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These rights accorded to every human being, were progressively recognised in the Covenants adopted by the United Nations.
Everyone has the right to freedom of peaceful assembly and association, and no one can be compelled to belong to an association. Saying this, one obviously understands the limits of such an affirmation regarding some kind of outlaw associations, whose aims are not really respectful of human rights. Above all, this right has to be protected and strongly implemented within disability issues.
Another aspect of this freedom constitutes a major issue regarding disabled people; it deals with the right to take part in the Government of one’s country, directly or through freely chosen representatives. Except for some practical aspects that have to be taken into account, the ability of a person to take part directly in the Government, even to vote and to affirm its wills and ideas, should be enforced and reaffirmed with deep efforts. The formal right is divided between the right to peaceful assembly and the right to association; both are exposed in the same covenants or documents.
Article 20 of the Universal Declaration of Human Rights exposes the right, clearly and basically. It is the reference article that is less controversial. It uses some precise words and expressions, without provisions ("Everyone…"), but it has only a limited juridical value: It can not be opposed to someone who does not respect it, but nowadays, nevertheless, the apparition of the Jus Cogens allows you to use this article to be protected. But the following covenants have an immediate impact and a juridical strength which not do not suffer from any opposition.
Article 21 of the International Covenant on Civil and Political Rights deals with the right of peaceful assembly. It introduces some provisions due to the necessity to protect a democratic system, the interest of national security or public safety, public order, health, morals, and protection of the rights or freedom of others. Article 22 of the text repeats the right to freedom of association, and speaks about trade unions for workers. It underlines the rule of trade unions in the defence of the workers and the prevention of all kinds of disabilities due to working conditions. And it forbids any kind of restrictions, except in the name of law, or in cases of security necessities.
Article 15 of the Convention on the Rights of the Child provides that States shall assure the right to express their views freely and in all matters affecting the disabled, especially disabled children. Their views should be given due weight, in accordance with their maturity, in cases of mental disability, and together they can be stronger. Article 15 recognises their right of assembly and association in order to be listened to. No restrictions are allowed, except as imposed by law and usual provisions. Health provisions, again, are the most problematic concerning the disability issue.
Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom gives everyone the right of peaceful assembly and association, and to protect his / her interests. However, it does not explicitly tackle the right to take part in the Government of his / her country, or the right of equal access to public service.
Article 15 of the American Convention on Human Rights states the right of peaceful assembly and forbids any restrictions as far as it is not imposed in conformity with the law. Article 16 states the right of association for any purpose, and submits this right to legal restrictions necessary in democratic societies. This reference to the democratic system can be seen as a restriction, in order to implement universally this right for disabled persons in certain countries. But this article is useful as a reference.
Article 11 of the African Charter on Human and Peoples’ Rights states the same right of assembly, but it introduces in the list of restrictions one provision about the interest of ethics: The introduction of such a word can be seen as an improvement to the extent that ethical considerations are often a great issue regarding the problems linked with disability.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, regardless of frontiers. It also includes the right to religion, that is to say to freedom of thought, conscience and religion. It deals also with freedom to change one's religion or belief and to manifest it in teaching, practice, worship and observance, either in public or private, alone or in community. Disabled persons have the same right to freedom of expression as any other person. This issue is linked with the right to equality and the protection against any kind of discrimination, regarding disabled people as a minority. The legal instruments available in those two cases are also useful with this liberty. But furthermore, some specific instruments do exist, and the following texts are available:
Article 19 of the Universal Declaration of Human Rights provides the liberty of opinion and expression, and consequently the liberty to hold opinions without any interference. The problem is that some disabled persons can have difficulties expressing their opinions in a casual way, or cannot give evidence to public documents. To avoid any interference, this right has to be protected in a stronger way for those persons with disabilities, even introducing inequality of treatment so as to manage to give them equal abilities.
Article 19 of the International Covenant on Civil and Political Rights reiterated this statement, but the protection will be stronger if this right is implemented because it has more legal impact than the Universal Declaration of Human Rights, which is only a declaration that needs other legal frameworks to become powerful. It also emphasises that the exercise of these rights entails special duties and responsibilities in order to protect the rights or reputation of others, or national security or public order. Article 20 sets out an international law limitation on freedom of speech. It asks States to forbid any kind of propaganda constituting an incitement to discrimination, hostility or violence. Disability is not included in the grounds of the article that prohibits advocacy of national, racial or religious hatred, but the prohibition of discrimination obviously concerns this issue.
Rule 1 of The Standard Rules on the Equalization of Opportunities for Persons with Disabilities provides that States "…should initiate and support information campaigns concerning persons with disabilities." It reiterates that persons with disabilities are citizens with the same rights and obligations as others. It justifies, consequently, measures to remove all obstacles to full participation. Rule 12 deals with freedom of religion and asks States to encourage measures for equal participation by persons with disabilities in the religious life of their communities. It also prohibits any kind of discrimination based on the physical aspect to become a priest or a monk in any religion.
Article 12 of the American Convention on Human Rights deals with the Freedom of Conscience and Religion. It states the same right as the Universal Declaration of Human Rights does, at a regional level. Limitations to the freedom to manifest one’s religion and beliefs are not allowed, except for those that are prescribed by law in order to protect public safety, order, health or morals, or the rights of other people.
The African Charter on Human and Peoples’ Rights states in article 9 the right of every individual to receive information, and to express and disseminate his opinions within the law.
Article 14 (1) of the Convention on the Rights of the Child states the right of the child to freedom of thought, conscience and religion. And furthermore, article 14 (2) deals with the rights and duties of the parents to provide directions to the child in the exercise of their rights and freedoms, in a manner consistent with the evolving capacities of the child.
Article 21 of the Universal Declaration of Human Rights provides that everyone has the right to take part in the Government of his country, either directly or indirectly, through freely chosen representatives. Periodic and genuine elections shall be open to every citizen of the country, with universal and equal suffrage. Voting stations shall be fully accessible to disabled people.
The International Covenant on Civil and Political Rights states in article 25 states the right of every citizen without unreasonable restrictions to take part in the conduct of public affairs, and to vote and be elected at genuine periodic elections. It also requires equal access to public services in the country.
Article 23 of the American Convention on Human Rights states the right to participate in Government that belongs to every citizen of the country. Article 23 (2) deals with the law regulation of the exercise of this right, only on the basis of age, nationality, residence language, education, civil and mental capacity. Mentally disabled people can not be legally denied the right to participate in the Government, following this Convention.
Article 13 of the African Charter on Human and Peoples’ Rights states that every citizen shall have the right to participate freely in the Government of his country.
Within the right to freedom of expression, everyone has the right to seek, receive and impart information and ideas through any media, regardless of frontiers.
The Universal Declaration of Human Rights states in article 19 states the right to freedom of expression and especially provides the extensive right to receive information. This right is one of the biggest issues that persons with disabilities have to face, because they often have problems accessing current information and the current media.
Article 19 of the International Covenant on Civil and Political Rights states this right, also saying that the exercise of the rights included in the Article carries with it special duties and responsibilities.
Article 13 of the American Convention on Human Rights deals with this right, and 13 (2) prohibits prior censorship and imposes liability. It forbids "…indirect methods or means such as the abuse of government or private controls over any equipment used in the dissemination of information." It underlines the prohibition to impede the communication and circulation of ideas and opinions. Consequently, it means that every person, even those with disabilities, shall have an equal access to information.
Principle 13 of the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, which deals with the rights and conditions in mental health facilities and states the right to full respect for the patient’s facilities to purchase or receive items for daily living, recreation and communication. It includes communication in the basic needs of persons with disabilities.
Article 13 of the Convention on the Rights of the Child also states this right, linked with the right to freedom of opinion and expression. This right to receive or impart information through any media of the child’s choice does not suffer any discrimination, except for legal obligations.
Persons with disabilities shall be given some specific rights in order to receive the same equal treatment as others. The right to access to information unreservedly includes persons with disabilities. Consequently, the Vienna Declaration and Programme of Action calls on Governments to adopt or adjust legislation to assure access for disabled people. There shall be available services and programs for persons with disabilities, and provision of information adequate to needs.
Principle 11 of the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care deals with the consent to treatment for mentally disabled people. The patient has to be informed of his / her treatment in order to give informed consent. Informed consent is a consent obtained freely, without threats or improper inducements, after appropriate disclosure to the patient of adequate and understandable information in a form and language understood by the patient on:
(a) the diagnostic assessment; (b) the purpose, method, likely duration and expected benefit of the proposed treatment; (c) alternative modes of treatment, including those less intrusive; and (d) possible pain or discomfort, risks and side-effects of the proposed treatment.
Article 16 of the Universal Declaration of Human Rights states that men and women of full age are entitled to marry and found a family and are entitled to equal rights to marry. The family is proclaimed as the natural and fundamental group unit of society. The state and the society shall protect it. The right to marry cannot be limited for reasons due to race, nationality or religion. Article 16 (2) states that spouses have to give their free and full consent to the marriage.
Article 23 of the International Covenant on Civil and Political Rights reaffirms these rights; furthermore, it assures the rights of the children in a case of dissolution.
Article 17 of the American Convention on Human Rights reiterates these statements, adding that the right is recognised if they meet the conditions required by domestic laws, insofar as such conditions do not affect the principle of non-discrimination established in this Convention. Article 11 states the right to privacy for everyone and the right to have one's dignity recognised. Article 11 (2) prohibits any arbitrary or abusive interference with the private life, the home, or the correspondence.
Article 18 of the African Charter on Human and Peoples’ Rights states the same right, saying in article 18 (3) that the State shall ensure the elimination of every discrimination against women or children.
Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms states the right to respect for private and family life. Article 8 (2) deals with the fact that a public authority cannot interfere with the exercise of the right, except in accordance with the law or the principles of a democratic society. Article 12 states the right to marry, which is universal and cannot be denied to any person because of one's disabilities.
Article 16 of the Convention on the Rights of the Child guarantees the same rights to the children, whether or not they are disabled, and guarantees a stronger protection of the law because of their weakness.
Principle 7 of the Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care underlines the role of community and culture, saying that every patient shall have the right to be treated and cared for, as far as possible, in the community in which he or she lives.
Everyone has the right to freedom of movement and residence within the boarders of each State, the right to leave any country and to return to any country, and to seek and enjoy asylum from persecution in other countries.
The drafters of the International Covenant on Civil and Political Rights considerably watered down its provisions on this question because of a lot of States implicated in practices that were against this freedom. Article 12 restricts this right of movement, and consequently of residence, to persons "…lawfully within the territory of a State…" and introduces restrictions when "…provided by law, necessary to protect national security, public order, public health or morals on the rights and freedom of others."
Article 3 of the Universal Declaration of Human Rights stipulates this main right to freedom of movement. But it says nothing about the way to implement it and to make it respected, particularly regarding disabled persons.
Article 10 of the Convention on the Rights of the Child states that a child or his / her parents, is allowed to enter or leave a state for the purpose of familial reunification. And it underlines, above all, the right to maintain on a regular basis, direct contacts with both parents who reside in different states.
Article 23 of the Vienna Declaration and Programme of Action, dealing with asylum issues, reaffirms that "…everyone is entitled to the right to seek and to enjoy in other countries asylum from persecution , as well as the right to return to one’s own country." It regards refugees issues and the violation of human rights. Such violations, particularly in armed conflicts, are an important cause of disabilities.
Regarding more or less the same issue, article 22 (2) of the American Convention on Human Rights also uses the words subject to the provisions of the law, which are a bit restrictive. They wish to protect public order, morals or health and the right or freedoms of others can be criticable. The eventuality of certain restrictions by law in designated zones for public interest is also problematic to the same extent.
Article 12 (2) of the African Charter on Human and Peoples’ Rights defines more precisely Mass expulsion, aimed at national, racial, ethnic or religious groups.
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