Uncrpd: By: Ashmita Singh &tanya Jain

UNCRPD
By: Ashmita Singh &Tanya Jain

CONTENTS
 UNCRPD TIMELINE
 INTRODUCTION
 NEED OF UNCRPD
 UNDERSTANDING UNCRPD
 RIGHTS IN CONVENTION
 A PARADIGM SHIFT
 CONCLUSION
UNCRPD TIMELINE
 Adoption by the United Nations General Assembly - 13 December 2006

 Opened for signature - 30 March 2007
 Entry into force – 3 May 2008
 First Conference of States Parties – 31 October & 3 November 2008
 Second Conference of States Parties – 2 – 4 September 2009
 First session of the Committee on the Rights of Persons with Disabilities – 23-
27 February 2008
WHAT IS A CONVENTION?
 A convention is a legally binding agreement made between two or more countries.
A convention comes to its being when countries around the world agree that there
is an issue that requires their concerted attention.
 These are legal commitment which has to be implemented, Even in the field of
disability , before the UNCRPD, there were many declarations “ The standard
Rules on the Equalisation of Opportunities for PWD, but it was not legally
binding.
ADOPTION - Once a Convention has been drafted it is first adopted by UN General
Assembly.
SIGNATURE – When a country signs, it accepts the principle and purpose for the
convention, however it doesn’t mean that the country has to officially implement it.
RATIFICATION- Formal legal process after which necessary steps to make sure that
citizens of country enjoy the rights.
COMING INTO FORCE- Task of implementing the rights begins.
NEED OF UNCRPD
 Govt. report on CRC and CEDADW often ignores Children and women with
disability.
 Despite Having a separate article in UNCRC, it focused on health, education and
rehabilitation. Rights to participate , to information, to freedom from violence, to
an adequate standard of living are rarely addressed.
 Children with disabilities face continuing discrimination in respect to birth
registration, inadequate access to legal justice and freedom to express.
 To update the international human rights law to reflect the social/cultural model of
disability.
UNDERSTANDING UNCRPD
 What is Disability?
The Convention does not explicitly define disability, they think “some people
would be unintentionally excluded.”
 Preamble of Convention states:
 ‘Disability is an evolving concept, and that disability results from the
interaction between persons with impairments and attitudinal and
environmental barriers that hinders full and effective participation in
society on an equal basis with others’
 Article 1 of the Convention states:
 ‘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’.
 Apart from the Preamble, there are 50 articles in the convention.
 Article 1-9 are in a way an introductory articles., dealing with areas of purpose ,
definitions, and principles of convention.
 Article 4 deals with obligations of the state.
 Articles 1-30 deals with rights of people with disability.
 Articles 31-40 deal with implementation and monitoring.
 Articles 41-50 deal with treaty making provisions.
General Principles (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
Rights in the Convention
 Equality before the law without  Respect for home and the family
discrimination (article 5) (article 23)
 Right to life, liberty and security of the  Right to education (article 24)
person (articles 10 & 14)
 Equal recognition before the law and  Right to health (article 25)
legal capacity (article 12)  Right to work (article 27)
 Freedom from torture (article 15)  Right to adequate standard of living
 Freedom from exploitation, violence (article 28)
and abuse (article 16)
 Right to participate in political and
 Right to respect physical and mental public life (article 29)
integrity (article 17)
 Right to participation in cultural life
 Freedom of movement and nationality (article 30)
(article 18)
 Right to live in the community (article
19)
 Freedom of expression and opinion
(article 21)
 Respect for privacy (article 22)
Right against discrimination
 On equal footing with others

 Obligation to provide reasonable accommodation
REASONABLE ACCOMMODATION-
Atc Article 2 , Reasonable Accommodation means necessary and appropriate
modification and adjustments not imposing a disproportionate or undue burden
where needed in a particular case, to ensure to PWD the enjoyment or exercise on an
equal basis with others of all human rights and fundamental freedoms.
 not providing reasonable accommodation will be discrimination
 Enjoyment of rights (Article 5)
Rights of women with disability
 Multiple discrimination
 greater risk, both within and outside the home,
 of violence, injury or abuse,
 neglect or negligent treatment, maltreatment or exploitation,
 Incorporating a gender perspective( Article 3,6)
Children with disability
 Respect for the evolving capacities of children with disabilities and respect for
the right of children with disabilities to preserve their identities.
 States Parties shall take all necessary measures to ensure the full enjoyment by
children with disabilities of all human rights and fundamental freedoms on an
equal basis with other children. (Article 3,7)
Legal Rights
 Right to status as a person with capacity to enter into a contract

 Is a precursor to economic and social empowerment
 Capacity to own property, inherit property, take decisions on all matters (Article
12)
Right to life
 It includes Right to survival and Drevelopment

 Safety against violence and Mortality article 16.
 Protection od persons with disabilities at times of emergencies article11
Family life
 Right to family
 Live in society
 Reproductive rights
 State assistance in child rearing article 23
Accessibility
 Important as a means to empowerment and inclusion

 Both a general principle and a stand-alone article (article 9)
 Access must be ensured to:
 Justice (article 13)
 Living independently and being included in the community (article 19)
 Information and communication services (article 21)
 Education (article 24)
 Health (article 25)
 Habilitation and rehabilitation (article 26)
 Work and employment (article 27) - human resource policies and practices
 Adequate standard of living and social protection (article 28)
 Participation in political and social life (article 29)
 Participation in cultural life, recreation, leisure and sport (article 30)
Mainstreaming Disability in Existing
Processes
 Article 4.1.(c): ‘States Parties undertake to take into account the protection and
promotion of the human rights of persons with disabilities in all policies and
programmers'
 Mainstreaming of disability issues according to the Convention in:
 Work of existing human rights treaty bodies
 Human Rights Council
 Millennium Development Goals (MDG) - national and international strategies
 Common Country Assessment (CCA)/United Nations Development
Assistance Framework (UNDAF)
 Poverty Reduction Strategy Papers (PRSP)
 The development activities of international donors and NGOs
 Census data
 Sectoral and cross-sectoral policies
 Programs and policies for women (article 6) and children (article 7)
 and others...
A Paradigm Shift
 The Convention marks a ‘paradigm shift’ in attitudes and approaches to persons

with disabilities.
 Persons with disabilities are not viewed as "objects" of charity, medical treatment
and social protection; rather as "subjects" with rights, who are capable of claiming
those rights and making decisions for their lives based on their free and informed
consent as well as being active members of society.
 The Convention gives universal recognition to the dignity of persons with
disabilities
Special Rapporteur on Disability
 Role of the Special Rapporteur on Disability
 Monitor the implementation of the Standard Rules for the Equalization of
Opportunities of Persons with Disabilities
 Advocate the equalization of opportunities for, the full enjoyment of all
human rights by, and the well-being of persons with disabilities in all respects
 Create awareness of the Convention on the Rights of Persons with
Disabilities, including for its wider signature and ratification by Member
States
 Act as a catalyst to promote international and technical cooperation on
disability issues, including by identifying strategic areas for the exchange and
sharing of expertise, best practices, knowledge, information and relevant
technologies in order to enhance the capacity-building of Member States
 Collaborate, in the fulfillment of the above tasks, with all relevant
stakeholders, including organizations of persons with disabilities
 Special Rapporteur reports yearly to the Commission for Social Development.
Conclusion
 The challenge of implementing the Convention is now!

 Need for training, capacity building, awareness raising, good practices collection
and validation, knowledge management
 Need to mainstream disability in all development activities
 Need for implementation of Convention principles in the internal operations of
organizations
 Need to include persons with disabilities in all stages of implementation, and build
capacity of organizations of persons with disabilities to do so

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UNCRPD

By: Ashmita Singh &Tanya Jain

 Adoption by the United Nations General Assembly - 13 December 2006

 On equal footing with others

 Right to status as a person with capacity to enter into a contract

 It includes Right to survival and Drevelopment

 Important as a means to empowerment and inclusion

 The Convention marks a ‘paradigm shift’ in attitudes and approaches to persons

 The challenge of implementing the Convention is now!

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