International Mandates: Promoting the Rights and Social Integration of Persons with Disabilities

The past four decades have witnessed a myriad of events and initiatives agreed upon by the international community that have focused either exclusively or partly on safeguarding the rights of persons with disabilities and on supporting their inclusion in all aspects of life (see table 3).  The three main instruments entrusted with these issues are summarized below.

Source: Compiled by ESCWA.

The Declaration on the Rights of Disabled Persons, which was adopted in 1975, was among the first instruments to advocate human rights principles related specifically to persons with disabilities.[1] Emphasis on the rights-based approach to disability gained momentum with the designation of the International Year of the Disabled (IYDP) in 1981;[2] and with the formulation of the World Programme of Action Concerning Disabled Persons (WPA) in 1982.[3] WPA is a global strategy with three core objectives related to disability prevention, rehabilitation and equalization of opportunities, and the participation of persons with disabilities in social life and social development. In order to provide a time frame during which governments and organizations can implement the activities recommended by WPA, the General Assembly of the United Nations proclaimed the period 1983-1992 as the United Nations Decade of Disabled Persons.[4]

In 1993, the General Assembly adopted the Standard Rules on the Equalization of Opportunities for Persons with Disabilities.[5] This instrument was designed to inform disability policymaking and to provide a basis for technical and economic cooperation among States in this field. The 22 rules summarize the message of the World Programme of Action and set forth preconditions and target areas for equal participation, implementation measures and monitoring mechanisms.  The Standard Rules also provide for the appointment of a Special Rapporteur to monitor their implementation.

These normative instruments represent a moral and political commitment by States to achieve the equalization of opportunities for persons with disabilities, and can be used as blueprints to enact disability legislation or to formulate disability-inclusive policies. Nonetheless, evidence showed that potentials of persons with disabilities were not sufficiently harnessed and they remained excluded, especially from the economy. Continued violation of rights called for the establishment of a comprehensive international contract that determines the legal obligations on States to promote and protect the rights of persons with disabilities.

As a result, the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol was adopted by the United Nations General Assembly on 13 December 2006.[6]  CRPD was opened for signature on 30 March 2007 and entered into force on 3 May 2008, making it the first legally binding instrument to protect fully the rights of persons with disabilities. A list of signatures and ratifications by Arab countries to the Convention on the Rights of Persons with Disabilities is provided in table 4.

CRPD represents a paradigm shift away from attitudes that consider persons with disabilities as objects of charity, medical treatment and social assistance, to active development agents and holders of rights. It identifies the civil, cultural, economic, political and social rights of persons with disabilities as well as the obligations of the State to promote, protect and enforce those rights. Thus, the Convention goes beyond other human rights treaties in delineating responsible actions that the State needs to take in order to create an enabling environment, fight discrimination and achieve social equity.[7]

Source: United Nations Enable, “Convention and Optional Protocol Signatures and Ratifications”, which is available at: www.un.org/disabilities/countries.asp?navid=12&pid=166.

The Convention requires monitoring at both the national and international levels. Nationally, the Convention requires its State Parties to assign a framework/authority to promote, protect and monitor the implementation of the Convention, such as an independent national human rights institution or a special court. Internationally, the Convention establishes a Committee on the Rights of Persons with Disabilities tasked with reviewing periodic reports on the progress made by States in implementing the Convention. For those States that are party to the Optional Protocol, the Committee has the authority to receive petitions or complaints from individuals claiming breaches of their rights, and to undertake enquiries in the event of grave or systematic violations of the Convention.[8]