International Conventions, Agreements, Declarations,

and Protocols with regard to Rehabilitation and

Empowerment by

Muhammad Jawwad AfzalDy. Director

Topic covered in the presentation

Empowerment Magnitude of the problem Specified exclusion legislation over the past and need of reforms Dominant features of legal thinking in twentieth century Role of International law International community, human rights and UN charter Universal Declaration and Recognition of Human Rights Human rights and disabilities Decades for development and other conventions History and theme of UNCRDP Way forward

Statistics

25 per cent of the world’s population is affected by disability. 80 per cent of the world’s PWDs live in low-income

countries. 2 percent of children with disability in the developing world

receive any education or rehabilitation. More than 40 per cent of countries have no policy in this

regard People with disabilities are reported to have twice the rate

for non-participation in the labour market Workers with disability typically receive a lower wage than

others

Components, Goal and results of empowerment.

Including collective belonging, Involvement in the community, Control over organization in the community, Community building, Goal

To establish community buildingResults

Members of community can feel a sense of freedom, belonging, and power that can lead to constructive social change.

Need of reforms

Comprehensive legislation was required to ensure the rights of disabled persons in all aspects - on an equal basis.

Political, Civil, Economic, Social and Cultural rights

Specified exclusion

Excluded from the mainstream of the society and denied their human rights. Discrimination have been particularly severe in fields such as :

Education, Employment, Housing, Transport, Cultural Life Access to public places and services.

Dominant features of legal thinking in twentieth century

Recognition of law as a tool of social

change. It represents one of the most powerful

vehicles of change, progress and development in society.

International human rights and disability

All international human rights instruments protect the human rights of persons with disabilities, as they apply to all persons.

This principle of universality is reinforced by the principles of equality and non-discrimination, which are included in human rights instruments.

International community and human rights

By the end of National Socialism and World War II., the international community made human rights a central feature

to bring peace, stability and prosperity to the world.

UN CHARTER Article 1 of the UN Charter – which is the treaty through which States become members of the United Nations – stipulates that one of the “purposes” of the United Nations is to “promote and encourage respect for human rights and fundamental freedoms for all.” no distinction should be made on the grounds of “race, sex, language or religion.”

Universal Declaration of Human Rights on 10th of Dec.1948

In the early days(Dec.1948) of UN, instead of the opposition the Universal Declaration of Human Rights (UDHR) was adopted. It is a widely recognized text built into many constitutions and other laws around the world, but in its essence it is a morally and politically binding resolution with very little legal force.

Recognition of human rights By the onset of the Cold War, the United Nations negotiations in 1966 and – reflecting the political divide of the time – came up with two instruments:

1. the International Covenant on Civil and Political Rights (ICCPR)

2. the International Covenant on Economic, Social and Cultural Rights (CESCR) respectively. Together with the UDHR, they constitute the International Bill of Human Rights

Human rights and disabilities

One of the earliest efforts to decrease the invisibility of persons with disabilities in the UN’s human rights documents is the 1971 Declaration on the Rights of Mentally Retarded Persons, which was followed in 1975 by the Declaration on the Rights of Disabled Persons.

Declaration

The Declaration – which has no direct legal implications – proclaimed further that the rights, which persons without disabilities shall enjoy, “shall be granted to all disabled persons without any exception whatsoever and without distinction or discrimination on the basis of race, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth or and other situation applying either to the disabled person.”

In 1976, the General Assembly proclaimed 1981 as the International Year of Disabled Persons (IYDP)*. It called for a plan of action at the national, regional and international levels, with an emphasis on equalization of opportunities, rehabilitation and prevention of disabilities. The theme of IYDP was "full participation and equality"

Oasis in the desert

Decade on persons with disabilities

In 1982 the General Assembly adopted the World Program of Action Concerning Disabled Persons. As is UN custom, the thematic focus was followed by the proclamation of a Decade on Persons with Disabilities, which spanned from 1983 to 1992. At the end thereof, in 1993 the UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities wereadopted, they spell out “a strong moral and political commitment on behalf of States to take action for the equalization of opportunities for persons with disabilities.”

Legal binding

International instruments, such as declarations, resolutions, principles, guidelines and rules, are not technically legal binding. Generally-accepted principles and represent a moral and political commitment by States.

Disability and other conventions In 1989 the UN adopted another human rights

treaty: the Convention on the Rights of the Child (CRC), which includes the first stand-alone article referring to the rights of children with disabilities.

In 1991, the Committee under the Convention

on the Elimination of All Forms of Discrimination Against Women (CEDAW) had briefly touched on the rights of women with disabilities and realized the need to include them in State party reports.

First Asia pacific decade

The Economic and Social Commission for Asia and the Pacific (ESCAP), at its forty-eighth session in April 1992, declared the period 1993 to 2002 as the Asian and Pacific Decade of Disabled on recommendation of the Governments of 58 per cent of the world's population

That was focused on the Full Participation and Equality of People with Disabilities in the Region.

Economic and social factors

In 1994 – the Committee under the International Covenant on Economic, Social and Cultural Rights (ICESCR )adopted a General Comment on “Persons with Disabilities8”,

 “Disability is closely linked to economic and social factors - conditions of living in large parts of the world as so desperate that the provision of basic needs for all – food, water, shelter, health protection and education must form the cornerstone of national programmes. Even in countries which have a relatively high standard of living, persons with disabilities are very often denied the opportunity to enjoy the full range of economic, social and cultural rights.”

BMF

On the other hand The Economic And Social Commission for Asia and The Pacific at its fifty-eighth session, adopted resolution 58/4 on 22 May 2002 for promoting an inclusive, barrier-free and rights-based society for PWDs in the Asian and Pacific region by which it proclaimed the extension of the Asian and Pacific Decade of Disabled Persons, 1993-2002, for another decade, 2003-2012.

Self-help organizations of PWDs and related family

Women with disabilities Early detection, early intervention and education Training and employment, including self-

employment Access to built environments and public

transport Access to information and communications Poverty alleviation through capacity-building

Targets and proposed actions of BMF

Questions

Are People with disabilities

having the same human rights as everyone else?

Is existing treaties offer guidance & applied to

people with disabilities?

Are Reports to treaties

monitoring bodies

addressing disability issues?

Is these treaties

have legally binding?

UN Convention on the Rights of persons with disabilities

It is based on a number of initiatives, including from Sweden and Italy at last by Mexico: in 2001, the delegation proposed developing a Convention protecting the rights of persons with disabilities.

Based on

The UN’s Bill of Rights and its specialized treaties: the International Convention on the Elimination of All Forms of

Racism (CERD), the Convention on the Elimination of All Forms of

Discrimination against Women (CEDAW), the Convention Against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT), the United Nations Convention on the Rights of the Child

(CRC), and the International Convention on Protection of Rights of Migrant

Workers and their Families (CRMW) Convention concerning Vocational Rehabilitation and

Employment (Disabled Persons)ILO Each Article is linked to similar provisions both in the Universal

Declaration of Human Rights and the core human rights treaties.

What is unique about the UNCRDP?

Both a development and a human rights instrument

A policy instrument which is cross-disability and cross- sectoral

Legally binding

A Paradigm Shift

The Convention marks a ‘paradigm shift’ in attitudes and approaches to persons with disabilities.

Persons with disabilities are not viewed as "objects" of charity, medical treatment and social protection; rather as "subjects" with rights

The Convention gives universal recognition to the dignity of persons with disabilities.

General Principles:Participation and Inclusion

Participation is important to correctly identify specific needs, and to empower the individual

Full and effective participation and inclusion in society is recognized in the Convention.

Summary of instruments Declaration on the Rights of Mentally Retarded Persons December 1971. Declaration on the Rights of Disabled Persons of 9December 1975. World Programme of Action concerning Disabled Persons 3 December 1982. Tallinn Guidelines for Action on Human Resources Development in the Field of

Disability Adopted 15 March 1990. Principles for the Protection of Persons with Mental Illness and the

Improvement of Mental Health 17 December 1991.  The Standard Rules on the Equalization of Opportunities for Persons with

Disabilities  20 December 1993.         Convention concerning Vocational Rehabilitation and Employment (Disabled

Persons)ILO Recommendation 1 June 1983  Recommendation concerning Vocational Rehabilitation and Employment

(Disabled Persons) 21 June 1988      Sundberg Declaration UNESCO World Conference on Actions and Strategies for

Education, Prevention and Integration, Malaga (Spain), 2 - 7 November 1981      The Salamanca Statement UNESCO World Conference on Special Needs

Education: Access and Quality, Salamanca (Spain), 7 - 10 June 1994.  International Classification of Functioning, Disability and Health

 World Health Organization April 2001 The Dakar Framework of Action: Education For All: 26-28 April 2000

Implementation of these instruments

International conventions, standard or norm to national law and then to local implementation is slow and complex but fundamental.

States are responsible for transforming legislative, administrative and judicial practices, to empower persons with disabilities to exercise their rights.

Three main methods

Direct incorporation

of rights in the

international

instrument that

may be termed a "bill

of rights" in the

national legal order.

Enactment

of differe

nt legislat

ive measures in the

civil, criminal and administrative laws.

Self-execut

ing operation of

international legal instruments in the nation

al legal order.

Way to empowerment

and rehabilitation

but

SlowlySturdySternlySteadily

thanks

Reference

Islamic political culture, Democracy and human rights. Denial. E. price

Understanding The UN Convention On The Rights Of Persons With Disabilities. Marianne Schulze

Unable for UN documents JOURNAL OF COMMUNITY PSYCHOLOGY, Vol. 34, No. 5,

523–540 (2006) Published online in Wiley Inter Science (www.interscience.wiley.com).