Sunday, 19 March 2017

Convention of Rights 9: Know your rights

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 8 of the CRPD says the government is responsible for promoting the rights of PWDs through maintaining public awareness and promoting positive perceptions of the skills and abilities of PWDs through:
  • Raising awareness of the rights of PWDs throughout the whole of society, including the family.
  • Combating stereotypes and prejudice about disability and also those based on gender and age.
  • Promoting awareness of the abilities of PWDs.
  • Making employers aware of the skills PWDs can bring to their work.
  • Making educators aware of the rights of PWDs at all ages.
  • Ensuring the media presents PWDs in a positive light, consistent with the aims of this Convention.
  • Promoting awareness training about PWDs and their rights.
The 2016 National Union of Disabled Persons Uganda (NUDIPU) report on the Implementation of the UN Convention on the Rights of Persons with Disabilities in Uganda makes the following observation:
We are not aware of any government campaigns whatsoever with regard to creating awareness as contemplated under Article 8 of the CRPD, in particular no campaigns or awareness raising to promote the positive image of persons with disabilities. Any and all initiatives we are aware of in this regard have been initiated and sustained by Disabled Peoples Organisations (DPOs). A constant claim in this regard on the part of Government is the lack of resources. However, we note that robust awareness-raising campaigns are regularly conducted with regard to the rights of among others, women and children, and persons living with HIV (PLHIV). Although some awareness has been undertaken by the Ministry of Health with regard to the prevention of immunizable diseases, including Polio, this is grounded more in terms of public health concerns than in the advancement of the rights and dignity of persons with disabilities.
If you are a PWD you should know your rights. Furthermore, everyone should be aware of your rights. Everyone has a duty to inform and educate on the rights of PWDs.

If the government isn't doing anything to inform you of your rights, what is the solution? Watch this video and find out:

Rights are not the responsibility of 1 person, they are the responsibility of everyone.
The biggest challenge is making individuals aware of their rights.


This is written in Article 8 of the CRPD in the following way:
Article 8
Awareness-raising

1. States Parties undertake to adopt immediate, effective and appropriate measures:
(a) To raise awareness throughout society, including at the family level, regarding persons with disabilities, and to foster respect for the rights and dignity of persons with disabilities;

(b) To combat stereotypes, prejudices and harmful practices relating to persons with disabilities, including those based on sex and age, in all areas of life;

(c) To promote awareness of the capabilities and contributions of persons with disabilities.
2. Measures to this end include:

(a) Initiating and maintaining effective public awareness campaigns designed:

(i) To nurture receptiveness to the rights of persons with disabilities;

(ii) To promote positive perceptions and greater social awareness towards persons with disabilities;

(iii) To promote recognition of the skills, merits and abilities of persons with disabilities, and of their contributions to the workplace and the labour market;

(b) Fostering at all levels of the education system, including in all children from an early age, an attitude of respect for the rights of persons with disabilities;

(c) Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of the present Convention;

(d) Promoting awareness-training programmes regarding persons with disabilities and the rights of persons with disabilities.

Saturday, 18 March 2017

Convention of Rights 8: Children with disabilities

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 7 of the CRPD says that all possible measures should be taken to ensure that children with disabilities (CWDs) enjoy all human rights and fundamental freedoms like other children. In all actions with CWDs the best interests of the child should be the major concern. CWDs have the right to express their opinions on all matters, their views should be given weight according to their age and maturity. CWDs should be treated equally with other children and be provided with support and assistance appropriate to their age to realize this right.

Article 7 is saying very clearly that all PWDs including children have the right to be heard, this is further explained in the 2009 guide to the CRPD, See Me, Hear Me:
The Convention places emphasis on the obligation of governments to consult with and involve disabled people and their organisations in the development of policies and legislation. It was important to make it explicit that this obligation extends to consultation with children as well as adults. Children’s experiences and concerns cannot be adequately represented by adults. They have their own unique expertise and perspective to contribute.Without an obligation to consult children, children with disabilities would again be marginalised and denied a voice. It is not sufficient to argue that children are implicitly included in these provisions. Experience demonstrates clearly that without an explicit entitlement, children will not be listened to.
To prevent further marginalization, CWDs should be listened to, they have the right to be heard, just as much as adults. In any decision process children should be consulted and their views taken into account at their level of maturity and understanding. 

Do you listen to CWDs?

All children with disabilities should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and facilitate the child 's active participation in the community.
The Convention on the Rights of the Child is the first international treaty to explicitly recognize the rights of children with disabilities. With the passing of the Convention on the Rights of Persons with Disabilities, work to protect the rights of children with disabilities has gained momentum.


This is written in Article 7 of the CRPD in the following way:
Article 7

Children with disabilities


1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.

2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.

3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

Friday, 17 March 2017

Convention of Rights 7: Women with disabilities

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 6 of the CRPD states that women and girls with disabilities face multiple discrimination. All measures should be taken to ensure that women and girls with disabilities enjoy full equal rights and fundamental freedoms with other citizens. Moreover, women should have the opportunity to achieve their full development, advancement and empowerment.

There is little doubt that women with disabilities (WWDs) are some of the most vulnerable members of society, often living in poverty and suffering multi-discrimination. Article 6 of the CRPD illustrates how discrimination can be multilayered. Listed below are a few examples of discrimination when they are combined discrimination becomes multilayered:
  • Gender, where men or boys are favoured over women or girls.
  • Disability, where the non-disabled are favoured over the disabled.
  • Age, where the elderly are less favoured than the young.
  • Racial, where a minority ethnicity is seen as inferior.
  • Cultural, where women cannot inherit land.
Article 6 is important for WWDs because the CRPD is the only Convention or piece of international legislation that specifically protects WWDs (see Article 6 [Women with Disabilities]). Besides acknowledging gender as a basis for discrimination, disability is also explicitly named. This Article therefore recognizes that discrimination is multilayered and that WWDs suffer many types of discrimination. 

If you are a WWD or a girl with a disability the CRPD was set up to eliminate all forms of discrimination and to develop, enhance and empower women. You should not have to face discrimination in any form.

Working against disability.
Women with disabilities face multilayered discrimination. Besides being female and disabled these women are discriminated by their culture where women are not supposed to own land unless they have purchased it from their own money.


This is written in Article 6 of the CRPD in the following way:
Article 6

Women with disabilities


1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.

2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.

Thursday, 16 March 2017

All the latest news on Abilities 256

For all the latest news on auditions for Abilities 256 join us on WhatsApp.


Abilities 256 is a talent search to showcase the talents of persons with disabilities in Uganda.

Convention of Rights 6: Equality and non-discrimination

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 5 of the CRPD says that everyone is equal before the law. Discrimination on the basis of disability is prohibited and PWDs should be guaranteed equal and effective protection on all grounds of discrimination. Equality and non-discrimination should be promoted by providing access to buildings using measures like tactile signs, sign language interpreters, ramps and lifts. Interventions designed to accelerate the achievement of equality will not be considered to be discriminatory.

This Article says that failure to provide access to buildings or facilities is discriminatory. Being able to access buildings and facilities means that PWDs have an equal opportunity to take part in community and social life. Providing reasonable accommodation is a key to is the key to greater equality. 

Discrimination is a very important concept in the CRPD, it is of 2 types, either direct or indirect. For example, direct discrimination may occur when a person with a disability is perceived as being unable to do a job or study because of their disability. Indirect discrimination occurs when a policy or procedure disadvantages a PWD. 

This 2016 Human Rights Watch news post Submission to the Office of the UNHCR on Art. 5 of the CRPD gives examples of discrimination:
Discrimination, as well as a more general social stigma and physical inaccessibility, prevented women with disabilities in Northern Uganda from receiving necessary information, accessing health care and other government services, and participating fully in the community. For example, the limited access to sign language interpretation in public institutions such as hospitals and police stations, coupled with the lack of training of deaf people and their families in sign language in the more rural areas, results in barriers to government services and programs for deaf women. Announcing programs solely on the radio also excludes deaf women.
The CRPD does not allow any form of discrimination. Everyone should have an equal opportunity to take part in activities in the community.


Agnes with her son Sunday.
Life for Agnes and Sunday used to be very different. Sunday has cerebral palsy and when he was born Agnes was put under huge pressure to abandon him. Much of Agnes’ community thought he was cursed and believed his cerebral palsy was the result of witchcraft. Feeling desperate and alone, Agnes hid Sunday away inside his house for the first two years of his life.


This is written in Article 5 of the CRPD in the following way:
Article 5
Equality and non-discrimination

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

Wednesday, 15 March 2017

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.

Tuesday, 14 March 2017

Convention of Rights 4: General Principles

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 3 of the CRPD outlines the general principles of the Convention. These are the fundamental rights that guide the Convention:

  • Respect for the inherent dignity and individual autonomy and independence of PWDs.
  • No discrimination.
  • Full social inclusion and participation.
  • Respect for the differences in humanity, PWDs are part of human diversity.
  • Equality opportunity.
  • Accessibility.
  • Equality of men and women.
  • Respect for the evolving capacities of children with disabilities (CWDs) - CWDs have rights, and their rights should be respected. CWDs should be given the opportunity to exercise their rights according to their capacity.
  • Respect for the right of CWDs to preserve their identity - besides their name and nationality, CWDs have the right to know their parents and be treated as individuals.
These are the guidelines for the CRPD. There are 2 important points to bring out:

1. If you are a woman with a disability (WWD), your rights count just as much as any man. Men and women are equal.

2. If you a CWD, in April 2016 The Children Act Amendment was passed into legislation in Uganda. This amendment brings The Children's Act 1997 and Ugandan law into line with the Convention on the Rights of the Child 1989. That means the rights of CWDs are in line with the CRPD. The key amendments are in clause 4 of The Children Act Amendment, they are summarized as follows:
Clause 4 comprehensively provides for full rights of the child.
The old Act limited child rights to basic needs. The new Act introduces rights of children to:
  • Express their opinions in matters affecting the child.
  • Birth registration.
  • Privacy, legal representation in court, access to information to which a parent or guardian deems necessary for the child’s growth and well-being.
  • Freedom of expression.
  • Inheritance of property.
  • Be treated without discrimination etc.
Children with disabilities have the same rights as any child, their opinion counts, listen to your children.

Championing for the Rights of Children with Disabilities.
Henry Nyombi’s childhood was dramatically altered by a car accident, which left him paralyzed from the waist down. His paralysis changed his once popular status on campus, he said, “Because of cultural beliefs, I lost all of my friends … people truly believed that I was punished by the gods and did not want my misfortune to befall them.” He was unable to return to school, which refused to make accommodations for him.
Rather than lose hope, he was determined to become a champion for children with disabilities.


This is written in Article 3 of the CRPD in the following way:
Article 3
General principles


The principles of the present Convention shall be:

(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

(b) Non-discrimination;

(c) Full and effective participation and inclusion in society;

(d) Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

(e) Equality of opportunity;

(f) Accessibility;

(g) Equality between men and women;

(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.

Monday, 13 March 2017

Convention of Rights 3: Definitions

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 2 of the CRPD offers definitions to key terms in the Convention:
  • “Communication” - means of  accessible languages for PWDs like braille, sign language, recordings and other media.
  • “Language” - is any spoken, written, signed or other accessible language.
  • “Discrimination on the basis of disability” - an action that impairs of nullifies a PWD so they are denied their human rights.
  • “Reasonable accommodation” - changes to a building to make it accessible, for example ramps for wheelchairs, people who can sign, braille and tactile signs.
  • “Universal design” - making things easy to use for the whole population through design and assistive devices.
It is important to note that "disability" has not been defined in this section. Disability was defined in the preamble (see Convention of Rights 1: Introduction) in the following way:
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.
Concepts of disability are changing all the time. For instance disability used to be defined using medical criteria, this meant that disability was understood as a disease or a sickness which needed to be treated. This new definition changes the emphasis, PWDs have impairments and they become disabled when they interact with the environment meeting a barrier. The barrier the person encounters can be physical (like stairs if you are in a wheelchair or using crutches) or attitudinal (like stigma and prejudice).

The CRPD maintains that the barriers that PWDs encounter prevent them from fully taking part in society. Moreover disability is recognized as part of human diversity and becomes a human rights issue. It is the role of the CRPD to uphold human rights and remove as many barriers as possible.

If you are a PWD you have an impairment. Your disability only becomes apparent when you encounter a barrier which can be either physical or attitudinal. It is your right to live in a barrier free environment.

Disability arises when a person with an impairment meets a barrier.


This is written in Article 2 of the CRPD in the following way:
Article 2
Definitions


For the purposes of the present Convention:

“Communication” includes languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible information and communication technology;

“Language” includes spoken and signed languages and other forms of non spoken languages;

“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

“Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

“Universal design” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. “Universal design” shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.

Sunday, 12 March 2017

Convention of Rights 2: Purpose

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 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 1 of the CRPD states the purpose of the Convention which is to promote, protect and ensure the dignity and human rights of PWDs. PWDs have the same human rights as every other person. PWDs include people with physical, mental, intellectual and/or sensory impairments. Disability arises when a person with an impairment interacts with the environment and meets a barrier. The barrier causes disability by preventing the person from having full and effective participation in society on an equal basis with other citizens.

The CRPD is important to PWDs because it seeks to remove the barriers that prevent participation in society by considering disability as a human rights issue. PWDs are no longer the object of charity. For the first time there is a legally binding law that obliges States to promote the rights of PWDs and make their own laws to support the CRPD.

PWDs have the same human rights as any other person. All PWDs have the right to live in society on an equal basis without barriers.


The main message of the CRPD is that persons with disabilities are entitled to the full spectrum of human rights and fundamental freedoms without discrimination. To that end, the Convention promotes the full participation of PWDs in all spheres of life, challenging customs, stereotypes, prejudices, harmful practices and stigma relating to PWDs.



This is written in Article 1 of the CRPD in the following way:
Article 1 Purpose
The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

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...