The UN Convention on the Rights of Persons with Disabilities

1. The UN Convention on the Rights of Persons with Disabilities A new framework of rights for a new century Presented by Anna MacQuarrie

2. Global Context of Disability • There are at least 650 million people with disabilities living in the world. Approximately 400 million of whom live in a developing country • If they all lived together in the same place, they would make up the third largest country in the world. • A country around the size of the European Union. • It would be the least educated country; with the highest rate of infant mortality; few employment opportunities and restricted access to democratic processes. • Without doubt, it would be the poorest country in the world. 400 Million R (www.400millionr.com)

3. We Know That • Of the estimated 650 million persons living with a disability in the world today 130 million have an intellectual disability • If one includes families, there are approximately 2 billion persons who are directly affected by disability in the world, representing almost a third of the population. • 80% persons with disabilities live in developing countries

4. An estimated 80% of persons with disabilities are unemployed. • Less than 2% of children with disabilities in developing countries are attending school • While people with disabilities, make up about 10% of the world's population, they make up 20% of those living in poverty. • This means an estimated 26 million people with an intellectual disability living on less than $1/day.

5. Why a UN Convention? • UDHR developed from a particular vantage point • Body of international law has grown as our understanding of issues and our vantage point has changed • Previous efforts generally fell under a health and welfare approach and have not been integrated into the broader human rights framework and family or development framework • Advancements in human rights protections and approach were not resulting in systemic change • Existing HR monitoring doing little more than raising awareness • Existing human rights treaties were not being used to promote and protect the rights of PWDs.

6. Towards a UN Convention 1987: first proposal for a disability convention (Italy and Sweden), but lack of agreement between Member States; general HR treaties are considered to be protective enough. 2001 : Mexican proposal for a new convention endorsedby the UN/GA An AD HOC COMMITTEE is created in Dec.2001 to work on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of PWDs, The AD HOC COMMITTEE met twice per year in New York and was comprised of: • All Member States and observers of the UN • Civil Society • National Human Rights Institutions

7. UN Convention on the Rights of Persons with Disabilities • On December 13, 2006, the United Nations General Assembly formally adopted the Convention on the Rights of Persons with Disabilities (CRPD). • Opened for signature on March 30, 2007

8. A Convention of Many “Firsts” • First human rights treaty of the 21st Century; • Fastest negotiated human rights Convention in UN history • first time in history civil society actively participated in the development and negotiation of the text; • first human rights Convention with an explicit social development dimension; • first human rights Convention open for signature by regional integration organizations (i.e. the European Union); and, • with 82 signatories on March 30, 2007, it has the highest number of signatories in history to a UN Convention.

9. UN CRPD • In 50 articles, the CRPD clearly articulates what existing human rights mean within a disability context and establishes reporting and monitoring procedures for States Parties. • Has an Optional Protocol – complaints mechanism • Does NOT establish new rights

10. A New Approach to Rights Different for a number of reasons: • The way it was developed • The way it understands human rights • The way it will be serviced

11. Participatory • Never before in the history of the United Nations have people affected by a Convention been so intimately involved in drafting it • 800 civil society reps at the last meeting • The disability community influenced not only the text itself, but also influenced the level of awareness among member states of the challenges faced by people with disabilities and their families.

12. New Understanding • Consolidates shift from medical to social model – a paradigm shift to a more strategic vision framed within human rights based development • represents a shift in understanding human rights in isolation to seeing their realization within a context of development and cooperation and to link policy and investments in poverty reduction to a human rights framework. • Explicit social development dimension • Provides parameters/map for Human rights driven development • Allowed for articulation of new concepts to realize existing rights

13. Key Accomplishments • Legal capacity • Right to live in the community where and with whom we choose. • Right to inclusive education. • Right to equal treatment before the law. • International Cooperation • Recognition of Children • Recognition of Women • Recognition of Families

14. New Way of Working • This Convention will be the first core human rights Convention to have links to both the Office of the High Commissioner on Human Rights and the Department of Economic and Social Affairs. • This Convention helps move the UN towards a new way of working by recognizing the need for cooperation and collaboration. • Created an expectation of participation – domestically and internationally.

15. Making the Convention a Reality • Signature • 136 CRPD; 79 OP • Ratification (needed 20 States CRPD, 10 States OP) • 41 CRPD; 25 OP • Came into Force May 3, 2008 • Conference of States Parties Oct 31 – Nov 3, 2008 • Committee of Experts (12) • Bureau: President: Mexico; Vice-Presidents: Hungary, Jordan, New Zealand and South Africa     • Elected Members of the Committee on the Rights of Persons with Disabilities: Bangladesh, Qatar, Hungary, Spain, Slovenia, China, Jordan, Australia, Chile, Ecuador, Tunisia, Kenya      

16. Making Effective Implementation a Reality • Dialogue – Between governments, civil society and the disability community are essential for developing a shared understanding of the CRPD • Consultation Mechanism and Focal Point –It is critical that the CRPD have a publicly accessible focal point in Government and that a consultation mechanism be established. • Resourced Plan for Implementation – To effectively implement the CRPD, an appropriately resourced plan should be developed in collaboration with the consultation mechanism to guide implementation. • Submission of Shadow Reports – All States Parties are required to report to the Committee; Civil society can submit reports as well.