Despite the United Nations authorizing an "official fiction" of no "new rights", CRPD provisions address a broad variety of human rights, while adding a state obligation that states provide support to guarantee rights can be practiced. Various authors group them in different categories; this entry will describe basics and mechanics, then describe three categories roughly equivalent to the disputed concept of
three generations of human rights. With increasing frequency, observers have commented on the overlapping and interdependence of categories of rights. In 1993, the
World Conference on Human Rights'
Vienna Declaration provided in its Article 5 that since human rights were "universal, indivisible and interdependent and interrelated ... States have a duty to promote and protect all human rights and fundamental freedoms." Gerard Quinn specifically commented on the fact that the CRPD "co-mingles civil and political rights with economic, social and cultural rights". This is especially apparent in the CRPD where political rights have been meaningless without social and economic support for the economic and social rights are meaningless without participation.
Basics and mechanics Some of the CRPD's first articles set forth its purpose and foundations; after listing disability rights (summarized in later sections below), its last Articles spell out the institutional framework by which disability rights are to be promoted.
Guiding principles of the Convention There are eight guiding principles that underlie the convention, delineated in Article 3: • Respect for inherent
dignity, individual
autonomy including the
freedom to make one's own choices, and
independence of persons • Non-
discrimination • Full and effective participation and
inclusion in society • Respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity •
Equality of opportunity •
Accessibility •
Equality between men and women • Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities
Definitions Article 2 (Definitions) does not include a definition of disability. The Convention adopts a
social model of disability, but does not offer a specific definition.
Disability The convention's preamble (section e) explains that the Convention recognises: Article one (Purpose) further offers that:
Principle of "reasonable accommodation" The Convention defines "
reasonable accommodation" as "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" in Article 2 and demands this in all aspects of life including
inclusive education.
Awareness-raising -sponsored
wheelchair basketball game to promote disability awareness, outside HUD
Headquarters –
DPLA Article 8 of the Convention stresses parties' commitment to
awareness raising to foster respect for rights and dignity to counter disability discrimination. Parties commit to raise disability awareness throughout society, including at the family level, to combat
stereotypes,
prejudices and harmful practices relating to persons with disabilities, including those aggravated by sex and age discrimination. They commit to effective public awareness campaigns to foster positive perceptions in the labour market, the media, and elsewhere.
Civil and political rights The CRPD includes many "freedoms from", reflecting liberal and humanist ideals enshrined in the United Nations
Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and in the many states' rights documents such as the
Americans with Disabilities Act. In the CRPD, frequently states assume obligations to guarantee rights in practice.
Accessibility In its Article 9, the Convention stresses that persons with disabilities should be able to live independently and participate fully in all aspects of life. To this end, States Parties should take appropriate measures to ensure that persons with disabilities have access, to the physical environment, to transportation, to
information and communications technology, and to other facilities and services open or provided to the public.
Accessibility can be grouped into three main groups: • physical accessibility • service accessibility • accessibility to
communication and information Recognition before the law and legal capacity Article 12 of the Convention affirms the equal recognition before the law and
legal capacity of persons with disabilities. It provides that Parties (States and the European Union should reaffirm that persons with disabilities have the right to recognition everywhere as a person before the law; recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life; take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity; and ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with
international human rights law. This provision has been particularly important for disability rights organizations challenging state practices of
institutionalization and
guardianship.
Access to justice Article 13 of the Convention affirms the effective access to justice for persons with disabilities, stating that: States parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and
age-appropriate accommodations, in order to facilitate their effective role as participants, including as
witnesses, in all legal proceedings, including at investigative and other preliminary stages. In order to help to ensure effective access to
justice for persons with disabilities, states Parties are to promote appropriate training for those working in the administration of justice, including
police and prison staff. This Article together with Article 12 are cited by the "Handbook on prisoners with special needs" by the
United Nations Office on Drugs and Crime.
Participation in public life (including the right to vote) Article 29 requires that all Contracting States protect "the right of persons with disabilities to vote by
secret ballot in
elections and public
referendums". According to this provision, each Contracting State should provide for voting equipment which would enable disabled voters to vote independently and secretly. Some democracies, e.g., the US, Japan, Netherlands, Slovenia, Albania or India allow disabled voters to use electronic
voting machines or electronic aides which help disabled voters to fill the paper ballot. In others, among them Azerbaijan, Kosovo, Canada, Ghana, United Kingdom, and most African and Asian countries, visually impaired voters can use ballots in
braille or paper ballot templates. Many of these and also some other democracies, Chile for example, use adjustable desks so that voters on wheelchairs can approach them. Some democracies only allow another person to cast a ballot for the blind or disabled voter. Such arrangement, however, does not assure secrecy of the ballot. Article 29 also requires that Contracting States ensure "that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use". In some democracies, i.e. Sweden and the US, all the polling places already are fully accessible for disabled voters.
Economic, social, and cultural rights The CRPD has many "freedoms to", guarantees that states will provide housing, food, employment, health care, and personal assistance, set forth in the United Nations
International Covenant on Economic, Social, and Cultural Rights. These are positive obligations that the state will act, going beyond the promises of the
Americans with Disabilities Act. stressed the importance of inclusive education and condemned segregated education. The Comment was opposed by organizations including the
World Blind Union and the
World Federation of the Deaf which unsuccessfully argued for a "sensory exception" to recognize the importance of cultural and linguistic rights.
Right to health Article 25 specifies that "persons with disabilities have the right to the enjoyment of the
highest attainable standard of health without discrimination on the basis of disability".
Habilitation and rehabilitation Article 26 of the Convention affirms that "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: begin at the earliest possible stage, are based on the
multidisciplinary assessment of individual needs and strengths; and 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." Parties pledge to promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation service as well as the availability, knowledge and use of
assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation.
Work and employment Article 27 requires that States Parties recognize the right of persons with disabilities to work, on an equal basis of others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a
labour market and work environment that is open, inclusive and accessible to persons with disabilities. The Article obligates States Parties to safeguard and promote the realization of the
right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, continuance of employment, career advancement and safe and healthy working conditions; and to protect the rights of persons with disabilities, on an equal basis with others, to
just and favourable conditions of work, including equal opportunities and
equal remuneration for work of equal value, safe and healthy working conditions, including protection from
harassment, and the
redress of grievances; Parties agree to ensure that persons with disabilities are able to exercise their labour and
trade union rights on an equal basis with others; to enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and
vocational and continuing training; to promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment; and to promote opportunities for
self-employment,
entrepreneurship, the development of cooperative and starting one's own business, acquisition of work experience, vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.
Independent living, international cooperation and national implementation, integrity, disaster protection Some CRPD sections exemplify "third generation" human rights, sometimes described as new rights, "freedoms with", solidarity rights, or group rights. They reflect a realization that disability rights will require a mix of participation by disabled persons, international cooperation, and national implementation.
Situations of risk and humanitarian emergency Article 11 of the Convention affirms that States Parties shall take, in accordance with their obligations under international law, including
international humanitarian law and
international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of
armed conflict, humanitarian
emergencies and the occurrence of
natural disaster.
Independent living The CRPD's Article 19, "
Living independently and being included in the community", is closely related to Article 3 (General Principles) and Article 4 (General Obligations). As sometimes indicated in the
Committee on the Rights of Persons with Disabilities' Concluding Observations on the parties' periodic reports or in a General Comment issued by the committee, disability by its nature involves interdependence, but states can encourage or discourage the autonomy of disabled people and disabled peoples' organizations.
International cooperation and national implementation The CRPD's Article 32 deals with international cooperation, and Article 33 deals with the complexities of national implementation to be facilitated by international cooperation. Specifically, Article 32 provides that "States Parties recognize the importance of international cooperation ... and will undertake appropriate and effective ... in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities." Development programs are to be inclusive of disabled people, an aspiration that has not always been met in practice. Development has recently been an oft-expressed United Nations concern, especially since 4 December 1986, when the United Nations General Assembly adopted the Declaration on the Right to Development. Development and disability rights both depend on popular participation, international cooperation, and national implementation. As expressed in the CRPD's Article 33, parties are to involve civil society, and have designated "
focal points", often in practice
national human rights institutions.
Reservations A number of parties have made
reservations and interpretative understandings or declarations to their application of the convention. These are some examples:
Australia does not consider itself bound to stop forcibly medicating those labeled mentally ill when it is considered a last resort, and understands the Convention to allow substitute decision-making.
Japan declares that paragraph 4 of Article 23 of the convention is interpreted not to apply to a case where a child is separated from his or her parents as a result of deportation in accordance with its
immigration law.
Malta interprets the right to health in Article 25 of the convention as not implying any right to
abortion. It also reserves the right to continue to apply its own election laws around accessibility and assistance. ==Optional protocol==