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UN Programme on Disability   Working for full participation and equality

 

Frequently Asked Questions regarding the
Convention on the Rights of Persons with Disabilities

 

What is an international convention?

Why do we need a convention for persons with disabilities? Don't they have the same rights as everyone else?

What about existing legislation? Is it not working?

How will the new convention help persons with disabilities?

How was the content of the Convention decided upon?

How was the Convention negotiated?

How accessible was the negotiation process?

When will the new convention take effect?

What does the convention cover?

Does this convention create new rights?

Will this convention create obligations for states?

What are the obligations of States who have signed the Convention?

Does it make economic sense for countries to adopt the convention?

What will it cost to implement?

How will this convention be monitored at the international level?

What Is Disability And Who Are Persons With Disabilities?

What rights are addressed in the Convention?

Isn’t it expensive to make buildings accessible?

What is society missing out on?

 


 

What is an international convention?

An international convention or treaty is an agreement between different countries that is legally binding to the contracting States. Existing international conventions cover different areas, including trade, science, crime, disarmament, transport, and human rights. A convention becomes legally binding to a particular State when that State ratifies it. Signing does not make a convention binding, but it indicates support for the principles of the convention and the country’s intention to ratify it. As contracting States are legally bound to adhere to the principles included in the convention, a monitoring body is often set up to assess State parties’ progress in implementing the convention by considering reports periodically submitted by States. Human rights conventions do not contain any enforcement mechanism to compel States to comply with the principles of the convention or with the recommendations of the monitoring body, and the implementation of these conventions depends on the commitment of each country.
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Why do we need a convention for persons with disabilities? Don't they have the same rights as everyone else?

The rights enumerated in the Universal Declaration of Human Rights, in a perfect world, would be enough to protect everyone. But in practice certain groups, such as women, children and refugees have fared far worse than other groups and international conventions are in place to protect and promote the human rights of these groups. Similarly, the 650 million people in the world living with disabilities—about 10 per cent of the world’s population—lack the opportunities of the mainstream population. They encounter a myriad of physical and social obstacles that:

• Prevent them from receiving an education;
• Prevent them from getting jobs, even when they are well qualified;
• Prevent them from accessing information;
• Prevent them from obtaining proper health care;
• Prevent them from getting around;
• Prevent them from “fitting in” and being accepted.
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What about existing legislation? Is it not working?

While some countries have enacted comprehensive legislation in this regard, many have not. Because of discriminatory practices, persons with disabilities tend to live in the shadows and margins of society, and as a result their rights are overlooked. A universal, legally binding standard is needed to ensure that the rights of persons with disabilities are guaranteed everywhere.

There have been prior efforts to promote disability legislation. In 1993 the UN adopted the Standard Rules on the Equalization of Opportunities for Disabled Persons that have provided policy guidelines on promoting the same opportunities to persons with disabilities that others enjoy. and these have served as model legislation for a number of countries. The Rules, however, are not a legally binding instrument, and disability advocates note that there are no enforceable obligations without a convention.
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How will the new convention help persons with disabilities?

Throughout history, persons with disabilities have been viewed as individuals who require societal protection and evoke sympathy rather than respect. This convention is a major step toward changing the perception of disability and ensures that societies recognize that all people must be provided with the opportunities to live life to their fullest potential, whatever that may be.

By ratifying a convention, and after the treaty comes into force, a country accepts its legal obligations under the treaty and will adopt implementing legislation.

Other human rights treaties, such as conventions on the rights of children and women, have had a major effect in addressing rights violations.
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How was the content of the Convention decided upon?

The negotiations of the Convention embodied the principle ‘nothing about us, without us’. The Convention was drafted by 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 (Ad Hoc Committee), which is a committee of the United Nations General Assembly. Its membership is open to all United Nations Member States and observers. During its first session, the Ad Hoc Committee decided that representatives from non-governmental organizations (NGOs) accredited to the Ad Hoc Committee could also participate in meetings and make statements in accordance with United Nations practice. Since then, the General Assembly has repeatedly urged that efforts be made to actively involve disability organizations in the work of the Ad Hoc Committee. Throughout the process organizations of persons with disabilities and other NGOs have been very active in providing comments and information from a disability perspective.

Since its establishment, the Ad Hoc Committee held eighth sessions. At its first two sessions, in 2002 and 2003, the Committee considered the possibility of drafting an international instrument on the rights of persons with disabilities, and discussed the type of instrument and possible elements to be included. At its second session, the Ad Hoc Committee established a working group to prepare a draft text of a convention. The Working Group, composed of government and NGO representatives, met in January 2004 and drafted a text for negotiation. At its third, fourth, fifth, sixth, seventh and eighth sessions the Ad Hoc Committee continued its negotiations. The Convention text was finalized by the Ad Hoc Committee on 26 August 2006.

A drafting group tasked with ensuring uniformity of terminology throughout the text of the draft convention and harmonizing the versions in the official languages of the United Nations reviewed the text from September to November 2006.

The United Nations General Assembly adopted the text of the Convention on the Rights of Persons with Disabilities and its option protocol on 13 December 2006.
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How was the Convention negotiated?

The General Assembly established an Ad Hoc Committee in 2001 to negotiate a Convention. The first meeting was in August 2002, and drafting of the text began in May 2004. In August 2006, the Committee reached agreement on the text. Delegates to the Ad Hoc Committee represented NGOs, Governments, national human rights institutes and international organizations. It was the first time that NGOs had actively participated in the formulation of a human rights instrument.
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How accessible was the negotiation process?

The methods to ensure accessibility during the negotiation process increased in sophistication over time. Methods progressed from diskettes and documents in Braille, to email and website facilitated communication. A website was created to be accessible to conformance level A according to the standards set by the Web Content Accessibility Guidelines version 1.0 (WCAG 1.0). Among other features, this level of accessibility allowed users of assistive technology such as screen readers to access the website effectively, and allowed for the resizing of text for those who needed to view enlarged text. Working documents of negotiation of Convention text were posted to the website as soon as they were discussed during a session of the Ad Hoc Committee, an innovative practice for United Nations convention negotiations. The website thus provided instant worldwide access to the rapidly changing progress of the discussions, giving the opportunity for groups around the world to feed into the process in a timely manner and on precise issues. In addition, the conference room at United Nations headquarters in New York where negotiations were held was made WiFi-accessible mid-way through the negotiation process. The WiFi allowed persons in the room to electronically access and read the documents being discussed using assistive devices as necessary. All Ad Hoc Committee meetings were held in a wheel-chair accessible conference room, and neck loops were provided upon request for persons with hearing impairments.
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When will the new convention take effect?

The Convention will take effect or ‘enter into force’ 30 days after the twenty countries have ratified it.
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What does the convention cover?

The purpose of the convention is to promote, protect and ensure the full and equal enjoyment of all human rights by persons with disabilities. It covers a number of key areas such as accessibility, personal mobility, health, education, employment, habilitation and rehabilitation, participation in political life, and equality and non-discrimination. The convention marks a shift in thinking about disability from a social welfare concern, to a human rights issue, which acknowledges that societal barriers and prejudices are themselves disabling.
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Does this convention create new rights?

No. The convention does not create any “new rights” or “entitlements”. What the convention does, however, is express existing rights in a manner that addresses the needs and situation of persons with disabilities.
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Will this convention create obligations for states?

Yes. States will be obligated to introduce measures that promote the human rights of persons with disabilities without discrimination. These measures would include anti-discrimination legislation, eliminate laws and practices that discriminate against persons with disabilities, and consider persons with disabilities when adopting new policies and programmes. Other measures include making services, goods, and facilities accessible to persons with disabilities.
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What are the obligations of States who have signed the Convention?

States Parties to the Convention are committing to:

• Respect the rights of persons with disabilities

• Protect the rights of persons with disabilities

• Fulfil the rights of persons with disabilities
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Does it make economic sense for countries to adopt the convention?

Yes. Besides the obvious problem of putting a price tag on the basic human rights for a significant segment of the population, it turns out that it is actually good economics to ensure that disabled persons are able to live up to their potential. When there are no obstacles in their way, disabled persons are employees, entrepreneurs, consumers and taxpayers, along with everybody else.
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What will it cost to implement?.

The convention calls for the “progressive realization” of most of its provisions, in line with the resources of individual countries. Some steps will require money and for countries where resources are scarce, it is hoped that international assistance—which has neglected the needs of persons with disabilities—will help.

Making changes in line with the Convention benefits not only persons with disabilities, but other people as well. Elevators and ramps, for example, provide more options for everyone. Design changes to that are needed to accommodate the Convention will, over time, generate new ideas and innovations that will improve life for all people, not only persons with disabilities.
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How will this convention be monitored at the international level?

Once the Convention enters into force, a Committee on the Rights of Persons with Disabilities will monitor its implementation. Countries that ratify the Convention will need to report regularly on their progress to the Committee. An optional protocol allows citizens in those countries that choose to ratify the protocol the possibility of launching an individual complaint to the Committee if there are no more national options left.
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What Is Disability And Who Are Persons With Disabilities?

The term persons with disabilities is used to apply to all persons with disabilities including those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various attitudinal and environmental barriers, hinders their full and effective participation in society on an equal basis with others. However, this minimum list of persons who may claim protection under the Convention does not exhaust the categories of the disabilities which fall within the it nor intend to undermine or stand in the way of wider definition of disabilities under national law (such as persons with short-term disabilities). It is also important to note that a person with disabilities may be regarded as a person with a disability in one society or setting, but not in another, depending on the role that the person is assumed to take in his or her community. The perception and reality of disability also depend on the technologies, assistance and services available, as well as on cultural considerations.

In most parts of the world there are deep and persistent negative stereotypes and prejudices against persons with certain conditions and differences. These attitudes themselves also shape who is considered to be a person with a disability in each society as well as have contributed to a negative image of persons with disabilities. The language used to refer to persons with disabilities has played a significant role in the persistence of negative stereotypes. Clearly, terms such as “crippled” or “mentally retarded” are derogative. Other terms such as “wheelchair-bound” or “disabled persons” emphasize the disability before the person.

The drafters of this Convention were clear that disability should be seen as the result of the interaction between a person and his or her environment. Disability is not something that resides in the individual as the result of some impairment. This convention recognizes that disability is an evolving concept and that legislation may adapt to reflect positive changes within society.

Disability Resides in the Society not in the Person

• A person in a wheelchair might have difficulties being gainfully employed not because of her condition but because there are environmental barriers such as inaccessible buses or staircases in the workplace which obstruct his or her access.

• A child with an intellectual disability might have difficulties going to school due to the attitudes of teachers, school boards and possibly parents who are unable to adapt to students with different learning capacities.

• In a society where corrective lenses are available for someone with extreme myopia (nearsightedness), this person would not be considered to have a disability, however someone with the same condition in a society where corrective lenses were not available would be considered to have a disability, especially if the level of vision prevented the person from performing tasks expected of this person such as shepherding, sewing, or farming.
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What rights are addressed in the Convention?

The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights by persons with disabilities. The articles of the Convention recognize all rights, civil, cultural, economic, political, and social. The United Nations promotes the notion that these rights cannot be separated, and thus the Convention addresses them as integrated aspects of the entire spectrum of individuals’ rights. These rights identify action-oriented policy interventions for States to adopt in order to actively bring legislative and judicial systems in line with the Convention.

Specific rights covered in the Convention include:

• Equal protection before the law
• Liberty and security of the person
• Freedom from torture
• Protection of the integrity of the person
• Liberty of movement and nationality
• Freedom of expression
• Respect for privacy
• Right to participation in public life
• Freedom from exploitation
• Respect for home and the family
• Right to live in the community
• Right to education
• Right to life
• Right to health
• Habilitation and rehabilitation
• Right to work
• Right to an adequate standard of living
• Right to participate in cultural life

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Isn’t it expensive to make buildings accessible?

Over time, new construction should incorporate designs that take into account the needs of persons with disabilities. In studies, the World Bank found that the cost of building in these features at the time of construction is minimal. It has been shown that making buildings accessible adds less than one percent to construction costs.
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What is society missing out on?

A larger talent pool. Persons with disabilities can contribute a wide array of expertise, skills and talents. While persons with disabilities face higher unemployment rates than the rest of the population in virtually every country, studies show that the job performance of persons with disabilities is as good, if not better, than the general population. High retention rates and less absenteeism have more than offset fears that it is too costly to accommodate the needs of persons with disabilities in the workplace. Furthermore, fears that hiring persons with disabilities add significant costs to employers are overblown. A 2003 survey in the United States found that almost three-quarters of employers reported that employees with disabilities did not require any special accommodation.
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United Nations, 2007
Department of Economic and Social Affairs
Division for Social Policy and Development