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E/CN.4/RES/2003/49
2003/49. Human rights of persons with
disabilities
The Commission on Human Rights,
Recalling that all persons with disabilities have the right to protection
against discrimination and to full and equal enjoyment of their human
rights, as laid down, inter alia, in the provisions of the Universal
Declaration of Human Rights, the International Covenant on Economic,
Social and Cultural Rights, the International Covenant on Civil and
Political Rights, the Convention on the Rights of the Child, the Convention
on the Elimination of All Forms of Discrimination against Women and
the 1983 Convention concerning vocational rehabilitation and employment
(disabled persons) (No. 159) of the International Labour Organization,
Recalling and reaffirming commitments relating to the human
rights and fundamental freedoms of persons with disabilities made
at the major United Nations conferences and summits since 1990 and
their follow up processes and stressing the importance of mainstreaming
the disability issue in their implementation,
Recalling General Assembly resolutions 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 on the
implementation of the World Programme of Action concerning Disabled
Persons,
Recalling also General Assembly resolution 56/168 of 19 December 2001,
in which the Assembly established an Ad Hoc Committee on a Comprehensive
and Integral International Convention on Protection and Promotion
of the Rights and Dignity of Persons with Disabilities, and resolution
57/229 of 18 December 2002, in which the Assembly took note with appreciation
of the report of the Ad Hoc Committee on its first session and reaffirmed
the need to promote and protect the equal and effective enjoyment
of all human rights and fundamental freedoms of persons with disabilities,
aware of the contribution that a convention could make in that regard,
Reaffirming its resolution 2002/61 of 25 April 2002 on human rights
of persons with disabilities,
Taking note of the resolution adopted by the Commission for Social
Development on 21 February 2003 on a comprehensive and integral international
convention to promote and protect the rights and dignity of persons
with disabilities,
Recalling the study on human rights and disability presented at the
fifty eighth session of the Commission on Human Rights,
Recognizing the considerable contribution of civil society, including
non governmental organizations, especially organizations of persons
with disabilities, to the global effort to bring about full participation
and equality for persons with disabilities,
Welcoming in this regard General Assembly resolution 56/510 of 23
July 2002 on accreditation and participation of non governmental organizations
in the Ad Hoc Committee and the decision on the modalities for the
participation of accredited non governmental organizations taken by
the Ad Hoc Committee at its first session,
Expressing grave concern that situations of armed conflict have especially
devastating consequences for the human rights of persons with disabilities,
Concerned at the extent of disabilities caused by the indiscriminate
use of anti personnel mines and other weapons which may be deemed
to be excessively injurious or to have indiscriminate effects, and
at the long lasting impact of these weapons which prevent the full
and effective enjoyment of human rights, particularly among civilian
populations, and welcoming increased international efforts to address
this issue,
Reaffirming its commitment to ensuring that the human rights of persons
with disabilities and their concerns for full participation in all
aspects of society continue to be addressed in all of its work,
1. Recognizes that any violation of the fundamental principle of equality
or any discrimination or other unjustified differential treatment
of persons with disabilities inconsistent with the Standard Rules
on the Equalization of Opportunities for Persons with Disabilities
infringes or nullifies and impairs the enjoyment of human rights by
persons with disabilities;
2. Urges Governments to take active measures to ensure the full enjoyment
by persons with disabilities of all human rights and fundamental freedoms,
including by removing or facilitating the removal of barriers and
obstacles to the equal and effective enjoyment of these rights, as
well as by developing national policies;
3. Takes note with appreciation of the report of the United Nations
High Commissioner for Human Rights on progress in the implementation
of the recommendations contained in the report of the United Nations
High Commissioner for Human Rights on progress in the implementation
of the recommendations in the study on the human rights of persons
with disabilities (E/CN.4/2003/88) and requests the Secretary General
to make it available to the Ad Hoc Committee on a Comprehensive and
Integral International Convention on Protection and Promotion of the
Rights and Dignity of Persons with Disabilities;
4. Notes with interest the elaboration by the Office of the High Commissioner
of a long term plan in the field of the promotion and protection of
human rights of persons with disabilities, in keeping with its multi
track approach, as well as the objectives of the plan set forth in
the study, and looks forward to its further implementation;
5. Calls upon the Office of the High Commissioner to continue to consider
in its activities implementing the recommendations that relate to
it in the study on human rights and disability, as well as to continue
to strengthen collaboration with other United Nations agencies and
bodies;
6. Underlines in this regard the importance of strengthening the cooperation
and coordination between the Office of the High Commissioner and the
Department of Economic and Social Affairs of the Secretariat in order
to support the work of the Ad Hoc Committee;
7. Calls upon the Office of the High Commissioner to report to the
Commission on Human Rights at its sixtieth session on progress in
the implementation of the recommendations contained in the study on
human rights and disability and on the programme of work of the Office
in relation to the human rights of persons with disabilities;
8. Invites all special rapporteurs, in carrying out their mandates,
to take into account the human rights of persons with disabilities;
9. Invites the Special Rapporteur on disability of the Commission
for Social Development to address the Commission on Human Rights at
its sixtieth session on his or her experience of the human rights
dimension gained by him or her and the panel of experts through monitoring
the Standard Rules on the Equalization of Opportunities for Persons
with Disabilities, and looks forward to a continued involvement of
the Special Rapporteur in issues relating to disability within the
Commission on Human Rights in order to mainstream a disability perspective;
10. Invites human rights treaty monitoring bodies to take into account
the concerns of persons with disabilities in their lists of issues
and concluding observations, to consider drafting general comments
and recommendations on the full enjoyment of human rights by persons
with disabilities and to integrate a disability perspective into their
monitoring activities;
11. Urges Governments to cover fully the question of the human rights
of persons with disabilities in complying with their reporting obligations
under the relevant United Nations human rights instruments;
12. Also urges Governments to consider nominating persons with disabilities
for election to the treaty monitoring bodies, bearing in mind relevant
existing considerations for nominations to treaty monitoring bodies;
13. Invites national human rights institutions and non governmental
organizations to strengthen their work on human rights and disability,
including by participating actively in the Ad Hoc Committee, and to
enhance their level of contributions to the work of the treaty monitoring
bodies;
14. Encourages Governments and relevant intergovernmental institutions
to develop programmes for persons with disabilities to enable them
to develop their potential to participate fully in all aspects of
society and thus achieve the enjoyment of all their human rights;
15. Reaffirmsits commitment to continue to contribute to the process
established by the General Assembly in resolution 56/168 by, inter
alia, providing its recommendations on the full and effective enjoyment
of all human rights of persons with disabilities;
16. Acknowledges the contributions and support of the Office of the
High Commissioner to the process established by the General Assembly
in resolution 56/168 on a comprehensive and integral international
convention to protect and promote the rights and dignity of persons
with disabilities, and encourages the Office to continue to do so
in accordance with Assembly resolutions 56/168 and 57/229;
17. Recalls the invitation by the Ad Hoc Committee to States, as well
as regional commissions, intergovernmental organizations and relevant
human rights treaty bodies, within their respective mandates, and
non governmental organizations, national disability and human rights
institutions and independent experts with an interest in the matter,
to make available to the Ad Hoc Committee suggestions and possible
elements to be considered for a convention;
18. Invites Governments, civil society and the private sector to contribute
to the United Nations Voluntary Fund on Disability, as well as to
the voluntary fund established by the General Assembly in resolution
57/229, to support the participation of non governmental organizations
and experts from developing countries, in particular from the least
developed countries, in the work of the Ad Hoc Committee;
19. Calls upon all United Nations organizations and specialized agencies
and all intergovernmental institutions for development cooperation
to integrate disability measures into their activities, including
by addressing the problems that exist in creating equal opportunities
for persons with disabilities at all levels, and to reflect this in
their activity reports;
20. Requests the Secretary General to include in relevant reports
to the General Assembly information on the progress of efforts to
ensure the full recognition and enjoyment of the human rights of persons
with disabilities;
21. Decides to continue its consideration of this question at its
sixtieth session under the same agenda item.
59th meeting
23 April 2003
[Adopted without a vote. See chap. XIV.]
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