Disability Rights are Human Rights: The United Nations Addresses Discrimination on

the Basis of Disability

Sherrie Brown

LSJ/CHID 332

Spring 2007

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What is a Human Right? Is a natural right—every person has certain rights

simply by being. Has a moral authority even when not written in

law. Is inalienable (not capable of being transferred to

another). What government does not give, government

cannot take away. Basic standards without which people cannot live

in dignity. To violate a human right is to treat other as

though he/she is not human.

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Brief History Idea that everyone, by virtue of his/her

humanity has rights, is relatively new. Roots lie in earlier

traditions/documents Tradition of “golden rule.” Assertions of individual rights—e.g., Magna

Carta (1215), English Bill of Rights (1689), French Declaration of Rights of Man and Citizen (1789), US Constitution/Bill of Rights (1791).

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Historical Antecedents… Efforts in 19th Century to prohibit slave

trade and war. 1919 ILO established to oversee treaties

protecting workers’ rights. League of Nations created at end of

WWI. Roosevelt’s 1941 State of the Union

address—i.e., 4 essential freedoms. Nuremberg Trials in Germany and war

crimes trials in Japan.

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United Nations Charter 1945 Member states pledged to promote

respect for the human rights of all. Includes “inherent dignity and

equal inalienable rights” for all. Established a Commission on

Human Rights with task to articulate fundamental rights and freedoms.

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Universal Declaration of Human Rights 1948

Influential albeit only a “declaration.”

Has achieved status of customary international law because people regard it as a common standard of achievement for all people.

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United Nations 193 Member states, all of which belong to the

General Assembly. General Assembly votes to adopt human rights

declarations and conventions (treaties or covenants).

There are an additional 5 main bodies of UN. International Court of World Justice Secretariat Economic and Social Council Security Council Trusteeship Council

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Core Human Rights Treaties ICCPR (1966) ICESCR (1966) Convention Against Torture (1984)

* * * ICERD (1966) CEDAW (1979) CRC (1989)

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Human Rights and Disability 1940s-50s, UN actively promotes rights

through social welfare activities, disability prevention and rehabilitation through training personnel and establishing rehabilitation centers.

1960s, revamped policy to call for full participation in society.

1970s, concept of human rights for people with disabilities and equal opportunity for them.

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UN Documents Declaration on Rights of Mentally Retarded

Persons General Assembly adopts in 1971

Declaration of the Rights of Disabled Persons Adopted in 1975 People with disabilities should have equal civil

and political rights. Convention on the Rights of Persons with

Disabilities Adopted December 2006; opened for

ratification March 2007, current signatories 95/optional protocol 51.

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UN Guidelines Standard Rules in the Disability

Field Standard Rules for the Equalization

of Opportunities for Persons with Disabilities

Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health

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Opening Ceremony at UN http://www.un.org/disabilities/convention/signature.sht

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Convention on Rights of Persons with Disabilities

Purpose: Promote, protect and ensure the full and

equal enjoyment of all human rights and fundamental freedoms…and to promote respect for their inherent dignity (article 1).

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.

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UN describes a disabled person* The more obstacles there are the more

disabled a person becomes. Persons with disabilities have long-term

physical, mental, intellectual, or sensory impairments such as blindness, deafness, impaired mobility, and developmental impairments.

Some people may have more than one form of disability and many, if not most people, will acquire a disability at some time in their life due to physical injury, disease or aging.

* http://www.un.org/disabilities/convention/questions.shtml#nine

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Convention is Comprehensive Accessibility, personal mobility, health,

education, employment, habilitation and rehabilitation, participation in political life, and equality and non-discrimination.

Offers a shift in thinking about disability from social welfare concern to human rights issue.

As such…acknowledges that societal barriers and prejudices are themselves disabling.

Does not include “new” rights.

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Countries that ratify must… Introduce measures that promote the

human rights of persons with disabilities. Anti-discrimination legislation, Eliminate laws and practices that discriminate

against persons with disabilities, Consider persons with disabilities when

adopting new policies and programs. Making services, goods, and facilities

accessible to persons with disabilities.

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Optional Protocol States Parties that ratify this protocol

agree to respond to complaints of violations to the Convention that are received by the Committee on the Rights of Persons with Disabilities from individuals or groups.

Committee investigates and issues reports on its findings with recommendations for corrective actions if any.