Analysis of the CRPD: History, Structure and Main Features Katherine Guernsey

Contents  Need for the CRPD - a treaty whose time has come  Timeline of a treaty - the drafting process  Heart of a treaty - content & structure  Forward thinking - main features  Need for the CRPD - a treaty whose time has come  Timeline of a treaty - the drafting process  Heart of a treaty - content & structure  Forward thinking - main features

Need 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 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 not legally binding

Drafting process  Origins decades ago  Culminated in UN Standard Rules  CRPD process started by Mexico in Dec 2001  8 sessions of GA 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 GA Ad Hoc Committee at UNHQ in NY plus 1 Working Group session  2-3 weeks per session

Drafting process contd.  Guiding principle - full inclusion of all relevant stakeholders  Unprecedented access of DPOs at all stages - especially WG meeting  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 WG meeting  Positive involvement of DPOs changed how UN does business  Educational process for all

Drafting process contd.  13 December CRPD & OP adopted  30 March CRPD & OP opened for signature  Over 80 States & EC signed & 1 ratification - record-breaking for HRs treaty  3 May CRPD entered into force after 20th ratification  To date 137 signatories, 49 ratifications, 81 OP signatories, 28 OP ratifications  13 December CRPD & OP adopted  30 March CRPD & OP opened for signature  Over 80 States & EC signed & 1 ratification - record-breaking for HRs treaty  3 May CRPD entered into force after 20th ratification  To date 137 signatories, 49 ratifications, 81 OP signatories, 28 OP ratifications

CRPD content & structure  One of nine “core” international HRs treaties (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 (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

CRPD content & structure 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

CRPD main features  Notable elements:  Cross-disability in approach  NO definition of disability  Grounded in social model of disability  Comprehensive content – both ESCRs and CPRs  Strong thread of non-discrimination and equality  Focus on monitoring at all levels  Strong connection between disability, human rights and development  Notable elements:  Cross-disability in approach  NO definition of disability  Grounded in social model of disability  Comprehensive content – both ESCRs and CPRs  Strong thread of non-discrimination and equality  Focus on monitoring at all levels  Strong connection between disability, human rights and development