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The following instruments fall under the category of technically non-binding law.
The Declaration on the Rights of Disabled Persons states that disabled persons have the same civil and political rights as other persons. In the Preamble to the Declaration, the General Assembly calls for international and national action to protect the rights of all disabled persons. The Declaration states that "…disabled persons should receive equal treatment and be provided with services to enable them to integrate fully within society." 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 disabled persons 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). 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. Article 10 states: "Disabled persons 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, disabled persons and their families have a right to receive information on the rights contained in the Declaration (article 13).
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. 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.
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 Equalisation of Opportunities as an important objective for achieving full participation by disabled persons in all areas of life.
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 equalisation 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.
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. 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.
Rule 4 provides 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.
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. Access to education is universally recognised as essential for obtaining future employment and living skills.
In Rule 6 of the Standard Rules, 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." However, States should aim for the gradual integration of special education services into mainstream education.
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 encourages 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 disabled persons in family life. In particular, disabled persons must not be denied the opportunity to experience their sexuality and 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 equalisation 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:
(a) collecting and disseminating information on the living conditions of persons with
disabilities (rule 13);
(b) ensuring that disability aspects are included in all relevant policy-making and
national planning (rule 14);
(c) creating the legal basis for measures to achieve the objectives of full participation
and equality for persons with disabilities (rule 15);
(d) financing national programmes and measures to create equal opportunities for persons
with disabilities (rule 16);
(e) establishing and strengthening national co-ordinating committees to serve as a
national focal point on disability matters (rule 17);
(f) recognising the right of the organisations of persons with disabilities to represent
persons with disabilities at national, regional and local levels (rule 18);
(g) ensuring the adequate training of personnel involved in the planning and provision of
programmes and services concerning persons with disabilities (rule 19);
(h) continually monitoring and evaluating the implementation of national programmes and
services concerning the equalisation of opportunities for persons with disabilities (rule
20);
(i) co-operate in and take measures for the improvement of the living conditions of
persons with disabilities in developing countries (rule 21) and
(j) participate actively in international co-operation concerning policies for the
equalisation 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).
The resolution Human Rights of Persons with Disabilities36 encourages the non-governmental organisations, the governments and the human rights treaty monitoring bodies to develop and support the realisation of the adopted conventions and declaration of the UN and its agencies.
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 organisations, international organisations, and non-governmental organisations 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 aim of the Tallinn Guidelines for Action on Human Resources Development in the Field of Disability is to promote the human resources development of disabled persons. 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 organisations."
The Guidelines outline a series of strategies for promoting the human resources 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)
Notes
36 Adopted by the UNHCHR Commission on Human Rights of 17 April 1998, resolution 1998/31 (unedited text)
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