COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Introduction   
INTRODUCTION
This compilation provides concise analytical information on international norms and
standards concerning persons with disabilities that have been adopted under the auspices
of the United Nations System or other inter-governmental bodies and organizations. It is a
reference tool that contains information resources on the international and regional
normative standards to promote the rights of persons with disabilities in society within a
broad human rights framework, encompassing the full range of human rights from civil and
political to economic, social and cultural rights and the different mechanisms by which
these norms and standards have been adopted in to local laws. Further, this compilation is
a practical guide to putting into practice rights on behalf of persons with disabilities.
It also provides an educational tool designed to assist Governments, national and
international policy makers, intergovernmental organizations, international organizations,
non-governmental organizations, researchers in the area of disability rights, civil
society organizations concerned with disability issues and the global disability community
to identify effective measures to promote, protect and integrate the rights of persons
with disabilities into all areas of national legislation, policies and programmes and to
promote increased awareness of internationally accepted norms on: 1) the equalization of
opportunities for persons with disabilities; 2) the full and effective integration of
persons with disabilities in social life and development; and 3) standards to protect and
promote the rights of persons with disabilities. It is hoped that the compilation may
provide a practical tool to effect the commitment of the international, national and local
communities to the goals and objectives of international human rights standards pertaining
to persons with disabilities, identify obstacles and challenges in implementing these
rights and develop an agenda for the empowerment of persons with disabilities.
The compilation is
divided into five parts. The Background to the compilation introduces international human
rights norms and the specific international norms on disability rights. Part I discusses
the national framework for the protection of human rights and
disability rights. Part II discusses the international human
rights guarantees, which address disability rights. Part III explores the regional human rights mechanisms available for the protection of
disability rights. Part IV reviews the different categories of
rights protection for persons with disabilities and Part V discusses the rights of persons with disabilities belonging to special groups.
It is hoped that
this draft Compilation posted on the Internet will encourage scholars, practitioners and
specialists in international law and policy to make comments on this draft and generally
contribute their thoughts on the innovative application of international norms and
standards to advance the status of persons with disabilities.
Background to International Norms and Standards Pertaining to
Persons with Disabilities
The United Nations from its very inception has been concerned with the status and
rights of persons with disabilities, and has also recognized that discrimination against
persons with disabilities adversely affects the economic and social development of entire
communities. The United Nations has sought to promote the right of persons with
disabilities in its very founding principles, which are based on fundamental freedoms and
equality of all human beings.
a) General International Norms Pertaining to Persons with Disabilities
The Charter of the United Nations requires member States to respect human rights for
all without any distinction as to race, sex, language or religion and forms the nucleus
for the protection of rights for persons with disabilities.
Specific articles of the Charter provide the foundation on which disability rights can
be built. These articles are as follows:
- Article 1 (3) states that the purpose of the United Nations is “…to achieve
international co-operation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging respect for human
rights and for fundamental freedoms for all without distinction..."
- Article 13 (1) (b) states that the General Assembly “…shall initiate studies
and make recommendations for the purpose of promoting international co-operation in the
economic, social, cultural, educational, and health field, and assisting in the
realisation of human rights and fundamental freedoms for all..."
- Article 55 (a) states that the “…United Nations shall promote higher standards
of living, full employment, and conditions of economic and social progress and
development." Furthermore, article 55 (c) provides that the “…United
Nations shall promote universal respect for, and observance of, human rights and
fundamental freedoms for all..."
The Universal Declaration of Human Rights forms the fundamental normative basis on
which international norms and standards concerning persons with disabilities have evolved.
The Universal Declaration contains a number of provisions, which constitute the foundation
for resolutions regarding disabilities based on the principle of equal rights. They are as
follows:
- Article 1 states: “…all human beings are born free and equal in dignity and
rights." Article 2 provides that “…everyone is entitled to all the rights
and freedoms set forth in this Declaration, without distinction of any kind, such as race,
colour, sex...or other status"
- Articles 3 and 6 together state: “Everyone has the right to…" life,
without any provisions or limitations.
- Article 7 states that “…[a]ll are equal before the law and are entitled
without any discrimination to equal protection of the law. All are entitled to protection
against any discrimination and against any incitement to such discrimination."
Furthermore, article 25 of the Declaration recognises that everyone has “…the
right to security in the event of unemployment, sickness, disability, (...) or other lack
of livelihood in circumstances beyond his control."
Apart from the Universal Declaration of Human Rights there are six core human rights
conventions that relate to the rights of persons with disabilities. The
International Covenant on Civil and Political Rights (ICCPR), and the International
Covenant on Economic, Social and Cultural Rights (ICESCR) ratified in 1966 are the two
basic human rights treaties and together with the Universal Declaration of Human Rights
constitute the International Bill of Rights. The other four core human rights conventions
are the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment ( 1949); the Convention on the Elimination of All Forms of Discrimination
Against Women (1979); the Convention on the Rights of the Child (1989); and the
International Convention on the Elimination of All Forms of Racial Discrimination (1966).
While all six conventions stipulate the principle of non- discrimination, the last
mentioned treaties specify the general rights enunciated in the ICCPR and ICESR
The provisions on anti-discrimination in the ICCPR have special relevance to rights of
persons with disabilities. These rights are as follows:
The right to life (article 6) and the right to freedom from torture and other cruel,
inhuman or degrading treatment and punishment (article 7) have special relevance to
disability. The right to be recognised as a person before the law (article 16) too has
special significance to persons with disabilities. Both articles 14 and 15 recognise the
right to access to justice, including the right to the free assistance of an interpreter
in court. One of the most important rights in relation to persons withdisabilities
is enunciated in article 25, which establishes that citizens are entitled to “access
on general terms of equality, to public service in his country".
The provisions of the ICESR pertaining to anti-discrimination too relate to rights of
persons with disabilities. Article 2, paragraph 2 of the Convention encourages
states parties to, “ undertake to guarantee that the rights enunciated in the present
Covenant will be exercised without discrimination of any kind as to race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth
or other status. According to General Comment No.3, states must take steps which are
deliberate, concrete and targeted and must be taken within a reasonably short time after
the Covenant’s entry into force in a particular country. General Comment No.3 also
emphasises that “ even in times of severe resource constraint…the
vulnerable members of society can and indeed must be protected by the adoption of
relatively low-cost targeted programmes."
General Comment No. 5 is a definitive analysis of the States parties obligations under
the ICESR in the context of disability. It recognizes that:
“[t]hrough neglect, ignorance, prejudice and false assumptions, as well as
through exclusion, distinction or separation, persons with disabilities have very often
been prevented from exercising their economic, social or cultural rights on an equal
basis with persons without disabilities. The effects of disability-based discrimination
have been particularly severe in the fields of education, employment, housing, transport,
cultural life, and access to public places and services."[2]
State party obligations in relation to non-state parties are enumerated thus:
“[in] the absence of Government intervention there will always be instances in
which the operation of the free market will produce unsatisfactory results for persons
with disabilities, either individually or as a group, and in such circumstances it is
incumbent on Governments to step in and take appropriate measures to temper, complement,
compensate for, or override the results produced by market forces." [3]
States parties are encouraged to take affirmative action to:
“ reduce structural disadvantages and to give appropriate preferential treatment
to people with disabilities in order to achieve the objectives of full participation and
equality within society for all persons with disabilities." [4]
Further, states parties are, “ required to take appropriate measures, to the maximum
extent of their available resources, to enable such persons to seek to overcome any
disadvantages, in terms of the enjoyment of the rights specified in the Covenant, flowing
from their disability."[5] The General Comment No. 5 also
states that, “it is also necessary to ensure that support services, including
assistance devices are available for persons with disabilities, to assist them to increase
their level of independence in their daily living and to exercise their rights."[6]
The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment is of special importance in preventing disability as a result of torture. In
furtherance of its obligations under the Convention, states parties are to take necessary
steps under Article 2 of the convention.[7]
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
covers all women, whether disabled or not. Women with disabilities face
discrimination both because of their gender and disability. Moreover, certain gender
specific cultural or traditional practices can cause disability among women as well as
cause further harm to disabled women.
Unlike other human rights conventions, the Convention on the Rights of the Child in
article 23 focuses directly on children with disabilities. Even though no direct
obligations have been placed on state parties to take measures to ensure that children
with disabilities enjoy a life of dignity, self reliance and integration with the
community, article 23, paragraph 1-4 recognizes the importance of participation in the
community, education, training health care, rehabilitation employment and recreation
opportunities for children with disabilities.[8] The Committee on
the Rights of the Child has however established that the fact that article 23 is dedicated
to children with disabilities should not mean that the rights of children with
disabilities are confined to that article.
The International Convention on the Elimination of All Forms of Racial Discrimination,
like CEDAW is aimed at preventing double discrimination. Persons with disabilities
of particular racial or minority groups are more vulnerable to discrimination on account
of both race and disability. The Convention, as noted by General Recommendation XXV covers
gender related racial discrimination and by analogy, an inference could be drawn that it
covers disabled persons of different racial or ethnic groups.
b) Specific Rights Pertaining To Persons with Disabilities
In the past few decades, the United Nations has given considerable attention to the
rights of persons with disabilities. Increased crisis situations such as widespread
hunger, wars, and ecological disasters afflicting many communities around the world have
increased the numbers of persons with disabilities. Apart from general human rights
conventions, the United Nations has created extensive policy on issues of disability.
In 1971, the Declaration on the Rights of Mentally Retarded Persons was adopted by
the General Assembly. Article 1 of the Declaration on the Rights of Mentally Retarded
Persons proclaims that mentally retarded persons have the same rights as other human
beings. In addition, Article 2 states that mentally retarded persons have the right to
proper medical care and physical therapy and to such education, training, rehabilitation
and guidance as will enable them to develop their ability and maximum potentials. Also,
mentally retarded persons have the right to economic security and a decent standard of
living (article 3). Article 6 provides that mentally disabled persons have a right to
protection from exploitation, abuse and degrading treatment. Furthermore, the Assembly
declared that there should be legal safeguards available to protect the mentally retarded
from abuse.
Article 1 of the Declaration on the Rights of Disabled Persons adopted in 1975 defines
a person with disabilities as "…any person unable to secure by himself, wholly
or partly, the necessities of a normal individual and / or social life, as a result of
deficiency, either congenital or not, in his or her physical or mental capabilities."
In the Preamble of the Declaration, the General Assembly called for "…national
and international action to ensure that it will be used as a common basis and frame of
reference for the protection of [the rights contained within the Declaration]..."
Article 4 asserts broad social and economic rights for disabled persons and provides that
disabled persons have the same civil and political rights as other human beings. Article 5
provides that "…disabled persons are entitled to the measures designed to enable
them to become as self- reliant as possible." Article 6 states that persons with
disabilities have the "…right to medical, psychological and functional treatment
(...) to medical and social rehabilitation, education, vocational training and
rehabilitation, aid, counselling, placement services and other services which will enable
them to develop their capabilities and skills to the maximum and will hasten the processes
of their social integration or reintegration." Article 7 provides that disabled
persons have the right to economic and social security and to a decent level of living.
"Disabled persons are entitled to have their special needs taken into account at all
stages of economic and social planning" (article 8). Also, Article 9 states that
disabled persons have the right "…to live with their families or with foster
parents and to participate in all social, creative or recreational activities." The
Declaration also prohibits discrimination. For example, article 10 states:
"Disabledpersons shall be protected against all exploitation, all regulations and all
treatment of a discriminatory, abusive or degrading nature." The Declaration further
requires that disabled persons be "…provided with qualified legal aid where such
aid is indispensable for the protection of disabled persons themselves and their
property" (article 11). Finally, the Declaration states that persons with
disabilities and their families have a right to receive information on the rights
contained in the Declaration (article 13).
In the 1980’s the activity that began in the 1970’s picked up momentum and
the next decade witnessed an acceleration of activity on rights on behalf of persons with
disability. The year 1981 was declared the International Year of Disabled Persons [9] by a General Assembly resolution. An important United Nations
Voluntary Fund on Disability was established by General Assembly Resolution 32/133 in
connection with the International Year of Disabled Persons. The Fund was later renamed the
Voluntary Fund for the United Nations Decade of Disabled Persons (1983-1992). The theme
was Full Participation and Equality, defined as the right of persons with disabilities to
participate fully in their societies, to enjoy equal living conditions, and to have an
equal share in improved conditions. The resolution proclaimed that the year 1981 be
devoted to the full integration of disabled persons in society; the encouragement of
academic research projects to facilitate the participation of persons with disabilities in
daily life; the education of the public in regard to the rights of persons with
disabilities; understanding and accepting persons with disabilities; and encouraging
persons with disabilities to form organizations to express their views.
One of the most important outcomes of the International Year of Disabled Persons was
the formulation of the World Programme of Action Concerning Disabled Persons, which was
adopted by the General Assembly in 1982. The World Programme represents the first world
wide international long-term policy in relation to disabled persons. The Programme
proposed three actions:
(1) Prevention of mental, physical and sensory impairments;
(2) Rehabilitation to assist disabled persons to reach their optimum mental,
physical, and social capacities;
(3) Equalization of opportunities for persons with disabilities in areas including
housing, transportation, education, social and medical well-being and recreation.
The World Programme of Action Concerning Disabled Persons consists of three chapters:
(1) Objectives, Background and Concepts;
(2) An overview of the current situation of disabled persons and
(3) Proposals for the implementation of the Programme.
The purpose of the World Programme is to promote effective measures for prevention of
disability, rehabilitation and the realisation of the goals of Full Participation of
disabled persons in social life and development and of Equality. The Programme adds a
human rights dimension by recognising the Equalization of Opportunities as an important
objective for achieving full participation by disabled persons in all areas of life.
The Programme marks a shift towards a rights based model and an explicit recognition of
the right of all persons to equal opportunity.[10] The General Assembly
adopted the resolution Implementation of the World Programme of Action Concerning Disabled
Persons the year following the adoption of the World Programme.
The 1987 review in Stockholm of the Implementation of the World Programme of Action
concerning Disabled Persons in Stockholm recommended the drafting of a convention on the
human rights of persons with disabilities. In 1994, a long-term strategy was adopted
to implement the World Programme of Action concerning Disabled Persons to the Year 2000.
The General Assembly declared the period of 1983 to 1992 the United Nations Decade of
Disabled Persons. The General Assembly encouraged Member States to use the decade to
implement the World Programme of Action. In 1989, the General Assembly adopted the Tallinn
Guidelines for Action on Human Resources Development in the Field of Disability. The
Guidelines provide a framework for the education and employment of persons with
disabilities within government ministries and on all levels of national policy-making. The
aim of the Tallinn Guidelines for Action on Human Resources Development in the Field of
Disabilityis to promote the human resources development of persons with disabilities.
Guideline 6 states that human resource development "…is a process centred on the
human person that seeks to realise the full potential and capabilities of human
beings." Guideline 9 provides that "…the abilities of disabled persons and
their families should be strengthened through community-based supplementary services
provided by Governments and non-governmental organizations."
The Guidelines outline a series of strategies for promoting the human resource
development of persons with disabilities. These strategies include the promotion of
education, training and employment for disabled persons, as well as community awareness.
In particular, guideline 33 provides that "…disabled persons have the right to
be trained for and to work on equal terms in the regular labour force." Guideline 23
states that "…education at the primary, secondary and higher levels should be
available to disabled persons within the regular educational system and in regular school
settings, as well as in vocational training programmes." Guideline 28 provides that
"…in addition to being offered formal skills training and education, disabled
persons should be offered training in social and self-help skills to prepare them from
independent living." The thrust of the guidelines is that disabled persons are
"…agents of their own destiny rather than objects of care…" (guideline
8).
In 1991, the General Assembly adopted the Principles for the Protection of Persons with
Mental Illness for the Improvement of Mental Health Care. The Principles define the basic
rights and fundamental freedoms of persons with disabilities and was considered a new
development in the field of treatment of mental health.
The Principles for the Protection of Persons with Mental Illness and the Improvement of
Mental Health Care represent minimum United Nations standards for protecting the
fundamental freedoms and legal rights of those with mental illness. They are intended to
be used by Governments, special agencies, national and regional organizations,
international organizations, and non-governmental organizations as a guide.
Principle 1 (2) provides that "…all persons with a mental illness, or who are
being treated as such persons, shall be treated with humanity and respect for the inherent
dignity of the human person." Other rights of persons with mental illnesses which are
included in the Principles concern the protection of minors, determination of mental
illness, medical examination, confidentiality, consent to treatment, and rights and
conditions in mental health facilities. Principle 23 requires States to implement these
Principles through appropriate legislative, judicial, administrative, educational and
other measures. According to principle 24, the Principles apply to all persons who are
admitted to a mental health facility.
The major outcomes of the last decade were the designation of December 3rd as the
annual International Day of Disabled Persons[11] and the subsequent
adoption of The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities. The Standard Rules consist of four major sections: 1) Preconditions for
equal participation; 2) Target areas for equal participation, 3) Implementation measures;
and 4) Monitoring mechanisms.
The Rules summarise the message of the World Programme of Action concerning Disabled
Persons and are designed to provide Governments with policy guidelines and options, which
can be incorporated into national legislation. The long-term strategy presents a framework
for collaborative action at the national, regional and international levels to achieve the
aim expressed by the Assembly in resolution 48/99 of a society for all by the year 2010.
The Strategy outlines a sequence of suggested actions by interested Governments for the
period 1995-2010, together with associated targets, time-frames for action and an
ancillary set of support measures at the regional and international levels to realize that
aim.
Although The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities are not legally binding and do not have the full force of law, they have been
adopted by a large number of States and imply a strong moral and political commitment on
behalf of States to take action for the equalization of opportunities for disabled
persons. The Standard Rules is, in fact, the first universal instrument to refer
specifically to disabled persons, as well as to contain an extremely broad statement of
the rights to equal opportunities.
The first chapter of the Rules, Preconditions for Equal Participation, consists of four
preconditions for equal participation: these are awareness raising (rule 1), medical care
(rule 2), rehabilitation (rule 3) and support services (rule 4).
Rule 1 provides that "States should take action to raise awareness in society
about persons with disabilities, their rights, their needs, their potential and their
contribution." An important component of awareness raising is to focus the education
campaign on children as a means of shaping a positive attitude towards persons with
disabilities among future generations (rule 1 (9)).
Rule 2 provides that States should ensure the provision of effective medical care to
persons with disabilities.
Also, rule 3 states that in order to assist disabled persons "…to reach and
sustain their optimum level of independence and functioning," States should ensure
the provision of rehabilitation services to persons with disabilities. Rule 4 provides
further that States should ensure the development and supply of support services,
including assistive devices for persons with disabilities, to assist them to increase
their level of independence in their daily living and to exercise their rights. Together,
these two Rules aim to ensure that persons with disabilities are able to achieve a level
of functioning that allows them to interact in general society.
The second chapter of the Standard Rules deals with Target Areas for Equal
Participation (rules 5 to 12). The selected target areas include accessibility, education,
employment, income maintenance and social security, family life and personal integrity,
culture, recreation and sports, and religion. The notion of accessibility involves the
creation of a physical environment, which is appropriate for people with disabilities.
Rule 5 asks States to introduce (a) programmes of action to make the physical environment
more accessible and (b) undertake measures to provide access to information and
communication.
Rule 6 of the Standard Rules, stipulates that States are requested to
"…recognise the principle of equal primary, secondary and tertiary educational
opportunities for children, youth and adults with disabilities, in integrated settings.
They should ensure that the education of persons with disabilities is an integral part of
the educational system." Rule 6 (8) provides that in countries where the general
school system does "…not yet adequately meet the needs of all persons with
disabilities, special education may be considered."
To attain independence, appropriate employment for disabled persons is essential. As
stated in Rule 7 of the Standard Rules, "States should recognise the principle that
persons with disabilities must be empowered to exercise their human rights, particularly
in the field of employment." One of the key aspects in social policy reform in recent
years has been the recognition that disabled persons have been excluded from access to
employment in the public and private sector for reasons unrelated to their ability to do
the job. Rule 7 (1) provides that employment laws "…must not discriminate
against persons with disabilities and must not raise obstacles to their employment."
The Standard Rules also encourage States to actively support the integration of persons
with disabilities into open employment (7 (2)); design and adapt workplaces and premises
so that they become accessible to disabled persons (7 (3) (a)); support the use of new
technologies and the production of assistive devices, tools and equipment (7 (3) (b)); and
provide appropriate training and placement and ongoing support such as personal assistance
and interpreter services (7 (3) (c)).
Rule 8 concerns income maintenance and social security. The Preamble to Rule 8 provides
that States are responsible for the provision of social security and income maintenance
for persons with disabilities. Rule 8 (3) encourages States to also provide income support
and social security protection to individuals who are involved in caring for a disabled
person. However, pursuant to Rules 8 (4) and (5), social security systems should include
incentives to restore the income-earning capacity of persons with disabilities and
incentives for disabled persons to seek employment. Thus, social security programmes
should be structured to encourage people to seek and secure employment and should not be
provided as a substitute for employment.
Rule 9 (2) encourages States to promote the full participation of persons with
disabilities in family life. In particular, persons with disabilities must not be denied
the opportunity to express their sexual identity and experience parenthood.
Rules 10 - 12 require States to ensure that people with disabilities have equal
opportunities to participate in cultural activities, recreation and sports, and religious
life. True equalization of opportunities means that disabled persons are ensured equal
participation in all areas of life, including cultural, recreational, sports, and
religious life.
Chapter III of the Standard Rules stipulates the various implementation measures for
States to follow. States are responsible for:
- Collecting and disseminating information on the living conditions of persons with
disabilities (rule 13);
- Ensuring that disability aspects are included in all relevant policy-making and national
planning (rule 14);
- Creating the legal basis for measures to achieve the objectives of full participation
and equality for persons with disabilities (rule 15);
- Financing national programmes and measures to create equal opportunities for persons
with disabilities (rule 16);
- Establishing and strengthening national co-ordinating committees to serve as a national
focal point on disability matters (rule 17);
- Recognising the right of the organizations of persons with disabilities to represent
persons with disabilities at national, regional and local levels (rule 18);
- Ensuring the adequate training of personnel involved in the planning and provision of
programmes and services concerning persons with disabilities (rule 19);
- Continually monitoring and evaluating the implementation of national programmes and
services concerning the equalization of opportunities for persons with disabilities (rule
20);
- Co-operate in and take measures for the improvement of the living conditions of persons
with disabilities in developing countries (rule 21) and
- Participate actively in international co-operation concerning policies for the
equalization of opportunities for persons with disabilities (rule 22).
The final chapter of the Standard Rules (chapter 4) describes a monitoring mechanism
designed to further the effective implementation of the Rules. Paragraph 2 of Chapter 4
provides that the Rules are to be monitored within the framework of the sessions of the
Commission for Social Development. In addition, a Special Rapporteur is to be appointed to
monitor the implementation of the Rules. The Special Rapporteur, assisted by the
Secretariat, shall prepare reports for submission to the Commission for Social Development
(paragraph 8) and provide advisory services on the implementation and monitoring of the
Rules (paragraph 6).
Rule 15 of Chapter III deals explicitly with legislation. It provides: "States
have a responsibility to create the legal basis for measures to achieve the objectives of
full participation and equality for persons with disabilities."
Apart from specific United Nations resolutions on disability, two major studies have
influenced disability rights in the last two decades. The first was a report entitled
Principles, Guidelines and Guarantees for the Protection of Persons Detained on Grounds of
Mental Ill- Health or Suffering from Mental Disorder (1986), prepared by Erica
–Irene A. Daes who was appointed Special Rapporteur by the Sub-Commission on
Prevention of Discrimination and protection of Minorities. In 1993, Leandro Despouy a
Special Rapporteur appointed by the Sub-Commission prepared a report entitled Human Rights
and Disabled Persons (1993). This report examines human rights abuses in the area of
disability and look at certain human rights abuses as causes of disability.
Within the United Nations Secretariat, a number of offices also assist in co-ordinating
national and international efforts in the field of disability. The offices include the
Division of Human Rights (DHR), the Department of International Economic and Social
Affairs (DESA), the Department of Public Information (DPI), the Division of Narcotic
Drugs (DND) and the United Nations Conference on Trade and Development (UNCTD).
Other organizations and programmes of the United Nations have also adopted approaches
related to development that are of significance to the World Programme of Action
concerning Disabled Persons, inter alia:
- The United Nations Children’s Fund (UNICEF) and its efforts to strengthen family
and community resources to assist disabled children in their natural environments
- The Office of the United Nations High Commissioner for Refugees (UNHCR) and its work for
disabled refugees
- The Office of the United Nations Disaster Relief Co-ordinator (UNDRC) has advanced
specific measures of disaster preparedness and prevention for those already disabled and
of the prevention of permanent disability as a result of injury or treatment received at
the time of disaster
- The United Nations Centre for Human Settlements (HABITAT) with its concerns about
physical barriers and general access to the physical environment
The specialised agencies of the United Nations involved in promoting, supporting and
carrying out field activities have an important advisory role to perform. The work of
these agencies includes disability presentation, nutrition, hygiene, education of children
and adults, vocational training and job placement.
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[2] General Comment No.5, para 15.
[3] Id at para 12.
[4] Id at para 9.
[5]Id at para 5.
[6] Id at para 33.
[7] Article 2 of the Convention reads as follows: 1. Each State Party
shall take effective legislative, administrative, judicial or other measures to prevent
acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances
whatsoever, whether a state of war or a threat of war, internal political instability or
any other public emergency, may be invoked as a justification of torture. 3. An order from
a superior office or a public authority may not be invoked as a justification of torture.
[8] Article 23 of CRC reads as follows:
1) States Parties recognize that a mentally or physically disabled child should enjoy a
full and decent life, in conditions which ensure dignity, promote self-reliance and
facilitate the child’s active participation in the community. 2) States Parties
recognize the right of the disabled child to special care and shall encourage and ensure
the extension, subject to available resources, to the eligible child and those responsible
for his or her care, of assistance for which application is made and which is appropriate
to the child’s condition and to the circumstances of the parents or others caring for
the child. 3) Recognizing the special needs of a disabled child, assistance extended in
accordance with paragraph 2 of the present article shall be provided free of charge,
whenever possible, taking into account the financial resources of the parents or other
caring for the child, and shall be designed to ensure that the disabled child has
effective access to and receives education, training, health care services, rehabilitation
services, preparation for employment and recreation opportunities in a manner conducive to
the child’s achieving the fullest possible social integration and individual
development, including his or her cultural and spiritual development. 4. States Parties
shall promote, in the spirit of international cooperation, the exchange of appropriate
information in the field of preventive health care and of medical, psychological and
functional treatment of disabled children, including dissemination of and access to
information concerning methods of rehabilitation, education and vocational services, with
the aim of enabling States Parties to improve their capabilities and skills and to widen
their experiences in these areas. In this regard, particular account shall be taken of the
needs of developing countries.
[9]. G/A/RES 31/123 of 16 December 1976
[10] In paragraph 12, the WPA defines “ equalization of
opportunities” as, “ the process through which the general system of society,
such as the physical and cultural environment, housing and transportation, social and
health services, educational and work opportunities, cultural and social life, including
sports and recreational facilities, are made accessible to all.”
[11]. G/A/RES 48/98 of 20 December 1993.
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