Published in the O&M Division
newsletter Winter, 2007
United Nations
Convention on the Rights of Persons with Disabilities
By Kicki Nordstrom --
Introduction by Dona Sauerburger,
COMS:
The
extraordinary milestone explained in this article has the potential to change
the world as profoundly as (if not more than) the Americans with Disabilities
Act (
This
monumental milestone is the United Nations’ Convention on the Rights of Persons
with Disabilities. This Convention is more powerful than a UN
resolution -- a convention is a treaty, and once it is ratified by 20 member
countries, then countries which want to become a member or a State Party of the
United Nations Convention will be obligated to follow it and comply with its
provisions, and there will be a
monitoring system to assure compliance.
Extending
beyond our
Our
grateful thanks go to the author of this article, Kicki Nordstrom, and the many
others who have worked so hard to make this a reality -- you rock our
world! Let us pledge to heed her call to
action and help make this dream come true.
On December 13 2006, the United Nations General Assembly unanimously
adopted the 8th Human Rights instrument under the name: the Convention on the
Rights of Persons with Disabilities. The convention will be open
for signature and ratification on 30 March 2007, and will come into force once
it has been ratified by 20 countries. The negotiations took five years and thereby
made it the most rapidly-negotiated international law in the U.N.
history.
The convention
provides that States (countries) which ratify it shall enact laws and other
measures to improve disability rights. States shall also abolish any
legislation, custom, or practice that discriminates against persons with
disabilities.
The convention deals with a set of the rights of people with disabilities (PWD) and the obligations of States Parties. It strongly and firmly formulates equality, non-discrimination, and protection of people’s integrity and their right to live independently. Other obligations of States Parties are the rights to rehabilitation, health service, support service, an accessible environment, and culture and information provided in appropriate accessible formats. Other important rights of PWD are equal recognition as a person before the law; freedom from exploitation, violence and abuse; and liberty of movement.
Call to action:The resolution which laid the ground for the adoption of the convention at the UN General Assembly urged States to take immediate measures to ratify the convention as a matter of priority. All authorities, professionals, organisations of and for blind persons must now study the convention, get to know its contents and prepare to discuss it with relevant partners on a national basis! The target group of
this convention is the 650 million people living with disabilities in the
world, among them more than 160 million people who are blind or visually
impaired. It is a
well-established fact that there is a strong link between blindness and poverty.
Blind people tend to be amongst the poorest in all societies – in developing
and industrial countries alike. Blind people generally face exclusion and
isolation. This is sometimes the result of express policies to keep us blind
people hidden as a disturbing and unwanted kind of humanity. But it can also be
the result of architectural, physical, social, legal and attitudinal barriers
and discrimination, which make it impossible for us blind people to participate
as equal citizens in society. In some
countries, for instance, this attitude and exclusion result in denial for blind
persons to attend schools. Without any education and social inclusion, people
are doomed to poverty and exclusion.
To
rectify this disturbing situation, we need to start a campaign for good
education of governments, the general public and decision makers. Until the
attitudes are changed, it will be difficult to bring all people who are blind
and partially sighted to school and provide professional rehabilitation and
vocational training, etc, despite any international law.
Specifics of the U.N.
Convention:
In the new convention there
are in particular two articles that encompass most of what the convention is
about -- namely: Article 3 on General principles and Article 4 on General obligations.
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.
Authors’ note: The free choice and independence
of each individual is basic for the whole convention. That means that any
measures taken must be after the full consent and free will of persons with
disabilities. That puts a great responsibility on service providers,
professionals and authorities.
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:
(e) To take all appropriate
measures to eliminate discrimination on the basis of disability by any person,
organization or private enterprise;
(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 this Convention so as to better provide the assistance and
services guaranteed by those rights.
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.
Authors’ note: The Convention specifies the
need for universal design and that the cost for adaptations should not lie with
the individual. We can only hope that legislators, the industry, and developers
and manufacturers of information and communication technology see this article as a challenge!
In addition to these general articles, there are three articles that may
be of particular interest to O&M specialists, as they support their
efforts and make it clear to authorities that they must respect these rights of
people with disabilities. The pertinent
sections are excerpted below:
Article 9: Accessibility
1. To enable persons with
disabilities to live independently and participate fully in all aspects of
life, States Parties shall take appropriate measures to ensure to persons with
disabilities access, on an equal basis with others, to the physical
environment, to transportation, to information and communications, including
information and communications technologies and systems, and to other
facilities and services open or provided to the public, both in urban and in
rural areas. These measures, which shall include the identification and
elimination of obstacles and barriers to accessibility, shall apply to, inter
alia:
(a) Buildings, roads,
transportation and other indoor and outdoor facilities, including schools,
housing, medical facilities and workplaces;
(b)
Information, communications and other services, including electronic services
and emergency services.
2. States Parties shall also take appropriate
measures to:
(b) Ensure that private
entities that offer facilities and services which are open or provided to the
public take into account all aspects of accessibility for persons with
disabilities;
(e) Provide forms of live
assistance and intermediaries, including guides, readers and professional sign
language interpreters, to facilitate accessibility to buildings and other
facilities open to the public;
Article 20: Personal mobility
States Parties shall take effective measures to
ensure personal mobility with the greatest possible independence for persons
with disabilities, including by:
(a) Facilitating the personal mobility of persons
with disabilities in the manner and at the time of their choice, and at
affordable cost;
(b) Facilitating access by persons with
disabilities to quality mobility aids, devices, assistive technologies and
forms of live assistance and intermediaries, including by making them available
at affordable cost;
(c) Providing training in mobility skills to
persons with disabilities and to specialist staff working with persons with
disabilities;
(d) Encouraging entities that produce mobility
aids, devices and assistive technologies to take into account all aspects of
mobility for persons with disabilities.
Article 24:
Education
Author’s note: The basis for the new convention
is to further stress what is already formulated in the United Nations Universal
Declaration of Human Rights from 1948, Article 26:1: ”Everyone has the right to
education.”
1. States Parties recognize the right of persons with disabilities to education. With a view to realizing this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education system at all levels and life long learning directed to:
(c) Enabling persons with
disabilities to participate effectively in a free society.
2. In realizing this right,
States Parties shall ensure that:
(a) Persons with disabilities
are not excluded from the general education system on the basis of disability,
and that children with disabilities are not excluded from free and compulsory
primary education, or from secondary education, on the basis of disability;
(c) Reasonable accommodation
of the individual’s requirements is provided;
(d) Persons with disabilities
receive the support required, within the general education system, to
facilitate their effective education;
(e) Effective individualized
support measures are provided in environments that maximize academic and social
development, consistent with the goal of full inclusion.
3. States Parties shall enable
persons with disabilities to learn life and social development skills to
facilitate their full and equal participation in education and as members of
the community. To this end, States Parties shall take appropriate measures,
including:
(a) Facilitating the learning of
Braille, alternative script, augmentative and alternative modes, means and
formats of communication, orientation
and mobility skills, and facilitating peer support and mentoring;
(c). Ensuring that the
education of persons, and in particular children, who are blind, deaf and
deafblind, is delivered in the most appropriate languages and modes and means
of communication for the individual, and in environments which maximize
academic and social development.
4. In order to help ensure the realization of this right,
States Parties shall take appropriate measures to employ teachers, including
those with disabilities, who are fluent in sign language and Braille, and to
train professionals and staff who work at all levels of education. Such
training shall incorporate disability awareness and the use of appropriate
augmentative and alternative modes, means and formats of communication, educational
techniques and materials to support persons with disabilities.
5. States Parties shall ensure
that persons with disabilities are able to access general tertiary education,
vocational training, adult education and lifelong learning without discrimination
and on an equal basis with others. To this end, States Parties shall ensure
that reasonable accommodation is provided to persons with disabilities.
Author’s note: Finally it would not be fair if we leave out
one of the articles we fought hard for, namely an Article on
rehabilitation. The following article
speaks for itself and it is clear that not only is further training of professionals
recognized, but also the right to rehabilitation for the individual’s
needs. For a person with visual
impairment or blindness from birth, tactile and hands-on information has a
special meaning, which makes the education of such skills as the literacy,
daily life, and orientation and mobility effective and meaningful, and this
Article is drafted to specify that these skills should be provided
appropriately. It also places strong
emphasis on the teacher, whether it is a professional teacher, a parent or a
rehabilitation officer.
Article 26 Habilitation and rehabilitation
1. States Parties shall take
effective and appropriate measures, including through peer support, to enable
persons with disabilities to attain and maintain maximum independence, full
physical, mental, social and vocational ability, and full inclusion and
participation in all aspects of life. To
that end, States Parties shall organize, strengthen and extend comprehensive
habilitation and rehabilitation services and programmes, particularly in the
areas of health, employment, education and social
services, in such a way that these services and programmes:
(a) Begin at the earliest
possible stage, and are based on the multidisciplinary assessment of individual
needs and strengths;
(b) Support
participation and inclusion in the community and all aspects of society, are
voluntary, and are available to persons with disabilities as close as possible
to their own communities, including in rural areas.
2. States Parties shall promote the development of initial and continuing
training for professionals and staff working in habilitation and rehabilitation
services.
3. States Parties shall
promote the availability, knowledge and use of assistive devices and
technologies, designed for persons with disabilities, as they relate to
habilitation and rehabilitation.
All these rights must now be
incorporated in national laws and legislation, and an international Committee
will monitor that the rights set forth in this convention will apply in all
countries which ratify it. We all have high hopes for this new international
treaty on Human Rights, and we all hope it will be a well-known convention
among civil society – as well-known as the United Nations’ Convention on the
Right of the Child! More information is
on the web
site of the Convention on the Rights of Persons with Disabilities.
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