CONVENTION OF THE RIGHTS OF PERSONS WITH DISABILITIES by

What is the stated goal of the "Disability Convention"?

22175001 — 2022-10-05 11:42:37 UTC

⁽¹⁾The Convention on the Rights of Persons with Disabilities (CRPD) is an international human rights convention that sets out the fundamental human rights of people with disability. The purpose of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.
⁽²⁾It comprises two documents, the Convention on the Rights of Persons with Disabilities, which contains the leading human rights provisions expressed as a series of Articles, and the Optional Protocol to the Convention on the Rights of Persons with Disabilities. The CRPD and its Optional Protocol opened for signature on 30 March 2007 and Australia became one of the original signatories. The CRPD entered into force for Australia on 16 August 2008, and the Optional Protocol in 2009.

^{1.https://humanrights.gov.au/our-work/disability-rights/united-nations-convention-rights-persons-disabilities-uncrpd
2. Ibid}

Who is protected under the CRDP?

22175001 — 2022-10-05 12:41:19 UTC

⁽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. The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.

States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to equal protection and equal benefit of the law.
States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms.
States Parties shall take all necessary measures to ensure the full enjoyment of children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.

^{(1) https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities}

What is a Human Rights model of Disability? What do you think are the implications?

22175001 — 2022-10-05 13:08:38 UTC

⁽¹⁾ The human rights model, as the name suggests, is based on basic human rights principles. It recognizes that:

Disability is a natural part of human diversity that must be respected and supported in all its forms
People with disability have the same rights as everyone else in society
The impairment must not be used as an excuse to deny or restrict people’s rights

The human rights model exists because of an important international document: The United Nations Convention on the Rights of Persons with Disabilities. This document was finalized in 2006 and is one of nine international human rights instruments that have been developed by the United Nations. It is important because it:

Was developed by people with disability, to achieve a greater level of equality for people with disability around the world
Explains the steps that governments around the world must take to uphold, promote and protect the rights of people with disability.

The Australian Government signed and ratified the Convention on the Rights of Persons with Disabilities in 2008. In doing so, it has made a legal commitment to upholding the principles the Convention establishes.

⁽²⁾ Our understanding of disability, and the rights of people with disabilities, has evolved significantly over the past thirty years. As the preamble to the Convention on the Rights of Persons with Disability (CRPD) states:
Disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others.
In other words, the barriers to equality that people with disabilities face are a result of negative or 'disabling' community attitudes and 'disabling' social environments that, because of their impairments, they struggle to access or navigate. Promoting and protecting the rights of people with disabilities involves identifying and removing the social and attitudinal barriers that prevent persons with disabilities from enjoying their basic human rights, on the same basis as others.
The Convention puts the focus firmly on the dignity of the person, and not on her or his disability or impairment. This is the 'human rights model' of disability.

^{(1) https://humanrights.gov.au/our-work/education/introduction-human-rights
(2)https://www.asiapacificforum.net/support/human-rights/people-disabilities/new-perspective/}

Q2 Differences in Monitoring Mechanism - CRPD compared to other UN Conventions?

prethilarhuban — 2022-10-05 15:36:09 UTC

This is a good example on monitoring mechanism and the loophole of persons with disabilities within human right bodies. One example will be sufferings came about from segregation. Persons with disabilities is not protected here even by the global leader, the UN Subcommittee on Prevention of Torture. This is due to the lack of monitoring mechanism which subsequently ended up to the human right abuses concerning persons with disabilities.

Due to the rights of persons with disabilities not well protected, the UNCRPD came about. There were 177 ratification to the CRPD and 92 ratification to its optional protocol.

The United Nations Convention on the Rights of Persons with Disabilities 13.12.2006.

https://doi-org.ezproxy.brunel.ac.uk/10.1080/13642987.2012.718506
Dorottya Karsay & Oliver Lewis
Pages 816-830 | Published online: 30 Aug 2012

Q3 ARTICLE 33 CRPD - OBLIGATION FOR SIGNATORY STATES

prethilarhuban — 2022-10-05 15:51:59 UTC

Article 33(2) of the UN Convention on the Rights of Persons with Disabilities (CRPD or Convention)
- provides that the state should designate or establish one or more independant mechanism to promote, protect and monitor the implementation - taking into account Paris Principles.

-the role of National Human Rights Institution (NHRIs) and whether they should exercise the functions of independant mechanism.

- cooperation between these mechanism.

States which have signed the CRPD have an oigation to protect, respect and fullfill the agreed standard. Despite this, violations often occur behind "closed or open doors" among signatory states and go unreported. The number of people with mental health condition globally has increased and these category of mentally disabled person definitely is more in need of better human right practices and protections.

Despite after seven years of the CRPD, the mental health facilities in Europe is still poor in quality which might lead to delay in recovery of the said person.

Eg: People are still chained to their beds and locked away which restricts their mobility. These type of act still amounts to inhuman and degrading treatment. This is not only limited to in house patients.
BASIC HUMAN NEEDS ARE NOT MET.

Seven years after ratification of the UNCRPD: Are there any advances for patients with mental health conditions?
Published online by Cambridge University Press: 23 March 2020 Y. COHEN

Q4 INDIVIDUALS CAN SUBMIT COMPLAINTS:-

prethilarhuban — 2022-10-05 15:59:30 UTC

The Optional Protocol which is an International Treaty establishes 2 procedures:-
a) Individual communications procedure allowing individuals to bring petitions to the Committee for breach of their rights;
b) Inquiry procedure giving the committee authority to undertake inquiries of grave or systematic violations of the Convention.

UNITED NATIONS (Q & A)

Is there a need for a 'Disability Convention '? Why?

22721011 — 2022-10-05 18:57:00 UTC

_1. The Convention is necessary in order to have a clear reaffirmation that the rights of persons with disabilities are human rights and to strengthen respect for these rights. Although existing human rights conventions offer considerable potential to promote and protect the rights of persons with disabilities, it became clear that this potential was not being tapped. Indeed, persons with disabilities continued being denied their human rights and were kept on the margins of society in all parts of the world. This continued discrimination against persons with disabilities highlighted the need to adopt a legally binding instrument which set out the legal obligations on States to promote and protect the rights of persons with disabilities.

The Convention incorporates a social development perspective. The Convention recognizes the importance of international cooperation and its promotion to support national implementation efforts. An innovation in this regard concerns specific references to actions the international community could take to promote international cooperation such as:

• ensuring that international development programmes are inclusive of and accessible to persons with disabilities;

• facilitating and supporting capacity-building;

• facilitating cooperation in research and access to scientific and technical knowledge;

• providing technical and economic assistance as appropriate.

_1. United Nations
Convention on the Rights of Persons with Disabilities (CRPD)
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/frequently-asked-questions-regarding-the-convention-on-the-rights-of-persons-with-disabilities.html#iq6

What measures are States to undertake under Article 4 CRPD?

22721011 — 2022-10-05 19:06:58 UTC

Article 4 - General obligations

_1. 1. States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability. To this end, States Parties undertake:

a) To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;

b) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against persons with disabilities;

c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;

d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

f) To undertake or promote research and development of universally designed goods, services, equipment and facilities, as defined in article 2 of the present Convention, which should require the minimum possible adaptation and the least cost to meet the specific needs of a person with disabilities, to promote their availability and use, and to promote universal design in the development of standards and guidelines;

g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;

h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

i) To promote the training of professionals and staff working with persons with disabilities in the rights recognized in this Convention so as to better provide the assistance and services guaranteed by those rights.

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law.

3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

4. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any State Party to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.

5.The provisions of the present Convention shall extend to all parts of federal States without any limitations or exceptions.

1.United Nations
Human Rights
Convention on the Rights of Persons with Disabilities
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/frequently-asked-questions-regarding-the-convention-on-the-rights-of-persons-with-disabilities.html#iq6

Does the CRPD reformulate or create new rights?

22721011 — 2022-10-05 19:08:09 UTC

_1. The convention does not create any new rights. It certainly adds a set of new features, which make it a treasure trove don't just for persons with disabilities, but for human rights in general.

international Disability Alliance
Understanding the UN CRPD

https://www.internationaldisabilityalliance.org/UnderstandingtheCRPDHandbook
Published online -2010

What does reasonable accommodation mean for the purposes of the CRPD?

21662052 — 2022-10-05 20:50:29 UTC

Article 2 of the CRPD adopts a broad and inclusive definition of discrimination which provides as follows: ‘“Discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation; “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 persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms’.
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is the first international human rights convention to explicitly hold that the failure to provide reasonable accommodation amounts to an act of discrimination. Arguably, the inclusion of the duty to accommodate is one of the more important features of the CRPD, as it provides a legal tool to assist in the enforcement of equality provisions both in the public and private sphere. Moreover, the duty to accommodate is situated within the CRPD articles of general application thus ensuring that the duty to accommodate is explicitly linked to the realization of all human rights – including the right to education. Additionally, the right to education contains two additional references to reasonable accommodation and the duty to accommodate learners with disabilities, suggesting it is particularly important in the education context.

https://www.cambridge.org/core/books/abs/right-to-inclusive-education-in-international-human-rights-law/reasonable-accommodation/E529AB521EE583B4DD3552CF048A5D18

THE WORK OF CRPD COMMITTEE What is the role of the CRPD committee?

21662052 — 2022-10-05 21:38:59 UTC

The CRPD committee gives an authoritative interpretation of the CRPD provisions through general comments, which include recommendations on how to implement specific articles of the convention.
The CRPD Committee is also in charge if monitoring the implementation of the convention. Article 35 CRPD requires the States parties submit regular reports to the Committee regarding the domestic implementation of the Convention. The first report is due within two years after the entry into force of the convention for the State Party concerned ,and subsequent reports are due at least every four years thereafter or when the CRPD Committee requests it.
In 2009, the CRPD Committee released a document Reporting Guidelines, in order to advise states Parties on the form and content of their reports.so as to ensure that States Parties' reports are comprehensive and are presented in a uniform manner. Article 36 CRPD enables the Committee consider these reports and give recommendations.
The Committee as a Quasi Judicial Body: The system set forth in the CRPD with regard to the Committee is complemented by the OP-CRPD which entrusts the Committee with the tasks by examining individuals complaints regarding alleged CRPD violations and of undertaking ex officio inquires on serious violations.

Broderick Andrea and Ferri Della, International And European Disability Law And Policy,2009

Are there any differences in the monitoring mechanisms established under the CRPD compared to other UN Conventions?

21662052 — 2022-10-05 22:21:56 UTC

The Convention itself contains a detailed set of rules( Articles 31-40) governing its implementations.Unlike previous UN human rights treaties, the CRPD's monitoring mechanism addresses both levels- the UN and the State Parties. On the side of the UN, dedicated body- the Committee on the Rights of Persons With Disabilities- was established to oversee the effective implementation of the Convention and in particular the national monitoring processes.
On the National level, Article 33 provides for a three-tier mechanism.This requires that the State Parties:
- designate one (or more) national Focal Point(s) at government level;
-consider putting in place a Coordination mechanism within the government to ensure multi-level and cross- service implementation; and
- establish an independent framework to promote ,protect and monitor the Convention' implementation in the country concerned.
Moreover, civil society representative- notably disability organisations-need to be actively involved in the monitoring mechanism.Involving people with disabilities -as had already been the case in the negotiations of the Convention-underpins the Convention's principles of participation.The implementation of Article 33 is a key issue and can be considered a pre- condition for giving effect to the Convention.Scholar Gauthier de Beco Judges Article 33 to be 'one of the most innovative provisions of the Convention', as it 'arguably the most complete provision on national implementation and monitoring mechanism ever found in an international human rights treaty'.

https://op.europa.eu/en/publication-detail/-/publication/c7acc551-f63b-11e5-8529-01aa75ed71a1/language-en