‘Nothing About Us Without Us’
Recognizing the Rights of People with Disabilities
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| UN Photo | Some 10 per cent of the global population is disabled as a result of mental, physical or sensory impairment, with approximately 80 per cent living in developing countries. The global disabled population is increasing, according to the World Health Organization (WHO). Population growth, medical advances that prolong life, war injuries, landmines, HIV/AIDS, malnutrition, substance abuse, accidents and environmental damage all contribute to this increase. It has become increasingly clear that persons with disabilities should be viewed as people who enjoy the full spectrum of political, civil, economic, social and cultural rights. Physical or social barriers limit their lives, often denying them access to essential services. This affects not only the disabled and their families but also the economic and social development of entire societies, where a significant reservoir of human potential goes untapped.
Considering that disabilities are frequently caused by human activities or a lack of care, assistance from the entire international community is needed to put an end to this “silent emergency”. Recognition has been slow, but it is steadily taking place in all parts of the world. The growth of the international disability movement, with its motto “Nothing About Us Without Us”, encapsulates this fundamental shift in perspective towards a principle of participation and the integration of persons with disabilities in every aspect of political, social, economic and cultural life. Commemorating the 2004 International Day of Disabled Persons, observed every year on 3 December, Secretary-General Kofi Annan stressed that “no society can claim to be based on justice and equality without persons with disabilities taking decisions as full-fledged members”.
There is no universally agreed definition of disability. It is now considered a socially created problem and not an attribute of an individual. The social perspective is reflected in the WHO International Classification of Functioning, Disability and Health, which defines disability as a universal human experience and not the concern of a minority; every human being can suffer from a health loss and thus experience some disability. The old “medical model” of disability has been replaced by a human rights model, in recognition of the fact that it is society that is “disabling” people with disabilities by making it difficult for them to exercise their human rights. The changing nature of disability and the realization that it was an inevitable part of the life of any individual or society require that the concept of disability be related to the issue of human dignity.
There is still no global treaty to protect the rights of people with disabilities, who are only implicitly covered by existing human rights treaties. Among the eight UN core treaties, only the Convention on the Rights of the Child makes explicit reference to children with disabilities. Declarations and principles that address the rights of the disabled are legally non-binding and are considered inadequate by many disability advocates, reflecting a change in the way societies view themselves and promote integration of the disabled. As the world ages, the number of people with disabilities is expected to increase, underscoring the importance of a new treaty.
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In 2001, President Vicente Fox of Mexico proposed to the UN General Assembly the drafting of the first-ever convention on the rights of people with disabilities. The Assem-bly established an Ad Hoc Committee to prepare “a com-prehensive and integral international convention to protect and promote the rights and dignity of people with disabilities”. Like all international conventions elaborated through the United Nations, the 191 Member States are the main drafters of the treaty, which will have the force of law for those countries that ratify it. Chaired by Ambassador Luis Gallegos of Ecuador, the Ad Hoc Committee recently completed its fourth session and issued its report to the General Assembly.
Mr. Gallegos said that the challenge of the convention was to articulate a human rights framework and accompanying practices that would translate disability-specific needs into the legal provisions of a treaty. He said that the broad consultative process among all stakeholders, as well as the working partnership between Governments and disabled persons’ organizations, were essential to the success of the convention. Mr. Gallegos emphasized that despite the complex nature of the issue, negotiations had created a momentum that, he hoped, might make it possible for the treaty to be ready for adoption by the General Assembly in September 2005, in time for the review of the implementation of the Millennium Development Goals. “If we miss that mark”, he said, the dynamics of the process would be lost and “it will take us much more time”. The Ad Hoc Committee’s next session is scheduled for 24 January to 4 February 2005.
When adopted, the draft Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities would create a legally binding framework within a single universal instrument, establishing persons with disabilities as “rights holders” and “subjects of law”, with full participation in formulating and implementing plans and policies affecting them. It would also promote an understanding of “disability”, changing the way societies view people with disabilities. |
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Persons with disabilities often are excluded from the mainstream of society and denied their human rights. Discrimination against them takes various forms, ranging from the denial of opportunities to segregation and isolation, because of the imposition of physical and social barriers. Effects of disability-based discrimination have been particularly severe in such fields as education, employment, housing, transport, cultural life and access to public places and services. This may result from distinction, exclusion, restriction or preference, and denial of reasonable accommodation on the basis of disablement, which effectively nullifies or impairs the recognition, enjoyment or exercise of the rights of persons with disabilities.
The consequences of disability are particularly serious for women, because they are discriminated against on the double grounds of gender and disability. Women are more exposed to the risk of becoming disabled because of neglect and certain forms of abuse and harmful traditional practices directed against them. They have less access to essential services, such as health care, education and vocational rehabilitation. They are also specially affected because they are often entrusted with the responsibility of caring for disabled persons in the community.
Despite some progress over the past decade, the human rights of persons with disabilities have not been systematically addressed in society. Most disability legislation and policies are based on the assumption that persons with disabilities simply are not able to exercise the same rights as non-disabled persons. Consequently, the situation of persons with disabilities is often addressed in terms of rehabilitation and social services. More comprehensive legislation is needed to ensure their rights in all aspects on an equal basis with persons without disabilities. Appropriate measures are required to address existing discrimination and to promote opportunities for the disabled to participate on an equal basis in social life and development.
There also are certain cultural and social barriers that have served to deter full participation of persons with disabilities. Discriminatory practices against them may be the result of social and cultural norms that have been institutionalized by law. Changes in the perception and concepts of disability will involve both changes in values and increased understanding at all levels of society, as well as a focus on those social and cultural norms that can perpetuate erroneous and inappropriate myths about disability. |
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