The United Nations Convention
After World War II, it seemed that the international community was in no hurry to recognise the need to promote or protect the rights of people with disabilities. The Universal Declaration Of Human Rights, 1948, in its "non-discrimination" provision (Art.2) makes no reference to disability; and this omission was repeated in the European Convention on Human Rights, 1953 - see Art.14, now set out in the first schedule to the Human Rights Act, 1998.
The 1980s and 1990s brought a realisation that people with disabilities were no longer willing to be treated as second-class citizens. In 1993, the United Nations' Standard Rules for the Equalization of Opportunities for Persons with Disabilities were signed: A step forward, but the instrument was not legally binding.
In November, 2002, the Mexican government secured the passing of a resolution by the UN General Assembly, setting up an "Add-Hoc committee" to draft "a comprehensive and integral international convention on the protection and promotion of the rights and dignity of persons with disabilities."
The worldwide disability movement set up an international disability caucus, to shadow the work of the Ad-Hoc Committee.
After eight sessions, spaced out over four years, the committee, on 25 August, 2006, agreed upon a text.
The title of the document is now: "Draft Convention on the Rights of Persons with Disabilities."
After a couple of dozen or so recitals, the text begins:-
"ARTICLE 1 – PURPOSE
"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.
"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."
It will be seen that this article attempts a definition of "persons with disabilities", using "includes". Usually, when "includes" is used, it extends the "natural meaning." Thus, "persons with disabilities may be held to have its natural meaning, plus the additional meanings expressed in the article.
Article 2 contains definitions.
Article 3 reads:-
"ARTICLE 3 - GENERAL PRINCIPLES
"The principles of the present Convention shall be:
"(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
"(b) Non-discrimination;
"(c) Full and effective participation and inclusion in society;
"(d) Respect for difference and acceptance of disability as part of human diversity and humanity;
"(e) Equality of opportunity;
"(f) Accessibility;
"(g) Equality between men and women;
"(h) Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
Lack of space prevents me from setting out in detail the remaining provisions of the text, running, as it does, to 34 pages! Headings of articles include:
5: Equality and non-discrimination; 6: Women with disabilities; 7: Children with disabilities. 8: Awareness raising, etc, etc.
On 13 December, 2006, the General Assembly of the United Nations adopted the convention.
On 30 March, 2007, it was signed by the United Kingdom and over eighty other states. It will come into force when twenty states have ratified it. Jamaica was the first to ratify the convention, and it is expected that it will have been ratified by the necessary twenty states by the beginning of 2008. Even then, it is, of course, only binding on the states which have ratified it
The convention marks an important milestone in the journey towards full civil and human rights which people with disabilities are having to make. It is to be hoped that its provisions will become a universal charter which people with disabilities will be able to rely on.
John Wall