Saturday, 11 March 2017

Convention of Rights 1: Introduction

The series of posts Disability Rights 1: Introducing the Persons with Disabilities Act to Disability Rights 29: Complaints explain the disability rights given by law in the Persons With Disabilities Act 2006 which is modeled on the United Nations Convention on the Rights of Persons With Disabilities (CRPD). This series of posts will explain what the CRPD is and why is it important for persons with disabilities (PWDs). 

The CRPD sets out the meaning of human rights for PWDs, it is the first human rights treaty of the twentieth century for PWDs and a major step towards PWDs getting the right to be treated as equal citizens. Uganda signed the convention on the 30th March 2007 and it was ratified, that is it became valid on the 25th September 2008.

The preamble for the CRPD looks back to The Universal Declaration of Human Rights and acknowledges that those human rights are for everyone, PWDs have the same rights as every other citizen. The CRPD looks upon disability as an evolving concept, caused when a person with an impairment meets a barrier in the environment

The preamble reaffirms the rights of PWDs to take part fully in society, explaining that the CRPD was put into place to recognize:
  • There is a need to mainstream disability issues.
  • That discrimination against any PWD is a violation of dignity and worth.
  • That disability is diverse.
  • The need to protect PWDs especially those that require extra support.
  • That despite there being many treaties and laws in place PWDs still face discrimination.
  • International cooperation is important for improving the lives of PWDs.
  • PWDs can make a large contribution to their community, and fully participate in the social and economic development and eliminate poverty.
  • That PWDs are autonomous and free to make choices.
  • PWDs have a right to take part in decision making.
  • PWDs face other forms of discrimination in addition to being disabled.
  • That women and girls with disabilities face multi-discrimination.
  • That children with disabilities should have full human rights.
  • That men and women are equal.
  • That poverty, so often linked to disability needs to be addressed.
  • That PWDs need protection during times of war.
  • The importance of accessibility to take part in the community.
  • That everyone is responsible for promoting human rights.
  • The family is the natural group in society.
  • The CRPD will make a significant contribution to PWDs in developed and developing countries.
In summary, the CRPD is important because it is the first human rights treaty to recognize the rights of PWDs. It underlines that disability is a part of human diversity and as such PWDs have the same human rights as everyone else.


The Universal Declaration of Human Rights is for PWDs too.
Disability is part of human diversity.


This is written in the Preamble of the CRPD in the following way:
Preamble

The States Parties to the present Convention,


(a) Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity and worth and the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world,

(b) Recognizing that the United Nations, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, has proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind,

(c) Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination,

(d) Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

(e) Recognizing that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others,

(f) Recognizing the importance of the principles and policy guidelines contained in the World Programme of Action concerning Disabled Persons and in the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in influencing the promotion, formulation and evaluation of the policies, plans, programmes and actions at the national, regional and international levels to further equalize opportunities for persons with disabilities,

(g) Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development,

(h) Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person,

(i) Recognizing further the diversity of persons with disabilities,

(j) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support,

(k) Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world,

(l) Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,

(m) Recognizing the valued existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in their enhanced sense of belonging and in significant advances in the human, social and economic development of society and the eradication of poverty,

(n) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

(o) Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them,

(p) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status,

(q) Recognizing that women and girls with disabilities are often at greater risk, both within and outside the home, of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,

(r) Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child,

(s) Emphasizing the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

(t) Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities,

(u) Bearing in mind that conditions of peace and security based on full respect for the purposes and principles contained in the Charter of the United Nations and observance of applicable human rights instruments are indispensable for the full protection of persons with disabilities, in particular during armed conflicts and foreign occupation,

(v) Recognizing the importance of accessibility to the physical, social, economic and cultural environment, to health and education and to information and communication, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

(w) Realizing that the individual, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the International Bill of Human Rights,

(x) Convinced that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities,

(y) Convinced that a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,

Have agreed as follows...

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