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UN Programme on Disability   Working for full participation and equality

AD HOC COMMITTEE ON
AN INTERNATIONAL CONVENTION

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NGO Participation

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Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities
New York, 16-27 June 2003

Overview of Issues and Trends related to Advancement of Persons with Disabilities

Report of the Secretary-General

Executive Summary: towards progress in equalization of opportunities in the new century

            The current report, which reviews and assesses 20 years of international cooperation related to advancement of persons with disabilities in the context of development, should be read in conjunction with the Report of the Secretary-General (A/58/61 - E/2003/5) presenting the findings of the fourth five-year review and appraisal of the World Programme of Action concerning Disabled Persons. In his review the Secretary-General discusses a strategic framework for development and advancement of persons with disabilities, and presents recommendations on normative issues, policy options and substantive planning and evaluation considerations in promoting the rights of persons with disabilities in the context of development.

This report examines instruments and structures that have been developed to further implement the full participation and equality goals of the World Programme of Action concerning Disabled Persons[1] and to promote the Standard Rules on the Equalization of Opportunities for Persons with Disabilities.[2] The report describes new initiatives related to persons with disabilities, particularly the proposal to elaborate a convention on the rights of persons with disabilities in the context of development, endorsed by General Assembly resolution 56/168 of 19 December 2001. A basic lessonof the review is that a majority of reporting Governments have elaborated a national policy or legislation on persons with disabilities.  An important task for policy development in the new century becomes reinforcing the disability perspective in mainstream development with reference to the “new universe of disability” and the emergence of policy concern with social inclusion, life sphere approaches to disability and promotion of opportunities, on the basis of equality, to participate in social life and development. The review suggests that policy development would be facilitated by progress in elaborating a comprehensive and integrated international instrument to promote and protect the rights of persons with disabilities in the context of development. Policy development and evaluation from the disability perspective would be further strengthened through improvements in data and statistics on disability, which also would facilitate international comparisons of prevalence of disability in populations and with reference to social and economic data sets.

Contents

  1. Introduction
  2. Trends in Policies and Programmes from the Disability Perspective
    1. Disability perspective on development
    2. Developmental approaches to advancement of persons with disabilities
    3. Rights of persons with disabilities; the Standard Rules
    4. Rights of persons with disabilities: treatment in other international instruments
    5. Measuring, monitoring and evaluation of the situation of persons with disabilities
    6. Regional cooperation
    7. Universal design and equalization of opportunities for all
    8. Priorities to further equalization of opportunities

I.   Introduction

1.         General Assembly resolution 56/115, of 19 December 2001, endorsed the view that the fourth five-year review and appraisal of the World Programme of Action concerning Disabled Persons (A/37/351/Add.1 and Corr.1)[3] should review and assess trends in instruments, policies and programmes from the disability perspective in the light of 20 years of international cooperation in the field of disability. This paper examines the extent to which structures are in place and identifies areas in which further action is required to further implement the goals of the World Programme – full participation, and equality - in the context of development. This addendum examines trends in policies and programmes from the disability perspective; addendum 2 reviews progress in furthering equalization of opportunities by, for and with persons with disabilities with special reference to priorities identified by the General Assembly, in resolution 52/82 of 19 December 1997, for action to equalize opportunities viz. accessibility, social services and safety nets, and employment and sustainable livelihoods; addendum 3 analyses issues and trends related to advancement of persons with disabilities in the context of development.

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II. Trends in Policies and Programmes from the Disability Perspective

2.         With the adoption of the World Programme of Action concerning Disabled Persons by the thirty-second session of the General Assembly (1982) the international community obtained a policy framework for developmental approaches to the advancement of persons with disabilities. The goals of the World Programme, “full participation, and equality” reflect the strong commitment of the international community to the human rights of persons with disabilities. This section reviews trends in the implementation of the World Programme during the United Nations Decade of Disabled Persons (1983-1992)[4] through the third review and appraisal of the World Programme, which was conducted in 1997.

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A. Disability perspective on development: emergence of concern with environmental accessibility and rights of persons with disabilities

3.         The World Programme of Action concerning Disabled Persons defines equality for persons with disabilities on par with opportunities available to the entire population. Parity is considered to be a dynamic concept, which changes as societies develop. The World Programme thus provides the basis for a “disability perspective” on development, in contrast with earlier approaches in which persons with disabilities were characterized as “vulnerable” and disability as a problem to be addressed by medical care, rehabilitation and social welfare services. The value proposition of the social welfare approach is to effect changes in persons with disabilities so that they can better fit into “normal” social and economic structures. The disability perspective on development focuses on persons with disabilities as agents and beneficiaries of development of the societies in which they live.[5] A key concern of developmental approaches to disability is promotion of environmental accessibility – in physical environments, in information and communication environments, and in institutional arrangements – to further equalization of opportunities for all.[6]

4.         The three objectives of the World Programme – prevention of disabling conditions, rehabilitation and equalization of opportunities – represent the attempt of the international community to blend traditional disability concerns with the emerging disability perspective on development.[7] Equalization of opportunities is recognized as the process of enhancing accessibility to the general system of society. A key component of enhancing accessibility is promoting the full and effective participation of persons with disabilities in decision-making, which the World Programme notes, can be advanced by assisting the establishment and development of organizations of disabled persons and by initiating direct contacts with these organizations and to provide channels for them to influence governmental policies and decisions that concern them.[8]

5.         The World Programme represents movement towards both a broad human rights perspective and an environmental accessibility perspective. The World Programme recognizes the applicability of the Universal Declaration of Human Rights[9] and the International Covenants on Human Rights[10] to persons with disabilities and provides guidance on promoting and protecting the rights of persons with disabilities.[11] While environmental approaches focus on physical, technical and institutional barriers, human rights approaches focus on rights to which all people, regardless of disability or non-disabled status, are entitled.[12]

6.         The World Programme equates equalization of opportunities with promotion of accessibility in the environment in terms of facilities, communications and livelihoods. The first time access is mentioned in the World Programme is in conjunction with the definition of Handicap, as follows: "Handicap is therefore a function of the relationship between disabled persons and their environment. It occurs when they encounter cultural, physical or social barriers, which prevent their access to the various systems of society that are available to other citizens. Thus, handicap is the loss or limitation of opportunities to take part in the community on an equal level with others."[13]

7.         Accessibility is central to realization of equalization of opportunities and represents an approach to reversing exclusion; general systems of society become accessible to all by the removal of barriers and the promotion of human rights. Access is not an act or a state but freedom to enter, to approach, to communicate with, to pass to and from or to make use of a situation.[14] A review of the literature indicates that several approaches have been offered to assess systematically accessibility of environments in both the disability and health care fields.[15] From the human rights perspective assuring accessible environments requires full and effective participation by persons with disabilities in both policy- and programme-level decisions. It also requires involvement of persons with disabilities in decision making related to development, in contributing to development efforts and in equal sharing of the results of development. Disability issues re not the concern of a specific group; they are an essential prerequisite for advancing the human rights of all people and the comprehensive and integrated development of the societies in which they live. This is presented in the World Programme of Action and re-affirmed in outcomes of major United Nations conferences and summits in the economic and social fields.[16]

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B. Developmental approaches to advancement of persons with disabilities

8.         The proclamation by the General Assembly of the period 1983-1992 as the United Nations Decade of Disabled Persons[17] provided a time frame in which to promote implementation of the objectives of the World Programme of Action, viz. prevention, rehabilitation and equalization of opportunities. The three Programme objectives reflect a blend of traditional disability concerns with environmental variables in a broad human rights framework. The decided focus of the World Programme is on development participation and equality with special attention directed to policy, institutional and structural issues.

9.      The experience of the Decade suggests that lead-time is required to translate international normative considerations into country-level strategies, policies and programmes. The evaluation report of the Secretary-General at the mid-point of the United Nations Decade of Disabled Persons (A/42/561)[18] submitted recommendations on three principal issue clusters: (a) policy options and priority areas for further action, (b) institutional arrangements and coordination mechanisms and (c) resources to support implementation of Programme objectives. Based on its consideration of the findings and recommendations of the evaluation report of the Secretary-General, the General Assembly adopted resolution 42/58, of 30 November 1987, which invited Member States (a) to reinforce national committees on disability, or similar institutional mechanisms; (b) to incorporate projects related to persons with disabilities in national development strategies and plans as well as to encourage “real involvement” of persons with disabilities; and (c) to accord “high priority” to projects on prevention, rehabilitation and equalization of opportunities in bilateral as well as multilateral assistance activities.

10.    Developmental approaches to advancement of persons with disabilities were evident by the mid-point of the Decade in both policies and practice: (a) disability issues were being introduced in efforts aimed at the general population with emphasis on equalization of opportunities;[19] (b) disability and rehabilitation efforts were moving beyond traditional medical concerns and were being incorporated in institutional development and capacity building activities;[20] (c) resource scarcity remained a problem but resources involved not only finances but national personnel and appropriate technologies;[21] (d) organizations of persons with disabilities as well as organizations concerned with disability had become important factors in promoting the World Programme and contributing to its implementation at all levels; (e) common concepts, practical tools for data collection and statistics on persons with disabilities, based on national censuses and surveys, had become available and were being used to identify and assess demographic and socio-economic trends concerning the prevalence of disability;[22] (f) availability of statistics on persons with disabilities contributed to recognition of the need to establish international standards on disability statistics, which would reveal both commonalities and differences in national statistical work, and elaborate an appropriate a set of indicators to monitor Programme implementation and allow comparisons of the situation of persons with disabilities and that of the non-disabled;[23] and (g) handicapping facets of the environment – in terms of communications, movement and loss of opportunities to participate in social and economic life - were increasingly recognized as being critical to the elimination of barriers to equalization of opportunity.[24]

11.    In his evaluation report on the achievements of the Decade[25] the Secretary-General noted that the World Programme of Action had provided a policy framework for the advancement of persons with disabilities in the context of development in a broad human rights framework. The experiences of the Decade had laid the foundations for disability-sensitive strategies, policies and programmes based on the principles of full participation and equality. The report also noted that disability is closely linked to social and economic factors, which had impacted on progress in furthering the objectives of the World Programme. Programme objectives could not be reached in the foreseeable future in the absence of an expansion of international cooperation programmes – both multilateral and bilateral - beyond those available during the Decade. The report also suggested a “need to reinterpret disability” in the light of a number of significant developments during the later-half of the Decade, which include rapid technological changes in both information, communications and medical science, and growing recognition that disability is of concern to the entire population and the need to move beyond group-specific approaches based on care and protection.

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C. Rights of persons with disabilities: the Standard Rules

12.    A particular – but not extensively documented - achievement of the United Nations Decade of Disabled Persons was the paradigmatic shift from the view that disability is a condition that requires a cure, which resulted in policies of exclusion and institutionalization. During the Decade advocates had contributed to shaping a new understanding of living with a disability – which could affect anyone in the course of a “normal human life cycle”[26] - and the need for society to accept and accommodate this condition. Beginning with the adoption of the World Programme of Action, and its focus the human rights of persons with a disability, the emergence of concern with international norms and standards relating to disability carried with it the potential of law to transform an “almost universally pejorative”[27] cultural resistance to equalization of opportunities for persons with disabilities.

13.       The mid-Decade meeting of experts to evaluate its achievements did recommend that the “General Assembly … convene a special conference on the rights of persons with disabilities, with the mandate to elucidate such rights and to draft an international convention on the elimination of all forms of discrimination against disabled persons, to be ratified by States by the end of the Decade [in 1992].”[28] Draft texts of a convention were introduced at the General Assembly at its forty-second and forty-fourth sessions, but the summary records indicate that views were expressed that more study was required of the question.[29]

14.       In response to this dialogue the General Assembly, at its forty-fourth session, “reiterated” its view that the second-half of the Decade direct special emphasis on the equalization of opportunities for persons with disabilities.[30] At its first regular session of 1990 the Economic and Social Council authorized in resolution 1990/26 of 24 May 1990 the Commission for Social Development to initiate work on elaboration of non-binding standard Rules on equalization of opportunities for persons with disabilities. In 1991, Council resolution 1991/9 of 30 May 1991 – United Nations Decade of Disabled Persons – welcomed the initiative of the Commission for Social Development to elaborate “standard technical Rules on the equalization of opportunities for disabled persons”.[31] The work, funded by voluntary resources, included technical meetings with participation by experts from all regions, drew upon experiences of countries during the United Nations Decade of Disabled Persons and used as reference both general international human rights instruments and those related to the rights of persons with disabilities.[32] These efforts resulted in the decision of the General Assembly to adopt by resolution 48/96 of 20 December 1993, the “Standard Rules on the Equalization of Opportunities for Persons with Disabilities.[33]

15.       The value proposition of the Standard Rules, as stated in General Assembly resolution 48/96, annex, (paragraph 15) is “to ensure that girls, boys, women and men with disabilities, as members of their societies, may exercise the same rights and obligations as others.” A basic premise of the Rules is that States “take appropriate action” to remove obstacles that prevent persons with disabilities from exercising their rights and freedoms and make it difficult for them to participate fully in the societies in which they live. The Rules note “Persons with disabilities and their organizations should play an active role as partners in this process.”

16.       While the Rules are not a legally binding instrument, they represent the strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons with disabilities. The Rules serve as an instrument for policy-making and as a basis for technical and economic cooperation. They incorporate the human rights perspective developed during the Decade and provide practical guidance on equalization of opportunities in four chapters: (a) preconditions for equal participation, (b) target areas for equal participation, (c) implementation measures, and a (d) monitoring mechanism.

17.       The aim of the “monitoring mechanism” is to further effective implementation of the Rules, to assist States to assess their respective level of implementation of the Rules, and to measure progress. The purpose of monitoring is to identify obstacles and suggest measures that would contribute to successful implementation of the Rules. Monitoring would recognize the economic, social and cultural features existing in individual States. The Rules further note: “A Special Rapporteur with relevant and extensive experience in disability issues and international organizations shall be appointed [by the Secretary-General], if necessary, funded by extra-budgetary resources, for three years to monitor the implementation of the Rules.”  The first Special Rapporteur on Disability of the Commission for Social Development, Mr. Bengt Lindqvist (Sweden), was appointed by the Secretary-General in 1994 initially for a period three years. Activities of the Special Rapporteur will be discussed in a following section.

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D. Rights of persons with disabilities: treatment in other international instruments

18.    The World Programme of Action called upon the United Nations system to assist efforts in meeting the needs of persons with disabilities.[34] On 20 June 1983, The General Conference of the International Labour Organization (ILO) passed C159 - Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983, which came into force on 20 June of 1985 and has been ratified by 68 ILO Member States. The Convention aims to ensure that appropriate vocational rehabilitation measures are made available to all categories of disabled persons and to promote employment opportunities for disabled persons in the labour market. The Convention urges equality of opportunity and treatment of persons with disabilities of both genders and applies to all categories of persons with disabilities.[35] Based on the work of the United Nations Educational, Scientific and Cultural Organization (UNESCO) the “Salamanca Statement and Framework for Action on special needs education”, adopted by “World Conference on Special Needs Education: access and quality (Salamanca, Spain, 7-10 June 1994)”[36] proclaims that every child has a fundamental right to an education and that education systems must take into account diversity and those with special needs must have access to regular schools with an inclusive orientation. The “Statement” urges that Governments adopt inclusive education as a policy or law. The “Framework for Action” defines ‘special educational needs' as needs arising from disabilities or learning difficulties; the guiding principle is schools should accommodate all children within a child-centered pedagogy.

19.    The “World Conference on Human Rights (Vienna, 14-25 June 1993)”[37] considered new frameworks for planning, dialogue and cooperation to enable holistic approaches to promoting human rights and involve actors at all levels - international, national and local. In its chapter on “Equality, dignity and tolerance” the “Vienna Programme of Action” recognizes that "all human rights and fundamental freedoms are universal, and thus should unreservedly include people with disabilities."[38] The “Vienna Declaration” states (paragraph 22), "Special attention needs to be paid to ensuring non-discrimination, and the equal enjoyment of all human rights and fundamental freedoms by disabled persons, including their active participation in all aspects of society." The international community affirmed its view that any discrimination, intentional or unintentional against persons with disabilities is per se a violation of basic human rights.

20.    Development approaches to advancement of persons with disabilities also were on the agenda of conferences and summits in the economic and social fields organized by the United Nations in the period following the Decade. The “Programme of Action of the International Conference on Population and Development (Cairo, 5-13 September 1994)”[39] considers the situation of persons with disabilities in a broad rights framework and, inter alia, urges Governments (a) to consider the needs of persons with disabilities in terms of ethical and human rights dimensions; (b) to develop infrastructure to address the needs of persons with disabilities with regard to education, training and rehabilitation; (c) to promote mechanisms to ensure the rights of persons with disabilities; and (d) to promotes systems for the social and economic integration of persons with disabilities.[40] The “Copenhagen Declaration and Programme of Action of the World Summit on Social Development (Copenhagen, 6-12 March 1995)”[41] addresses the situation of persons with disabilities under each of the priority themes, viz. eradication of poverty, expansion of productive employment and social integration. The “Beijing Declaration and Platform for Action”[42] adopted at the “Fourth World Conference on Women (Beijing, 4-15 September 1995)” addresses the situation of women with disabilities in a broad rights context. The “Declaration”[43] refers to elimination of barriers to their advancement and participation in development. The “Strategic objectives and actions” chapter of the “Platform” identifies actions for the advancement of women with disabilities with reference to education and training, health, the economy, human rights, and the girl child.[44] The “Istanbul Declaration on Human Settlements and the Habitat Agenda” adopted at the “United Nations Conference on Human Settlements (Habitat II) (Istanbul, 3-14 June 1996)”[45] discusses in “Commitments” chapter the need “to direct special attention” to the needs and circumstances of persons with disabilities; Commitment A, “Adequate shelter for all” refers specifically to the need for accessible shelter and basic services and facilities, which are to be promoted “in a manner fully consistent with human rights standards”.[46]

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E. Measuring, monitoring and evaluation of the situation of persons with disabilities

21.    The preceding reviews of policy instruments indicate that disability issues were recognized as an integral component of the international development agenda. Rights based approaches had obtained policy commitments in major United Nations conferences and summits on social and economic issues of international concern. However, progress on measurement, monitoring and evaluation of the situation of persons with disabilities as a mainstream issue had lagged.[47] The observed tendency was to assess conditions relating to disability in persons at the individual and population levels.

22.     The World Programme of Action concerning Disabled Persons urged Member States to “develop a programme of research on the causes, types and incidence of impairment and disability, the economic and social conditions of disabled persons,”[48] and requested the Statistical Office [now Statistics Division] of the United Nations Secretariat to cooperate with countries in development of practical systems of data collection with regard to disabilities and publish technical manuals on collection of such statistics.[49] However, prior to the adoption of the World Programme, in 1982, the World Health Organization (WHO) concluded that as acute disease conditions came under control there was a need to classify what WHO believed were the consequences of disease. WHO issued in 1980 the International Classification of Impairments, Disabilities and Handicaps (ICIDH)[50] for trial purposes to facilitate health service planning in disability-related fields. Some criticized ICIDH for placing undue emphasis on the medical model of disability; many disability rights advocates noted that the concept “Handicap” recognized that social factors placed persons at a disadvantage along a variety of circumstantial dimensions. In recognition of the potential uses of ICIDH and taking into account the criticisms of its underlying model, particular classifications and language - such as the traditional use of the term "Handicap" in English - resulted in active and engaged world-wide participation in ICIDH implementation and revision processes after its initial publication.

23.    By the mid-point of the United Nations Decade of Disabled Persons technical monographs had been prepared by the United Nations Secretariat on development of statistics related to persons with disabilities and a pilot database on disability statistics - DISTAT - based on national census, surveys and administrative reporting data from 55 countries, was under development.[51] The general conceptual framework of DISTAT was the United Nations framework for integration of social, demographic and related statistics[52]; ICIDH was used to organize DISTAT at the Impairment and Disability levels.[53] A decided focus in DISTAT is on identification of standards for disability statistics and establishment of a common framework for further development of statistics on disability. The experience of DISTAT suggests that measures of socio-economic issues and persons with disabilities are the same as for non-disabled persons; and DISTAT data on educational attainment demonstrate the devastating handicapping effects of disablement among children in terms of loss of opportunity to attend school.[54] In 1996 the Statistics Division partnered with WHO to produce the Manual for the Development of Statistical Information for Disability Programmes and Policies[55] to provide guidelines on production and use of data relevant to disability policies and programmes. In 1997, the Statistics Division issued recommendations for the year 2000 round of population and housing censuses on disability and measurement of the disability dimension in Principles and Recommendations for Population and Housing Censuses; revision 1.[56]

24.    During this period disability advocates raised concerns that efforts to measure disability had directed their emphasis to disability prevalence with a view towards prevention programmes. Some had argued that such a focus conflicted with a human rights perspective because disability is a subjective concept while some measurement efforts attempted to view the concept in a rigid, objective manner. In recent years, others have argued that such efforts are required to assess the situation of persons with disabilities with reference to all persons. The Statistics Division of the United Nations Secretariat and WHO have considered a variety of perspectives concerning data and statistics related to disability, and their activities have helped to build awareness and frame issues in this ongoing debate.

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F. Regional cooperation

25.    In connection with the observance of the end of the United Nations Decade of Disabled Persons (1983-1992) both the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) and the Economic and Social Commission for Western Asia (ESCWA) organized regional reviews and formulated long-term strategies for regional cooperation in the field of disability. In 1989 ESCWA organized the “Conference on Capabilities and Needs of the Disabled in the ESCWA Region (Amman, 20-28 November 1989),” which formulated a planning framework for regional action. At the end of the Decade ESCWA organized, under the patronage of Her Majesty Queen Noor Al Hussein, the “Cultural Event for Disabled Persons (Amman, 17-18 October 1992),” whose substantive plenary endorsed a long-term strategy towards the year 2010 to promote the rights of persons with disabilities in the Western Asia region as well as a framework for proclamation of an “Arab decade of persons with disabilities.” Preparatory work on a long-term strategy to promote the rights of persons in Asia and the Pacific began at the “Fourth Asian and Pacific Ministerial Conference on Social Welfare and Social Development (Manila, 7-11 October 1991)” with adoption of the “Social Development Strategy for the ESCAP Region to the Year 2000 and Beyond (E/ESCAP/825)”. With the ultimate aim of improving the quality of life for all, the regional Social Development Strategy provided a an effective policy framework for the forty-eight session of the ESCAP Commission to proclaim, in resolution 48/3 of 23 April 1992 the period 1993-2002 as the “Asian and Pacific Decade of Disabled Persons” with the goals of full participation and equality of persons with disabilities.

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G. Universal design and equalization of opportunities for all

26.       The third evaluation report of the Secretary-General on implementation of the World Programme of Action (A/52/351) examined a range of disability issues in the context of development with reference to a broad human rights framework. The report documented progress in incorporating the disability perspective in outcomes of major United Nations conferences and summits on social and economic issues of international concern. From a policy point of view, the report discussed the concept of a disability perspective in rights based approaches to development, since this contributes to realization of a “society for all”.[57] The report also introduced the concept of universal design and its application in planning and development of environments[58] that are responsive and supportive of the diverse needs of populations.

27.       The value proposition of universal design is meeting the needs of as many users as possible through inclusive solutions and open and democratic participation, which are basic concerns of the World Programme of Action and the Standard Rules. The seven principles of universal design reflect a set of values to further full participation and equality rather than technical planning and design standards on accessibility: (1) equitable use - the design is useful and relevant to people with diverse abilities; (2) flexibility in use - the design accommodates a wide range of individual preferences and abilities; (3) simple and intuitive use - the design is easy to understand regardless of the knowledge, experience, language skills or concentration level of the user; (4) perceptive information - the design communicates information effectively to the user, regardless of ambient condition or sensory abilities of the user; (5) tolerance for error - the design minimizes the hazards and adverse consequences of unintended actions; (6) low physical effort - the design can be used easily, efficiently and comfortably with a minimum of fatigue; and (7) size and space for approach and use - the size and space for approach, reach, manipulation and use is appropriate, regardless of the body size, posture or mobility of the user.[59]

28.       Introduction of universal design considerations to the evaluation report responded to both an observed expansion of constituencies concerned with disability in the period since the Decade and the recognition that full and effective participation for all in the emerging global information economy required new thinking, accessible and inclusive approaches, and comprehensive development initiatives in a broad rights framework. By linking universal design considerations with the analysis of the political economy of disability the report indicated that sustainable development required full and effective participation by all parties as agents and beneficiaries. The evaluation also recognized the link between environmental accessibility and promotion and protection of human rights of all. The report noted that "...measures of whether persons with disabilities are empowered to take independent decisions in their lives, to exercise control over their use of time, to plan and decide on use of economic resources and to prepare for major life cycle changes represent the types of indicators that can predict whether desired outcomes are being achieved.” The report further noted that such measures of environmental accessibility that affected the exercise of one’s rights, such as independence, uses of time, social integration, economic self-sufficiency and life cycle transitions required further study.

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H. Priorities to further equalization of opportunities

29.       In its consideration of the third evaluation report of the Secretary-General (A/52/351), the General Assembly identified, in resolution 52/82 of 20 December 1997, three priorities for action to further equalization of opportunities: (a) accessibility, (b) social services and safety nets and (c) employment and sustainable livelihoods. The Assembly also urged bodies and organizations of the Untied Nations system to promote the rights of persons with disabilities.[60]

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[1] A/37/351/Add.1 and Add.1/Corr.1, annex, section VIII, recommendation I (IV).

[2] General Assembly resolution 48/96, annex, of 20 December 1993.

[3] < http://www.un.org/esa/socdev/enable/diswpa00.htm>.

[4] General Assembly resolution 37/53 of 3 December 1982.

[5] See, Republic of South Africa, Integrated National Disability Strategy White Paper (Office of the Deputy President, 1997) < http://www.gov.za/whitepaper/1997/disability.html >.

[6] See, “The United Nations and Disabled Persons; the first fifty years” (United Nations, September 2000) < http://www.un.org/esa/socdev/enable/dis50y01.htm >.

[7] World Programme of Action concerning Disabled Persons, “Objectives, Background and Concepts”, < http://www.un.org/esa/socdev/enable/diswpa01.htm >.

[8] Ibid., “National Action” < http://www.un.org/esa/socdev/enable/diswpa07.htm#Participation >.

[9] General Assembly resolution 217 A (III) of 10 December 1948 < http://www.unhchr.ch/udhr/lang/eng.htm >.

[10] International Covenant on Economic, Social and Cultural Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 < http://www.unhchr.ch/html/menu3/b/a_cescr.htm >, and International Covenant on Civil and Political Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966 < http://www.unhchr.ch/html/menu3/b/a_ccpr.htm >.

[11] World Programme of Action, op. cit. “International Action”, para. 164 states “Specifically, organizations and bodies involved in the United Nations system responsible for the preparation and administration of international agreements, covenants and other instruments that might have a direct or indirect impact on disabled people should ensure that such instruments fully take into account the situation of persons who are disabled.”

 < http://www.un.org/esa/socdev/enable/diswpa09.htm#Human rights >.

[12] See, Rioux, Marcia H., Disability: the place of judgment in a world of fact. Journal of Intellectual Disability Research, 1997 Volume 41, Number 2, pp. 102-111; Oliver, Michael, Changing the social relations of research production. Disability, Handicap and Society, 1992, Volume 7, Number 2, pp. 101-114; Ravaud, Jean-François and Stiker, Henri-Jacques, Les modèles de l'inclusion et de l'exclusion à l'épreuve du handicap. Handicap-Revue de Sciences Humaines et Sociales, 2000, Volume 87, pp. 1-8.; Ravaud, Jean-Francois and Stiker, Henri-Jacques, Inclusion/exclusion; Disability, politics and recognition, Chapter 21 in Gary L. Albrecht, Katherine D. Seelman and Michael Bury, editors, Handbook of disability studies (Thousand Oaks, Sage Publications, Inc., 2001), pp. 490-512; Barral, Catherine, “Typology of the forms of social exclusion”; paper presented to “Expert meeting on critical issues and trends related to disability and human rights: emerging issues and concepts (Toronto, York University 17-19 June 2002)”.

[13] World Programme of Action, “Definitions” < http://www.un.org/esa/socdev/enable/diswpa01.htm#Definition >.

[14]Brown, Scott Campbell, Methodological paradigms that shape disability research, Chapter 5 in Gary L. Albrecht, Katherine D. Seelman and Michael Bury, editors, Handbook of disability studies (Thousand Oaks, Sage Publications, Inc., 2001), p. 164.

[15]Pechansky, R. and Thomas, C., The concept of access: Definition and relation to customer satisfaction. Medical Care, 1981, Volume 19, Number 2, p 128; Simeonsson, Rune J., Bailey Jr., Donald B., Scandlin, Donna, Huntington, Gail S. and Roth, Marcia, Disability, health, secondary conditions and quality of life: Emerging issues in public health, Chapter 11 in Rune J. Simeonsson and Lauren N. McDevitt, Editors, Issues in disability and health: the role of secondary conditions and quality of life (Chapel Hill, North Carolina Office on Disability and Health, 1999);Whiteneck, Gale G., Fourgeyrollas, Patrick and Gilbert, Kenneth A., Elaborating the model of disablement, in Marcus J. Fuher, Editor, Assessing medical rehabilitation practices: the promise of outcomes research (Baltimore, Paul H. Brookes Publishing Co., 1997), pp. 99-100.

[16] “Review and appraisal of the World Programme of Action concerning Disabled Persons; report of the Secretary-General (A/52/351)”, para 18 < http://www.un.org/esa/socdev/enable/disrawp2.htm >; and “ Implementation of the World Programme of Action concerning Disabled Persons; report of the Secretary-General (A/56/169 and Corr.1)”, paras 24-26 < http://www.un.org/esa/socdev/enable/disA56169e2.htm#IIC >.

[17] General Assembly resolution 37/53 op. cot.

[18] Report is based on findings and recommendations of the “Global meeting of experts to review the implementation of the World Programme of Action concerning Disabled Persons at the mid-point of the United Nations Decade of Disabled Persons (Stockholm, 17-22 August 1987)”, generously supported by Government of Sweden.

[19] At the policy level, the “Nairobi forward-looking strategies for the advancement of women” state, “women constitute a significant number of … people who are disabled”. The Strategies also note, “many factors account for rising numbers of disabled persons, including war … violence, poverty, hunger … and work-related accidents”; and. ”recommended that Governments … adopt … the World Programme of Action concerning Disabled Persons.” Report of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development, Peace, Nairobi, 15-26 July 1985 (A/CONF.116/28/ Rev.1), chap. I, sect. A, para. 296.

[20] The mid-Decade report of the Secretary-General on “Implementation of the World Programme of Action concerning Disabled Persons (A/42/551)” noted that bi-lateral cooperation in the field of disability in the period under review had included support for drinking water and sanitation as well as for health services and nutrition surveillance. The report also described institutional development and leadership training activities, in areas such as community based rehabilitation, appropriate technologies, sports training and cooperative development, supported by the United Nations Voluntary Fund on Disability, which also included co-financing support to a UNDP-assisted project on training and research in rehabilitation in Mauritania.

[21] “Evaluation of the implementation of World Programme of Action concerning Disabled Persons during the first-half of the United Nations Decade of Disabled Persons; report of the Secretary-General (A/42/561)” noted the need to mobilize “additional voluntary resources from both Governments and the private sector … to respond effectively to the considerable and growing demand for assistance in the disability field” (para. 47 (c)”.

[22] See, United Nations Disability Statistics Data Base, 1975-1986: Technical Manual (United Nations publication, Sales No. E.88.XVII.12); Elaboración de estadísticas sobre los impedidos: estudios de casos; (United Nations publication, Sales No. S.86.XVII.17). The World’s Women 1970-1990; trends and statistics (United Nations publication, Sales No. E.90.XVII.3) discusses, briefly, the situation of women with disabilities and noted that care of persons with disabilities fell disproportionately on women.

[23] Development of Statistical Concepts and Methods on Disability for Household Surveys (United Nations publication, Sales No. E. 88.XVII.4); and Disability Statistics Compendium (United Nations publications, Sales No. E.90.XVII.17).

[24] The mid-Decade review (A/42/561) submitted recommendations, inter alia, on (a) recognition of sign language as a legitimate interpretation need in United Nations meetings, when required; (b) access to United Nations facilities and materials for persons with special needs; (c) national-level guidelines on the rights of persons with communications disabilities, and on education and training for socio-economic integration of persons with disabilities.

[25] “Implementation of the World Programme of Action concerning Disabled Persons and the United Nations Decade of Disabled Persons; report of the Secretary-General (A/47/415)”.

[26] Robert L. Metts, “Planning for Disability” (paper presented at United Nations Panel on Independent Living of Persons with Disabilities, United Nations, 3 December 1998) < http://www.un.org/esa/socdev/enable/disid98f.htm >.

[27] James I. Charlton, Nothing About Us Without Us: disability oppression and empowerment (Berkeley, University of California Press)p. 25.

[28] A/42/561, para. 14.

[29] A/C.3/42/SR.16, SR.17 and SR.19; A/C.3/44/SR.16 and SR.20.

[30] General Assembly resolution 44/70 of 8 December 1989, operative paragraph 2.

[31] Official Records of Economic and Social Council, 1991, Supplement No. 6 (E/1991/26), chap. I, sect. D, resolution 32/2.

[32] General instruments include the Universal Declaration of Human Rights, article 25 (1) (General Assembly resolution 217 A (III) of 10 December 1948); International Covenant on Civil and Political Rights (General Assembly resolution 2200 A (XXI) of 16 December 1966); International Covenant on Economic, Social and Cultural Rights, (General Assembly resolution 2200 A (XXI) of 16 December 1966); Convention on the Rights of the Child, article 27 (1) (General Assembly resolution 44/25 of 20 November 1989); Convention on the Elimination of All Forms of Discrimination against Women, article 14, sect. 2 (h) (General Assembly resolution 34/180 of 18 December 1979); International Convention on the Elimination of All Forms of Racial Discrimination, article 5 (e) (General Assembly resolution 2106 (XX) of 21 December 1965). Disability related instruments include the Declaration on the Rights of Mentally Retarded Persons (General Assembly resolution 2856 (XXVI) of 20 December 1971; Declaration on the Rights of Disabled Persons (General Assembly resolution 3447 (XXX) of 9 December 1975; Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care (General Assembly resolution 46/119, annex, of 17 December 1991. See also Office of the High Commissioner for Human Rights, “International human rights instruments” < http://www.unhchr.ch/html/intlinst.htm >; and International Labour Organization, “ILOLEX Database of international labour standards” < http://www.ilo.org/ilolex/english/index.htm >.

[33] < http://www.un.org/esa/socdev/enable/dissre00.htm >.

[34] World Programme of Action concerning Disabled Persons, op. cit., para. 175 (d).

[35] < http://www.iol.org/ilolex/cgi-lex/convde.pl?Cc159 >.

[36] < http://www.unesco.org/education/educprog/sne/saalamanc/covere.html >.

[37] < http://www.unhchr.ch/html/menu5/wchr.htm >.

[38] Report of the World Conference on Human Rights, Vienna, 14-25 June 1993 (A/CONF.157.24), Part I, chap. III, sect. I, para.22 < http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En?OpenDocument >.

[39] Report of the International Conference on Population and Development, Cairo, 5-13 September 1994 (A/CONF.171/13/Rev.1), chap. I, resolution 1 (Annex).

[40] Ibid., chap. VI (Population growth and structure), paras. 6.29 to 6.33 < http://www.un.org/popin/icpd/conference/offeng/poa.html >.

[41] Report of the World Summit for Social Development, Copenhagen, 6-12 March 1995 (A/CONF.166/9), chap. I, resolution 1 (Annexes I and II) < http://www.un.org/documents/ga/conf166/aconf166-9.htm >.

[42] Report of the Fourth World Conference on Women, Beijing 4-15 September 1995 (A/CONF.177/20/Rev.1), chap. I, resolution 1 (Annexes I and II).

[43] Ibid., Annex I, para. 32.

[44] Ibid., Annex II, chap. IV < http://www.un.org/esa/gopher-data/conf/fwcw/off/a--20.en >.

[45] Report of the United Nations Conference on Human Settlements (Habitat II), Istanbul, 3-14 June 1996 (A/CONF.165/14), chap. I, resolution 1, (Annexes I and II).

[46] Ibid., Annex II, chap. III, paras. 39-40. Commitment B, “Sustainable human settlements” (paras. 42-43) addresses provision of equal opportunities for a healthy, safe and productive life for those who belong to vulnerable and disadvantaged groups. Commitment C, “Enablement and participation” (paras. 44-45) expresses commitments for capacity building in human settlements planning and management, based on dialogue among actors, especially women and persons with disabilities, for promoting equal access to information, and for facilitating participation in management of public and community-based housing by women and those who belong to vulnerable and disadvantaged groups < http://www.unchs.org/unchs/english/hagenda/index.htm >.

[47] The 12 “key socio-economic indicators” related to the major United Nations conferences and summits on social and economic issues of international concern – elaborated by the system-wide Advisory Committee on Coordination (ACC) Task Force on Basic Social Services for All - did not include any measure of incidence of disability in persons. The indicators are: total population, access to health services, contraceptive prevalence, underweight prevalence among preschool children (under 5), maternal mortality ratio, mortality rate for infants and under-5 populations, life expectancy at birth (female/male), school enrolment (female/male), adult literacy (female/male), access to safe water, access to sanitation, and floor area per person. See, Charting the progress of populations (United Nations publication, Sales No. E.00.XIII.6).

[48] World Programme of Action, op. cit., para. 185.

[49] Ibid., para 198 < http://www.un.org/esa/socdev/enable/diswpa10.htm >.

[50] World Health Organization, International Classification of Impairments, Disabilities and Handicap: a manual of classification relating to the consequences of disease (Geneva, 1980).

[51] “Report of the expert group on development of statistics on disabled persons (Vienna, 2-6 April 1984)” (ESA/STAT/AC.18/7); Development of Statistical Concepts and Methods on Disability for Household Surveys (United Nations publication, Sales No. E.88.XVII.4); United Nations Disability Statistics Data Base, 1975-1986: technical manual (United Nations publication, Sales No. E.88.XVII.12).

[52] Towards a System of Social and Demographic Statistics (Statistical Papers, Series F, No. 18) (United Nations publication, Sales No. E.74.XVII.8).

[53] Disability Statistics Compendium, chap. I,” Introduction” (United Nations publication, Sales No. E.90.XVII.17).

[54] Ibid., chap. II, “Overview”, p. 47.

[55] United Nations publication, Sales No. E.96.XVII.4.

[56] United Nations publication, Sales No. E. 98.XVII.8, paras. 2.258-2.277.

[57] General Assembly resolution 48/99 of 20 December 1993.

[58] Environment is used in the broad sense and, as noted above, refers to the policy and programme environments for equalization of opportunities, the social and economic environments to pursue equalization of opportunities, accessible built environments, and information and technologies environments that provide reasonable accommodation

[59] Report of “International Seminar on Environmental Accessibility; planning and design of accessible urban development in developing countries (Beirut, 30 November - 3 December 1999)” (E/ESCWA/HS/2000/1) < http://www.un.org/esa/socdev/enable/disisea.htm >.

[60] < http://www.un.org/esa/socdev/enable/disimpe0.htm >.

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