1 The Convention on the Rights of Persons with Disabilities (CRPD) and Sports Esmé Grant, J.D.

2 Contents  A glimpse of disabilities worldwide  Rationale for the CRPD  Brief history of the drafting process  Overview of CRPD content  Article 30  Current status of the CRPD  A glimpse of disabilities worldwide  Rationale for the CRPD  Brief history of the drafting process  Overview of CRPD content  Article 30  Current status of the CRPD

A Glimpse of Disabilities Worldwide  WHO Report released June 9, 2011  Over 1 billion people have a disability (15% of world’s population)  In 1970, the estimate was 10%  Increase is credited to improved reporting and information gathering techniques, as well as an aging population and an increase in chronic diseases  Emphasizes on identifying physical, financial and attitudinal barriers that people with disabilities face, and offering best practices from around the world on how to overcome those barriers  WHO Report released June 9, 2011  Over 1 billion people have a disability (15% of world’s population)  In 1970, the estimate was 10%  Increase is credited to improved reporting and information gathering techniques, as well as an aging population and an increase in chronic diseases  Emphasizes on identifying physical, financial and attitudinal barriers that people with disabilities face, and offering best practices from around the world on how to overcome those barriers 3

4 Rationale for the CRPD  Invisibility of people with disabilities in the international human rights system  People with disabilities have the same human rights as everyone else  BUT existing treaties offer little guidance & seldom applied to people with disabilities  Reports to treaty monitoring bodies seldom address disability issues  Other standards (e.g UN Standard Rules) not legally binding  Invisibility of people with disabilities in the international human rights system  People with disabilities have the same human rights as everyone else  BUT existing treaties offer little guidance & seldom applied to people with disabilities  Reports to treaty monitoring bodies seldom address disability issues  Other standards (e.g UN Standard Rules) not legally binding

5 Brief history of the drafting process  Origins decades ago  Culminated in UN Standard Rules  CRPD process started by Mexico in Dec 2001  8 sessions of a General Assembly Ad Hoc Committee at UNHQ in NY plus 1 Working Group session  2-3 weeks per session  Origins decades ago  Culminated in UN Standard Rules  CRPD process started by Mexico in Dec 2001  8 sessions of a General Assembly Ad Hoc Committee at UNHQ in NY plus 1 Working Group session  2-3 weeks per session

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7 Drafting process contd.  Guiding principle - full inclusion of all relevant stakeholders  Unprecedented access of DPOs at all stages - especially Working Group meeting where 1st draft of treaty created  Positive involvement of DPOs changed how UN does business  Educational process for all  Guiding principle - full inclusion of all relevant stakeholders  Unprecedented access of DPOs at all stages - especially Working Group meeting where 1st draft of treaty created  Positive involvement of DPOs changed how UN does business  Educational process for all

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9 Drafting process contd.  December 13, CRPD & OP adopted  March 30, CRPD & OP opened for signature  Over 80 States & EU signed & 1 ratification (Jamaica) - record-breaking for a human rights treaty  May 3, CRPD entered into force after 20th ratification  December 13, CRPD & OP adopted  March 30, CRPD & OP opened for signature  Over 80 States & EU signed & 1 ratification (Jamaica) - record-breaking for a human rights treaty  May 3, CRPD entered into force after 20th ratification

10 Overview of CRPD content  One of nine “core” international HRs treaties (ie. has monitoring mechanism)  Legally binding upon States Parties  Current “benchmark” standard  Elaborates existing HRs in the context of disability  Does not create new or special rights for people with disabilities  One of nine “core” international HRs treaties (ie. has monitoring mechanism)  Legally binding upon States Parties  Current “benchmark” standard  Elaborates existing HRs in the context of disability  Does not create new or special rights for people with disabilities

11 CRPD content overview contd.  Structure  Preamble  Introductory articles (Articles 1 & 2)  Articles of general application (Articles 3-9)  Specific articles (Articles 10-30)  Implementation and monitoring measures (Articles 31-40)  Final articles (Articles 41-50)  Optional Protocol  Structure  Preamble  Introductory articles (Articles 1 & 2)  Articles of general application (Articles 3-9)  Specific articles (Articles 10-30)  Implementation and monitoring measures (Articles 31-40)  Final articles (Articles 41-50)  Optional Protocol

12 CRPD content overview contd.  Notable elements:  Cross-disability in approach  NO definition of disability  Strong thread of non-discrimination and equality  Focus on monitoring at all levels  Notable elements:  Cross-disability in approach  NO definition of disability  Strong thread of non-discrimination and equality  Focus on monitoring at all levels

Articles  Article 11 : Situations of risk and humanitarian emergencies  Article 12 : Equal recognition before the law  Article 13 : Access to justice  Article 19 : Living independently and being included in the community  Article 24 : Education  Article 27 : Work and employment  Article 11 : Situations of risk and humanitarian emergencies  Article 12 : Equal recognition before the law  Article 13 : Access to justice  Article 19 : Living independently and being included in the community  Article 24 : Education  Article 27 : Work and employment 13

5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures: (a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; (b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; (c) To ensure that persons with disabilities have access to sporting, recreational and tourism venues; (d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system; (e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities. 5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures: (a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; (b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; (c) To ensure that persons with disabilities have access to sporting, recreational and tourism venues; (d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system; (e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities. 14 Article 30: Participation in cultural life, recreation,leisure and sport

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16 Shift from Medical/Charitable Model to Social Model  Medical Model  Defines disability as a problem and medical intervention as solution  Avoids human rights considerations  Expectation that health profession will remedy the “problem”  Charitable Model  Misconception is that people with disabilities are helpless and need to be cared for  Strips people with disabilities with power and responsibility of taking charge of their own life  Medical Model  Defines disability as a problem and medical intervention as solution  Avoids human rights considerations  Expectation that health profession will remedy the “problem”  Charitable Model  Misconception is that people with disabilities are helpless and need to be cared for  Strips people with disabilities with power and responsibility of taking charge of their own life

Shift from Medical/Charitable Model to Social Model  Social Model  Focuses on barriers created by the social and physical environment that inhibit the ability of persons with disabilities to exercise their human rights  Includes promoting positive attitudes, modifying environment and making sure laws and policies promote integration and non-discrimination  Social Model  Focuses on barriers created by the social and physical environment that inhibit the ability of persons with disabilities to exercise their human rights  Includes promoting positive attitudes, modifying environment and making sure laws and policies promote integration and non-discrimination 17

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Current Status of the CRPD 19

20 Current Status of the CRPD  As of July 2012, 153 countries have signed the CRPD and 117 have ratified  U.S. signed on July 30, 2009  Obama Administration has submitted the CRPD ratification package to the US Senate  Need 2/3 majority in the Senate for the U.S. to be able to ratify and become a States Party to the CRPD  Ratifying CRPD will give Americans with disabilities more ways to engage an inclusive & accessible world - to share experiences with people with disabilities around the world, and work & travel abroad  As of July 2012, 153 countries have signed the CRPD and 117 have ratified  U.S. signed on July 30, 2009  Obama Administration has submitted the CRPD ratification package to the US Senate  Need 2/3 majority in the Senate for the U.S. to be able to ratify and become a States Party to the CRPD  Ratifying CRPD will give Americans with disabilities more ways to engage an inclusive & accessible world - to share experiences with people with disabilities around the world, and work & travel abroad

USICD Handouts  CRPD Status History  CRPD FAQ  USICD  UN Enable Website  CRPD Status History  CRPD FAQ  USICD  UN Enable Website 21

22 CRPD Education and Advocacy Initiative CRPD Education and Advocacy Initiative