Development and human rights for all

Further promotion of equalization of opportunities by, for and with persons with disabilities and protection of their human rights [E/2002/26]

(unedited version)

Commission for Social Development
Fortieth session

11-21 February 2002 Agenda item 3 (b) (ii)
Follow-up to the World Summit for Social Development and the
twenty-fourth special session of the General Assembly: review of
relevant United Nations plans and programmes of action pertaining
to the situation of social groups: report on the third mandate
of the Special Rapporteur on Disability

Draft resolution adopted on 27 February 2002

The Commission for Social Development recommends to the Economic and Social Council the adoption of the following draft resolution:

The Economic and Social Council,

Recalling the purposes and principles of the Charter of the United Nations and reaffirming the obligations contained in the relevant human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women1 and the Convention on the Rights of the Child,2

Recalling General Assembly resolutions 37/52 of 3 December 1982, by which it adopted the World Programme of Action concerning Disabled Persons,3 48/96 of 20 December 1993, by which it adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, and 56/115 of 19 December 2001,

Recalling also Economic and Social Council resolution 2000/10 of 27 July 2000 on equalization of opportunities for persons with disabilities and Commission on Human Rights resolution 2000/51 of 25 April 2000 on the human rights of persons with disabilities,4 and other relevant resolutions of the General Assembly, the Economic and Social Council and its functional commissions,

Noting general comment No. 5 of the Committee on Economic, Social and Cultural Rights on persons with disabilities of 25 November 1994,5

Recalling General Assembly resolution 56/168 of 19 December 2001, by which it decided to establish an Ad Hoc Committee to consider proposals for a comprehensive and integral international convention to protect and promote the rights and dignity of persons with disabilities,

Recalling the Commission on Human Rights resolution 2000/51, in which it requested a study on the adequacy of instruments in respect of the protection and monitoring of the human rights of persons with disabilities,

Welcoming the cooperation between the Commission on Human Rights and the Special Rapporteur on Disability of the Commission for Social Development in sharing experiences and knowledge,

Noting with grave concern that persons with disabilities in some circumstances are among the poorest of the poor and continue to be excluded from the benefits of development, such as education and access to gainful employment,

Mindful of the need to adopt and implement effective strategies and policies to promote the rights and the full and effective participation of persons with disabilities in economic, social, cultural and political life, on the basis of equality, in order to achieve a society for all,

Noting with satisfaction that the Standard Rules play an increasingly important role in the equalization of opportunities for persons with disabilities and that the issue of human rights and dignity of persons with disabilities is being addressed and promoted in an increasing number of forums,

Noting the important efforts of Governments to implement the Standard Rules,

Noting also the important contributions made by various national and regional forums, expert group meetings and other activities in promoting the implementation of the Standard Rules,

Appreciating the active role played by non-governmental organizations, in particular organizations of persons with disabilities, in cooperation with Governments and relevant intergovernmental bodies and organizations, to promote awareness and support implementation and evaluation of the Standard Rules at the national, regional and international levels,

  1. Welcomes the work of the Special Rapporteur on Disability of the Commission for Social Development, and takes note of his third periodic report, including the elaboration of recommendations for future action and supports his proposals of mainstreaming disability issues;6
  2. Takes note with appreciation of the important efforts of Governments as well as non-governmental organizations and academic institutions during the missions of the Special Rapporteur to build capacities to implement the Standard Rules on the Equalization of Opportunities for Persons with Disabilities at the national, regional and interregional levels;
  3. Welcomes the many initiatives and actions of Governments to implement further the goal of full participation and equality for persons with disabilities in accordance with the Standard Rules and the significant role played by the United Nations system, including the Bretton Woods institutions, as well as nongovernmental organizations, in this regard;
  4. Urges Governments, intergovernmental organizations and nongovernmental organizations to take practical action to create greater awareness and support for the further implementation of the Standard Rules, to suggest measures for the further promotion and protection of the human rights of persons with disabilities, to improve cooperation within the United Nations system in the field of disability and to find forms for future monitoring of the Standard Rules;
  5. Urges Governments to ensure that persons with disabilities have equal access to education, health, employment, social services, housing, public transport, information, legal protection and political decision-making processes;
  6. Invites multilateral development agencies, in the light of the Standard Rules, to pay due attention to disability-related human rights issues in connection with the projects they fund;
  7. Requests the Secretary-General to strengthen and improve mechanisms for consultation, the exchange of information and coordination, as appropriate, and active participation of the relevant United Nations bodies, specialized agencies and related organizations to further implement the Standard Rules;
  8. Invites the relevant bodies and organizations of the United Nations system, including relevant human rights treaty bodies within the respective mandates, and urges the regional commissions, intergovernmental organizations, as well as non-governmental organizations, in particular organizations of persons with disabilities, to work closely with the United Nations Programme on persons with disabilities to promote the rights of persons with disabilities, including activities at the field level, by sharing knowledge, experiences, results and recommendations concerning persons with disabilities;
  9. Encourages Governments, the United Nations system, including the Bretton Woods institutions, to enhance cooperation with organizations of persons with disabilities and other organizations concerned with disability issues so as to implement the Standard Rules in an effective and coordinated manner;
  10. Encourages States parties to the relevant treaty bodies to include in their reports specific information on persons with disabilities to ensure that the human rights of persons with disabilities are appropriately addressed; general comment No. 5 of the Committee on the Economic Social and Cultural Rights could serve as a mainstreaming model on disability issues;
  11. Decides to renew the mandate for the Special Rapporteur for a period through the year 2005 to further the promotion and monitoring of the Standard Rules in accordance with the provisions set down in section 4 of the Standard Rules, including the human rights dimensions of disability;
  12. Requests the Secretary-General to seek the views of Member States on the proposals in the report of the Special Rapporteur, especially on the suggested supplement to the Standard Rules, and to submit a substantive report to the Commission at its forty-second session;
  13. Recommends that the Ad Hoc Committee, set up by the General Assembly in its resolution 56/168 consider proposals for a convention taking into account the relationship with relevant human rights instruments and the Standard Rules and in so doing to carefully study the report and proposals made by the Special Rapporteur at the fortieth session of the Commission for Social Development6 and the study commissioned by the Office of the United Nations High Commissioner for Human Rights, as well as the views of the Member States, international organizations and non-governmental organizations, in particular organizations of persons with disabilities, on these proposals;
  14. Encourages Governments, the United Nations system, including the Bretton Woods institutions, as well as non-governmental organizations, in particular organizations of persons with disabilities, to take active part in the work of the Ad Hoc Committee, in accordance with the standard practice of the General Assembly;
  15. Further encourages Governments, as well as non-governmental organizations and the private sector, to continue to contribute to the United Nations Voluntary Fund on Disability in order to support the activities of the Special Rapporteur as well as new and expanded initiatives to strengthen national capacities for equalization of opportunities by, for and with persons with disabilities.

FOOTNOTES:

  1. General Assembly resolution 34/180, annex.
  2. General Assembly resolution 44/25, annex.
  3. A/37/351/Add.1 and Corr.1, annex, sect. VIII, recommendation I (IV).
  4. See Official Records of the Economic and Social Council, 2000, Supplement No. 3 (E/2000/23), chap. II, sect. A.
  5. Ibid., 1995, Supplement No. 2 (E/1995/22), annex IV.
  6. E/CN.5/2002/4.