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The third quinquennial review and appraisal of implementation of the World Programme of Action of Action concerning Disabled Persons (A/52/351), in 1997, discussed the emergence of awareness of a broad human rights framework to promote the social, economic and cultural rights as well as the civil and political rights of persons with disabilities. The broad human rights framework for persons with disabilities draws upon the considerable body of international norms and standards in the social, economic, cultural, civil and political fields, and reflects international concern with development agendas that are participatory and inclusive and contribute to improved well-being and livelihoods for all. Inclusion of the human rights of persons with disabilities as specific policy concerns1, in such documents as the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights2, the Copenhagen Declaration on Social Development and Programme of Action adopted by the World Summit for Social Development3, and the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women4 reflect international recognition of a broad human rights approache to persons with disabilities in mainstream development.
There is growing recognition in contemporary international law that States should incorporate international norms and standards in their national legislation. While the means chosen to promote full realization of economic, social and cultural rights of persons with disabilities will differ from one country to another, data suggest that there is no country in which, to further implement international norms and standards, a major policy or programme effort is not required. The obligation of States Parties to international legal instruments to promote the progressive realization of relevant rights to the maximum of their available resources requires Governments to do more than simply abstain from taking measures that might have a negative impact on persons with disabilities.
The Charter of the United Nations identifies fundamental obligations of member States to ensure respect of human rights and fundamental freedoms for all. While not legally binding, there are in addition a number of general conventions and recommendations and disability-specific international instruments5 that are applicable to policies, programmes and legislation to promote the rights of persons with disabilities. The broad human rights approach to disability, therefore, takes the view of advancing the rights and well-being of all people, regardless of disabilities, through the promotion and implementation by the non-governmental community, academic institutions and Governments of general and disability-specific international instruments that encompass civil and political, economic, social and cultural rights concerning persons with disabilities.
1 See "Overview of international legal frameworks for disability legislation (August 1998)", at: http://www.un.org/esa/socdev/enable/disovlf.htm.
2 Report of the World Conference on Human Rights, Vienna, 14-25 June 1993 (A/CONF.157/24 (Part I)), chap. III.
3 Report of the World Summit for Social Development, Copenhagen, 6-12 March 1995 (United Nations publication, Sales No. E.96.IV.8) chap. I, resolution 1, annexes I and II.
4 Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II.
5 General, universal and international human rights instruments include the Universal Declaration of Human Rights (General Assembly resolution 217 A (III)), the International Covenant on Civil and Political Rights (General Assembly resolution 2200 (XXI)) and the International Covenant on Economic, Social and Cultural Rights (General Assembly resolution 2200 A (XXI)). Disability-specific international instruments that address the rights and status of persons with disabilities have been adopted as declarations, resolutions and guidelines by the United Nations General Assembly and include the Declaration of the Rights on Mentally Retarded Persons (General Assembly resolution 2856 (XXVI)), Declaration on the Rights of Disabled Persons (General Assembly resolution 3447 (XXVI)), World Programme of Action of Action concerning Disabled Persons (adopted by the General Assembly in its resolution 37/52), the Tallinn Guidelines for Action on Human Resources Development in the Field of Disability (General Assembly resolution 44/70, annex), the Principles for the Protection of Persons with Mental Illness (General Assembly resolution 46/119) and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96, annex).