Convention of Rights 5: General Obligations

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) forms the foundation of disability rights laws in Uganda and is the model for the Persons With Disabilities Act (PWDA) 2006. The CRPD underlines and recognizes that persons with disabilities (PWDs) are entitled to all the human rights enunciated in the The Universal Declaration of Human Rights. If you are a PWD the rights in the CRPD are your rights, if you do not have a disability it is your duty to uphold and promote these rights.

Article 4 of the CRPD outlines the general obligations of the State of Uganda to implement the rights in the CRPD. The main points are that the government of Uganda should put into place laws, policies and agencies necessary to promote the full realization of the fundamental rights and freedoms in the CRPD, through:

• Legislation and administration.
• Modifying any laws, customs or practices that discriminate against PWDs.
• Ensuring new policies protect and promote the rights of PWDs.
• Not doing anything that contravenes the CRPD and and ensuring that public authorities do not contravene the CRPD.
• Taking all appropriate action to eliminate discrimination by any person, organization or private enterprise.
• Undertaking development universally deigned goods, services, equipment and facilities.
• Undertaking research and development to promote new technologies that will benefit PWDs.
• Providing accessible information about new technologies for PWDs.
• Promoting the training of staff working with PWDs to bring the CRPD to full realization.

In addition the government of Uganda should do everything it can to grant full social, economic and cultural rights described in the CRPD and ensure that PWDs are closely involved in social and political decision making related to themselves. Finally if there is any legislation already in place that meets the needs of PWDs and it is better than the CRPD, that should remain in place. This legislation should be implemented in all areas of the State.

Article 4 of the CRPD outlines the obligations of the Ugandan State implementing the CRPD. The handbook, From Exclusion to Equality: Realizing the Rights of Persons with Disabilities sums up those obligations under 3 headings:

Obligations to respect, protect and fulfil

Implicit in the Convention are three distinct duties of all States parties:

The obligation to respect – States parties must refrain from interfering with the enjoyment of the rights of persons with disabilities. For example, States must not perform medical experiments on persons with disabilities without their consent or exclude a person from school on the basis of a disability.

The obligation to protect – States parties must prevent violations of these rights by third parties. For example, States must require private employers to provide just and favourable working conditions for persons with disabilities, including by providing reasonable accommodation. States must be diligent in protecting persons with disabilities from mistreatment or abuse.

The obligation to fulfil – States parties must take appropriate legislative, administrative, budgetary, judicial and other actions towards the full realization of these rights.

The CRPD reaches through all areas of society with ramifications for every citizen of Uganda. All laws and policies of the State should be in line with the CRPD which is for all citizens. Though the Convention guarantees the rights of PWDs, it applies equally to non-disabled Ugandans who must uphold and promote the rights of PWDs.

If you are a PWD then you should know that your government has obligations to fulfil to ensure you get your rights. When you know your rights you can demand your rights

President Museveni receives a document from a PWDs official during the during the International Day of Persons with Disabilities at Kayunga (Official State House Photo).

This is written in Article 4 of the CRPD in the following way:

Article 4

General obligations

1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:

(a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;

(b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;

(c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;

(d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

(e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

(f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;

(g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;

(h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

(i) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in the present Convention so as to better provide the assistance and services guaranteed by those rights.

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

4. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.

5. The provisions of the present Convention shall extend to all parts of federal States without any limitations or exceptions.