Compilation of International Norms And Standards

COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY

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BACKGROUND INFORMATION

The United Nations has been concerned with the status and promotion of the rights of persons with disabilities since its inception. This concern is rooted in its founding principles of respect for human rights and for fundamental freedoms for all.

The Preamble to the Charter of the United Nations states the determination of member States "to reaffirm faith in fundamental human rights, in the dignity and worth of the human person" and "to promote social progress and better standards of living in larger freedom."

The Charter further states in Article 1 (3) that among the purposes 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 as to race sex, language or religion." In the light of other relevant international norms, promotion of the human rights of persons with disabilities represents an integral part of the purposes of the Organisation, which in addition to promotion of human rights for all, include international co-operation for economic and social development and maintenance of international peace and security.

Article13 (1) (b) of the Charter 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 all¼". 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." Article 55 (c) provides that the "…United Nations shall promote universal respect for, and observance of, human rights and fundamental freedoms for all¼". Article 56 stipulates that States have the same obligations.

The Universal Declaration of Human Rights¹ provides the fundamental normative basis on which international norms and standards related to persons with disabilities have evolved. Article 1 states that "…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, sex¼or other status." Articles 3 and 6 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." Article 25 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."

The International Covenant on Civil and Political Rights² and the International Covenant on Economic, Social and Cultural Rights³ together with the Universal Declaration of Human Rights provide the comprehensive international code of binding legal provisions for a broad human rights framework for all.

The General Assembly also has adopted international instruments that specifically address the situation of persons with disabilities. In 1971, the Assembly adopted the Declaration on the Rights of Mentally Retarded Persons⁴; and in 1975 it adopted the Declaration on the Rights of Disabled Persons⁵. Article 1 of the Declaration on the Rights of Disabled Persons defines a disabled person 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 calls 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]...".

The year 1981 was declared the International Year of Disabled Persons (IYDP) by the United Nations General Assembly with the theme, "Full Participation and Equality". The theme of IYDP highlights the right of persons with disabilities to participate fully in the societies in which they live, to enjoy equal living conditions, and to have an equal share in improved levels of living and opportunities for livelihoods.

An important outcome of the International Year was formulation of the World Programme of Action concerning Disabled Persons⁶ that was adopted by the General Assembly in 1982⁷. The World Programme, which is the first international instrument to address the advancement of persons with disabilities in broad development framework, has two goals - full participation of persons with disabilities in social life and development, and equality. There are three operational objectives of the World Programme:

(1) Prevention of impairment, disability ;and handicap;

(2) Rehabilitation; and

(3) Equalisation of opportunities for persons with disabilities.

The World Programme broadens the concept of human rights by explicitly recognising the right of every person to have opportunities equal to the population as a whole and an equal share in improvements in living conditions resulting from social and economic development.

To provide a framework for action to further implement the World Programme the General Assembly declared the period 1983 to 1992 the United Nations Decade of Disabled Persons.

In 1989 the General Assembly adopted the Tallinn Guidelines for Action on Human Resources Development in the Field of Disability⁹. The Guidelines, which are the product of an interregional expert group, provide a strategic framework for promoting participation, training and employment of persons with disabilities in countries.

In 1991 the General Assembly adopted the Principles for the Protection of Persons with Mental Illness for the Improvement of Mental Health Care¹⁰, which define at the international level basic rights and fundamental freedoms of persons with mental disabilities.

Major outcomes of the Decade include adoption by the General Assembly of two international instruments related to persons with disabilities. In 1993 the General Assembly adopted The Standard Rules on the Equalization of Opportunities for Persons with Disabilities ¹¹. The twenty-two "Rules" are based upon experience gained during the Decade to further equalisation of opportunities by, for and with persons with disabilities. The "Rules" are in four main sections: (1) Preconditions for equal participation; (2) Target areas for equal participation; (3) Implementation measures and (4) Monitoring mechanism.

The "Rules" are not legally binding, but it is envisaged that "they can become international customary rules when applied by … States with the intention of respecting a rule in international law." Rule 15, "Legislation" notes, "States have a responsibility to create the legal basis for measures to achieve the objectives of full participation and equality for persons with disabilities."

The Long term Strategy to Implement the World Programme of Action concerning Disabled Persons to the Year 2000 and Beyond¹², endorsed by the General Assembly in 1994, provides a framework for collaborative action at all levels to achieve the aim set forth in General Assembly resolution 48/99 of a "society for all by the year 2010." The Strategy outlines a sequence of actions that interested Governments may take during the period 1995-2010, together with associated targets, time-frames for action and complementary set of support measures at regional and international levels that would contribute to realisation of a "social for all".

The situation of persons with disabilities has been a substantive concern in international conferences organised by the United Nations in the period since the end of the Decade. The Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25 June 1993 ¹⁴, contains in its chapter on equality, dignity and tolerance, a specific section on the rights of disabled persons. The Programme of Action of the International Conference on Population and Development¹⁵ addresses the situation of persons with disabilities in its chapter on the family, its roles, rights, composition and structure. The Copenhagen Declaration on Social Development and Programme of Action of the World Summit for Social Development ¹⁶ note that people with disabilities often are forced into poverty, unemployment and social isolation. The Programme of Action addresses disability issues in each of its three main chapters: eradication of poverty; expansion of productive employment and reduction of unemployment; and social integration. The Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 ¹⁷ addressed the situation of women who face barriers to advancement and empowerment because of disability and other factors. Strategic objective B.l (a) of the Platform for Action urges Governments to advance equal access to education through measures to eliminate discrimination on the basis of both gender and disability. The Istanbul Declaration on Human Settlements and the Habitat Agenda adopted by the United Nations Conference on Human Settlements (Habitat II)¹⁸ includes among its commitment on adequate shelter for all the objective of designing and implementing standards that provide accessibility to persons with disabilities in accordance with the "United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities".

Notes:

¹ General Assembly resolution 217A (III) of 10 December 1948.

² General Assembly resolution 2200A (XXI) of 16 December 1966.

³ General Assembly resolution 2200A (XXI) of 16 December 1966.

⁴ General Assembly resolution 2856 (XXVI) of 20 December 1971.

⁵ General Assembly resolution 3447 (XXX) of 9 December 1975.

⁶ General Assembly document A/37/351/Add.1 and Add1/Corr.1, annex.

⁷ General Assembly resolution 37/52 of 3 December 1982.

⁸ General Assembly resolution 37/53 of 3 December 1982.

⁹ General Assembly resolution 44/70, annex of 8 December 1989.

¹⁰ General Assembly resolution 46/119 of 17 December 1991.

¹¹ General Assembly resolution 48/96, annex of20 December 1993.

¹² General Assembly document 49/435, annex.

¹³ General Assembly resolution 49/153 of 23 December 1994.

¹⁴ Document A/CONF.157/24 (Part I), chap. III.

¹⁵ Report of the International Conference on Population and Development, Cairo, 5-13 September 1994 (United Nations publication, Sales no. E.95.XIII.18), chap. I, resolution I, annex.

¹⁶ Report of the World Summit for Social Development, Copenhagen, 6-12 March 1995 (United Nations publication, Sales no. E.96.IV.8), chap. I, resolution I.

¹⁷ Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales no. E.96.IV.13), chap. I, resolution I.

¹⁸ Document A/CONF.165/14, chap. I, resolution I.