INTERNATIONAL INTERNATIONAL TRENDS IN DISABILITYTRENDS IN DISABILITY

andand RIGHTSRIGHTSPutting the Disability Putting the Disability

Rights Lens onto the Policy Rights Lens onto the Policy AgendaAgenda

Marcia RiouxMarcia Riouxmrioux@yorku.camrioux@yorku.ca

HISTORY NOT HISTORY NOT FORGOTTENFORGOTTEN

SEPARATE AND UNEQUALSEPARATE AND UNEQUAL

HUMAN RIGHTS PRINCIPLESHUMAN RIGHTS PRINCIPLES

EqualityEquality Self determination/autonomySelf determination/autonomy InclusionInclusion Interdependence/SolidarityInterdependence/Solidarity DignityDignity JusticeJustice Non-discriminationNon-discrimination

OMISSION AND COMMISSIONOMISSION AND COMMISSION

both both

direct human rights abuses and direct human rights abuses and failures to remove obstacles to the failures to remove obstacles to the

exercise of rights exercise of rights

have to be recognized as human have to be recognized as human rights violations. rights violations.

Mary Robinson, Mary Robinson, U.N. Human Rights U.N. Human Rights CommissionerCommissioner

““Disabled persons frequently live Disabled persons frequently live in deplorable conditions, owing to in deplorable conditions, owing to the presence of physical and social the presence of physical and social barriers, which prevent their barriers, which prevent their integration and full participation in integration and full participation in the community. Millions of the community. Millions of children and adults worldwide are children and adults worldwide are segregated and deprived of their segregated and deprived of their rights and are, in effect, living on rights and are, in effect, living on the margins. This is the margins. This is unacceptable”.unacceptable”.

RIGHTS AS GOALSRIGHTS AS GOALS

Services, supports, Services, supports, programmes, funding programmes, funding allocations must have inclusion allocations must have inclusion built into their designs.built into their designs.

They are not ends in They are not ends in themselves but are themselves but are MEANSMEANS to to social & economic integration social & economic integration and legal and social rightsand legal and social rights

GENERAL UN HUMAN GENERAL UN HUMAN RIGHTS INSTRUMENTSRIGHTS INSTRUMENTS

ICESCR

EconomicRights

SocialRights

CulturalRights

ICCPR

CivilRights

PoliticalRights

ICESCR GENERAL COMMENT #5ICESCR GENERAL COMMENT #5

[Discrimination] against persons [Discrimination] against persons with disabilities ranges from with disabilities ranges from invidious (e.g. denial of invidious (e.g. denial of education opportunities) to more education opportunities) to more “subtle” forms such as “subtle” forms such as segregation and isolation segregation and isolation achieved through the imposition achieved through the imposition of physical and social of physical and social barriers…….barriers…….

UN STANDARD RULESUN STANDARD RULES 1994 1994 The principle of equal rights The principle of equal rights

implies that the needs of .. every implies that the needs of .. every individual are of equal importance, individual are of equal importance, that hose needs must be made the that hose needs must be made the basis for the planning of societies basis for the planning of societies and that all resources must be and that all resources must be employed in such a way as to employed in such a way as to ensure that every individual has ensure that every individual has equal opportunity for equal opportunity for participation…….participation…….

The Standard RulesThe Standard Rules

States have a responsibility to States have a responsibility to create the legal bases for create the legal bases for measures to achieve the objectives measures to achieve the objectives of full participation and equality of of full participation and equality of persons with disabilities….. States persons with disabilities….. States must ensure participation of must ensure participation of organizations of persons with organizations of persons with disabilities are involved in the disabilities are involved in the development of national development of national legislation … (and) on-going legislation … (and) on-going evaluationevaluation””

IMPERATIVES FOR INCLUSIONIMPERATIVES FOR INCLUSION

for making the outsider an insider for making the outsider an insider

for judging society's institutions for judging society's institutions in the name of human rights, in the name of human rights, citizenship and participation, citizenship and participation,

for judging whether policies, for judging whether policies, programs and expenditures are programs and expenditures are exclusionary in outcome, even if exclusionary in outcome, even if not in intent.not in intent.

DEBATE CIRCUMVENTEDDEBATE CIRCUMVENTED

The debate on social justice The debate on social justice and fundamental human and fundamental human rights is reduced to a debate rights is reduced to a debate on the level and quality of on the level and quality of service for undesirable, service for undesirable, marginalized people.marginalized people.

A Sustainable Human Rights A Sustainable Human Rights Framework Recognizes that:Framework Recognizes that:

Disability is a result of social, legal and Disability is a result of social, legal and economic statuseconomic status

A broad set of factors contribute to A broad set of factors contribute to exclusion and the loss of human rightsexclusion and the loss of human rights

Respect for diversity contributes to Respect for diversity contributes to well-being well-being

People must be supported to exercise People must be supported to exercise their rightstheir rights

People need a sense of fairness in their People need a sense of fairness in their communities and societiescommunities and societies

2002 - FIRST MEETING OF AD HOC 2002 - FIRST MEETING OF AD HOC COMMITTEE COMMITTEE

A Yes or No A Yes or No Proposition!Proposition!

Does the World Does the World need another need another Human Rights Human Rights Convention? Convention?

Lets meet again Lets meet again next year! next year!

Steve EsteySteve Estey

2003 – SECOND MEETING 2003 – SECOND MEETING

Still a Yes or No Still a Yes or No Proposition!Proposition!

Lets Create a Working Lets Create a Working Group to come up with Group to come up with a draft – a de facto a draft – a de facto decision to proceed!decision to proceed!

Steve Steve EsteyEstey

NGO’s on Working GROUPNGO’s on Working GROUP12 of 27 members12 of 27 members

Landmine Survivors Network - Mr. Adnan al Aboudi Landmine Survivors Network - Mr. Adnan al Aboudi (Jordan) (Jordan)

Inter-American Institute on Disability - Mr. Luis Inter-American Institute on Disability - Mr. Luis Fernando Astorga Gatjens (Costa Rica) Fernando Astorga Gatjens (Costa Rica)

Disabled Peoples’ International - Mr. Shuaib Chalklen Disabled Peoples’ International - Mr. Shuaib Chalklen (South Africa) (South Africa)

European Disability Forum - Mr. Yannis Vardakastanis European Disability Forum - Mr. Yannis Vardakastanis (Greece) (Greece)

World Federation of the Deafblind - Mr. Lex Grandia World Federation of the Deafblind - Mr. Lex Grandia (Denmark) (Denmark)

Disabled Peoples’ International - Ms. Venus Ilagan Disabled Peoples’ International - Ms. Venus Ilagan (Philippines) (Philippines)

World Federation of the Deaf - Ms. Liisa Kauppinen World Federation of the Deaf - Ms. Liisa Kauppinen (Finland) (Finland)

Inclusion International - Mr. Robert Martin (New Inclusion International - Mr. Robert Martin (New Zealand) [assisted by Klaus Lachwitz from Germany] Zealand) [assisted by Klaus Lachwitz from Germany]

World Network of Users and Survivors of Psychiatry - World Network of Users and Survivors of Psychiatry - Ms. Tina Minkowitz (USA) Ms. Tina Minkowitz (USA)

Disability Australia Limited - Ms. Anuradha Mohit Disability Australia Limited - Ms. Anuradha Mohit (India) (India)

World Blind Union - Ms. Kicki Nordström (Sweden) World Blind Union - Ms. Kicki Nordström (Sweden) Rehabilitation International - Mr. Gerard Quinn Rehabilitation International - Mr. Gerard Quinn

(Ireland) (Ireland)

GOVERNMENT REPS. ON GOVERNMENT REPS. ON WORKING GROUPWORKING GROUP

Asia (7)Asia (7) Africa (7)Africa (7) Latin-America & Caribbean (5)Latin-America & Caribbean (5) West Europe & Other (5)West Europe & Other (5) Eastern Europe (3)Eastern Europe (3) National Human Rights National Human Rights

Institutions (1)Institutions (1)

INTERNATIONAL DISABILITY INTERNATIONAL DISABILITY ALLIANCEALLIANCE

Formed 1999, Cape Town, South AfricaFormed 1999, Cape Town, South Africa MembersMembers

Disabled Persons International (1981)Disabled Persons International (1981) World Blind UnionWorld Blind Union World Federation of the Deaf (1951)World Federation of the Deaf (1951) World Federation of the DeafblindWorld Federation of the Deafblind World Network of Users & Survivors of World Network of Users & Survivors of

PsychiatryPsychiatry Inclusion InternationalInclusion International Rehabilitation International (1922)Rehabilitation International (1922)

FINDING A VOICEFINDING A VOICE

14. 14. InvitesInvites human rights treaty human rights treaty monitoring bodies to take into account monitoring bodies to take into account the concerns of people with disabilities the concerns of people with disabilities in their lists of issues and concluding in their lists of issues and concluding observations, to consider drafting observations, to consider drafting general comments and general comments and recommendations on the full recommendations on the full enjoyment of human rights by persons enjoyment of human rights by persons with disabilities and to integrate a with disabilities and to integrate a disability perspective into their disability perspective into their monitoring activitiesmonitoring activities

UNUN High Commission on Human Rights Resolution on the Human High Commission on Human Rights Resolution on the Human Rights of People with Disabilities (E/CN.4/2004/L76)Rights of People with Disabilities (E/CN.4/2004/L76)

2004 – BUILDING MOMENTUM2004 – BUILDING MOMENTUM

January - Working Group Meets for 2 January - Working Group Meets for 2 Weeks – prepares first official draft textWeeks – prepares first official draft text

May / June - Ad Hoc Committee # 3 – May / June - Ad Hoc Committee # 3 – First reading of draft text by all UN First reading of draft text by all UN member states member states

August / September – Ad Hoc August / September – Ad Hoc Committee # 4 - negotiations continueCommittee # 4 - negotiations continue

The Challenge: Deriving a The Challenge: Deriving a Consensus from the TrendsConsensus from the Trends

To find a consensus that cuts across To find a consensus that cuts across the diverse interests of people with the diverse interests of people with disabilities.disabilities.

To entrench judiciable human rights, To entrench judiciable human rights, without binding with a programmatic without binding with a programmatic focus.focus.

To ensure a monitoring mechanism To ensure a monitoring mechanism To maintain a voice in changeTo maintain a voice in change To translate global human rights into To translate global human rights into

local benefitslocal benefits

“No one gives us rights. We win them in struggle. They exist in our hearts before they exist on paper. Yet intellectual struggle is one of the most important areas of the battle of rights. It is through concepts that we link our dreams to the acts of daily life”. Albie Sachs, Protecting Human Rights

in South Africa (1990

 

PREMISESPREMISES

Monitoring or no monitoring process?Monitoring or no monitoring process? Combination reporting? Periodic Combination reporting? Periodic

reporting/ targeted reporting on high reporting/ targeted reporting on high priority issues?priority issues?

Relationship of this committee to other Relationship of this committee to other monitoring bodies? to Special monitoring bodies? to Special Rapporteur? to general UN bodies?Rapporteur? to general UN bodies?

Complaints mechanism? Yes or noComplaints mechanism? Yes or no Composition of the committee? Composition of the committee? General comments from Committee?General comments from Committee?

MONITORING OPTIONSMONITORING OPTIONS

Rolls Royce Traditional ModelRolls Royce Traditional Model International OmbudsmenInternational Ombudsmen National Institutions (eg. H.Rts. National Institutions (eg. H.Rts.

Commissions or gov’t focal Commissions or gov’t focal points)points)

Existing Regional InstitutionsExisting Regional Institutions

COMPONENTS OF STRONG COMPONENTS OF STRONG MONITORINGMONITORING

1.1. Knowledge/hard factsKnowledge/hard facts

2.2. Monitoring not just rights but Monitoring not just rights but also processesalso processes

3.3. Capacity BuildingCapacity Building

4.4. Monitoring has to have built in Monitoring has to have built in follow upfollow up

5.5. No Escape clauses in No Escape clauses in monitoring.monitoring.