CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES THE PARADIGM SHIFT FROM CHARITY TO RIGHTSBASED

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CONVENTION ON THE RIGHTS OF PERSONS WITH
DISABILITIES THE PARADIGM SHIFT FROM CHARITY TO
RIGHTS-BASED APPROACH
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PROCESS

• ON 25TH AUGUST 2006 THE AD HOC COMMITTEE ON A
  COMPREHENSIVE AND INTEGRAL INTERNATIONAL
  CONVENTION ON THE PROTECTION AND PROMOTION OF THE
  RIGHTS AND DIGNITY OF PERSONS WITH DISABILITIES
  ADOPTED THE DRAFT INTERNATIONAL CONVENTION ON THE
  RIGHTS OF PERSONS WITH DISABILITIES AND ITS
  OPTIONAL PROTOCOL
• ADOPTION EXPECTED AT THE 61ST SESSION OF THE UN
  GENERAL ASSEMBLY. THE DRAFTING PROCESS WAS HIGHLY
  PARTICIPATORY AND RAPID WHICH IN ITSELF IS AN
  INDICATION OF COMMITMENT OF STATE PARTIES TO
  TACKLE THIS IMPORTANT ISSUE IN AN EFFICIENT AND
  COMPREHENSIVE MANNER

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TWO PRINCIPAL WAYS INDICATING THAT THE PARADIGM
SHIFT HAS OCCURRED

• PEOPLE WITH DISABILITIES VIEWED AS RIGHTS-HOLDERS
  (MAKING DECISIONS AND PARTICIPATING IN DECISIONS
  THAT AFFECT THEIR LIVES)
• PEOPLE WITH DISABILITIES ARE ACTIVE MEMBERS OF
  THE SOCIETY WHO SHOULD CONTRIBUTE WITH THEIR
  KNOWLEDGE, SKILLS AND ABILITIES TO THE OVERALL
  DEVELOPMENT

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 UNDERLYING VALUES AND PRINCIPLES OUTLINED IN
THE CONVENTION

• RESPECT FOR INHERENT DIGNITY, INDIVIDUAL AUTONOMY
  AND HUMAN DIVERSITY
• NON-DISCRIMINATION AND EQUALITY
• ACCESSIBILITY
• PARTICIPATION / INCLUSION
• RESPECT FOR EVOLVING CAPACITIES OF CHILDREN WITH
  DISABILITIES AS WELL AS RECOGNITION OF THE GENDER
  DIMENSION

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WHY THE NEW CONVENTION SHOULD BE VIEWED BOTH A
HUMAN RIGHTS AND DEVELOPMENT TREATY

• MANY ARTICLES REFER TO RIGHTS OF PERSONS WITH
  DISABILITIES EMPHASISING THAT THE CIVIL,
  CULTURAL, ECONOMIC, POLITICAL AND SOCIAL RIGHTS
  OF PERSONS WITH DISABILITIES SHOULD BE ADDRESSED
  AND PROTECTED, BUT THERE ARE ALSO ARTICLES
  IDENTIFYING THE PRINCIPAL MEASURES THAT STATES
  SHOULD TAKE TO ENSURE THE CONDITIONS NECESSARY TO
  EXERCISE THOSE RIGHTS (awareness-rising / Article
  8, accessibility (Article 9), personal mobility
  (Article 20), statistics and data collection
  (Article 31), international cooperation (Article
  32)
• CONVENTION INCLUDES HRBA APPROACH TO DEVELOPMENT
  STIPULATING THE IMPORTANCE OF PARTICIPATION OF
  PEOPLE WITH DISABILITIES IN DEVELOPMENT PLANNING,
  IMPLEMENTATION AND MONITORING OF HR NORMS AND
  STANDARDS

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• NATIONAL LAW ON PREVENTION OF DISCRIMINATION OF
  PERSONS WITH DISABILITIES (ADOPTED IN THE
  NATIONAL ASSEMBLY OF THE REPUBLIC OF SERBIA ON
  17TH APRIL, 2006) DEMONSTRATES COMMITMENT TO
  DISABLED PEOPLES RIGHTS AGENDA - LAW WAS ADOPTED
  BEFORE THE GENERAL ANTIDISCRIMINATION LAW AND
  BEFORE THE UN CONVENTION

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CONVENTION IS EXPECTED TO FURTHER CONTRIBUTE TO

• STRENGHENING OF THE DISABLED PEOPLES RIGHTS
  AGENDA, HOWEVER WE NEED TO BEAR IN MIND THAT THIS
  IS NOT THE END BUT THE BEGINNING OF OUR JOINT
  WORK
• IMPLEMENTATION IS A CHALLENGE SINCE MANY
  PRECONDITIONS NEED TO BE MET IN ORDER TO OPEN THE
  WAY FOR EQUAL TREATMENT OF PEOPLE WITH
  DISABILITIES.
• IMPORTANT TO LEARN FROM EXPERIENCE RELATED TO THE
  IMPLEMENTATION OF i.e. CRC AND CEDAW - UN
  AGENCIES AND FUNDS CAN FACILITATE ACCESS TO
  RELEVANT KNOWLEDGE (UNHCHR with respect to the
  overall human rights framework, UNICEF with
  respect to child-rights protection, UNIFEM with
  respect to CEDAW implementation, UNDP with
  respect to poverty alleviation and human
  development, WHO with respect to health related
  issues etc.)

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MAINSTREAMING OF DISABILITY RELATED ISSUES

• DISABILITY ISSUES SHOULD REPRESENT AN INTEGRAL
  PART OF NATIONAL DEVELOPMENT PLANS AND SHOULD BE
  MAINSTREAMED THROUGH THE NATIONAL POLICY AGENDA,
  BUT ALSO THROUGH THE PROGRAMMES SUPPORTED BY
  INTERNATIONAL DEVELOPMENT PARTNERS
• BUTIMPORTANT TO AVOID THE POTENTIAL TO MINIMISE
  LEGISLATION BY THE INSERTION OF BOILERPLATE
  LANGUAGE SUCH AS OUR PROGRAMME WILL BE
  ACCESSIBLE TO PEOPLE WITH DISABILITIES.

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PARTNERSHIPS TO SUPPORT IMPLEMENTATION OF THE NEW
CONVENTION

• UN HAS BEEN IN THE PAST, AND WILL REMAIN IN THE
  FUTURE, A STRONG ADVOCATE OF EQUALITY FOR ALL
  PEOPLE, WHICH INCLUDES WOMEN, MEN AND CHILDREN
  WITH DISABILITIES. UN IS COMMITTED TO SUPPORT
  STATE PARTIES TO CREATE CONDITIONS FOR
  IMPLEMENTATION OF THE NEW CONVENTION, IN THEIR
  ROLE OF DUTY BEARERS.
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• UN SHOULD CONTINUE SUPPORTING CIVIL SOCIETY
  ACTORS, ESPECIALLY NON-GOVERNMENT ORGANISATIONS
  INCLUDING ASSOCIATIONS OF PEOPLE WITH
  DISABILITIES TO FULLY PARTICIPATE IN THE
  IMPLEMENTATION OF THE CONVENTION, AS WELL AS TO
  MONITOR CREATION, IMPEMENTATION AND OUTCOMES OF
  PUBLIC POLICIES.