may be
  required to ensure compliance. Commonwealth
  agencies, State and Territory governments and
  other stakeholders are consulted.

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Regulation Impact Statement (RIS)

• A Regulation Impact Statement may also be
  required if the treaty could affect business
  regulation or restrict competition.
• At this stage, the Australian Government has not
  yet to made a decision on whether a Regulation
  Impact Statement is required in relation to the
  Convention on Rights Persons with Disabilities.

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Joint Standing Committee on Treaties

• The Treaty, National Interest Analysis and
  Regulation Impact Statement are then tabled in
  both houses of Federal Parliament, and referred
  to the Joint Standing Committee on Treaties
  (JSCOT) which examines and reports to Parliament
  on the treaty.

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Next steps of Convention

• Key Dates
• 3rd May 2008 - Convention comes into Force as 20
  Countries have ratified,
• 3rd July 2008 - UN calls for CRPD Committee
  nominations from Ratified States,
• 3rd September 2008 Nominations close,
• 3rd November 2008 First Conference of State
  Parties (COSP) meets to elect first Committee of
  12.

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What is the Committee?

• The Committee are independent experts elected to
  review implementation of the Convention by
  States
• The Committee examines reports, prepared by
  States, on their implementation of the
  Convention.
• Where States have ratified the Optional Protocol,
  the Committee will receive complaints from
  individuals of alleged breaches of their rights
• Number 12 at first, 18 after 60 ratifications
• Qualification equitable representation from
  regions, civilisations, legal systems, gender
  experts and must be Independent
• Term 4 years half rotating after 2 years

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What is the Conference of States Parties?

• The Convention also establishes a Conference of
  States Parties that meets regularly in order to
  consider any matter with regard to the
  implementation of the Convention.
• The Convention leaves open the exact nature of
  the role of the Conference of States Parties
  although responsibilities include electing the
  members of the Committee on the Rights of Persons
  with Disabilities and debating and adopting
  proposed amendments to the Convention.

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What can we do?

• Reference the Convention in all your work with
  people with disability, community decision
  makers, local, state and national bureaucrats and
  within your organisation etc.
• Empower PwDs to participate in their Community,
  make their own decisions and set up their own
  Disabled Peoples Organisations (DPO).
• Facilitate meetings between DPOs, Government
  Political decision makers.
• Encourage the involvement of People with
  Disabilities in National and International
  issues.
• Distribute Convention and other UN documents to
  PwDs.
• www.un.org/disabilities
• Share Convention Ratification Implementation
  Resources
• www.disabilityrightsnow.org.au
• Empower PwDs DPO to analyse their oppression
  and exclusion and then fight for their human
  rights as mandated by this Convention.

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