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UN Programme on Disability   Working for full participation and equality

United Nations
Disabled Persons Bulletin

Bulletin No 2 of 1998

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How the compilation may be used in practice

The data available suggest that there is a significant need, especially in developing countries, for development of comprehensive disability legislation to improve the status of disabled persons. Although many countries have signed, ratified or acceded to the international human rights instruments, the rights of disabled persons have mostly been dealt with through rehabilitation programmes and public health legislation. As the international community has recognized the importance of promoting equalization of opportunities for disabled persons to participate on the basis of equality in social life and development, it has become evident that the rights of disabled persons require more comprehensive treatment than in the context of rehabilitation and social services and should include the full range of human rights: civil, political, economic, social and cultural rights.

The compilation is designed to provide a brief introduction to and concise guidance on international instruments, norms and standards concerning disabled persons adopted by competent intergovernmental bodies of the United Nations system that are applicable to national disability legislation. The compilation examines ways in which the rights of persons with disabilities may be promoted, protected and integrated into all areas of civil legislation. It also addresses areas that require specific legislative treatment regarding persons with disabilities when general human rights legislation might sufficiently guarantee the rights of disabled persons. Areas of concern include education, employment, health, and accessibility to the environment.

The compilation aims to assist efforts to establish comprehensive normative frameworks for formulating and improving national legislation that promotes de facto equality. It would support Government initiatives to adapt national legislation to relevant international norms and standards concerning persons with disabilities, since disability issues are central to legislation in such areas as employment, social security, education and housing, among others. The indivisibility of disability legislation from other branches of law demands an interrelated framework that wouldv coincide with the socioeconomic policy framework of countries concerning persons with disabilities.

Law remains as an important means of overcoming cultural and social barriers that are detrimental to the full participation of persons with disabilities in social life and development. Changes in norms and concepts of disability involves, therefore, changes in values at several levels of society, involving certain cultural and social norms which might perpetuate erroneous and inappropriate myths about disability. The compilation also aims at ensuring adoption of the disability perspective in domestic legislation, which can itself be a significant means of influencing and changing preconceptions about disability and social attitudes based on those misperceptions about persons with disabilities.

The compilation provides a reference guide for Governments and legal experts to identify and incorporate international instruments applicable to disabled persons into domestic law. It also provides basic guidelines on implementation and monitoring mechanisms that exist at the national, regional and international levels to ensure that disabled persons enjoy their rights in every day life. It is expected that the compilation would contribute to increasing awareness of internationally accepted norms and standards aimed at promoting the equalization of opportunities for persons with disabilities, thus facilitating their full and effective integration in social life and development. The compilation can assist non-governmental organizations in improving their information and education activities and assist Governments in better planning, implementing and evaluating action concerning persons with disabilities. The compilation also indicates possible roles that different actors in civil society can play in promoting the equalization of opportunities for persons with disabilities.

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