Disability Rights are Human Rights: The United Nations Addresses Discrimination on the Basis of Disability Sherrie Brown LSJ/CHID 332 Spring 2007

2 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.

3 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).

4 Historical Antecedents… Efforts in 19 th Century to prohibit slave trade and war 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.

5 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.

6 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.

7 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

8 Core Human Rights Treaties ICCPR (1966) ICESCR (1966) Convention Against Torture (1984) * * * ICERD (1966) CEDAW (1979) CRC (1989)

9 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.

10 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.

11 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

12 Opening Ceremony at UN

13 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.

14 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. *

15 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.

16 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.

17 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.