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Human Rights for Disabled People - are you aware of "the Convention"?

Summary: The United Nations Convention on the Rights of Persons with Disabilities (the Convention) is an international treaty with 147 signatories (currently) from countries large and small in the developed and developing world.

 Countries agreeing to implement the principles of the Convention, by taking steps to ensure that their domestic law meets its requirements, go on to ratify the Convention.  Two thirds of the countries signing the Convention have gone on to ratify it, including the United Kingdom, which ratified the Convention on 8 June 2009.  More recently, on 23 December 2010, the European Union formally ratified the Convention, signifying its own commitment towards disabled people’s rights and freedoms and a barrier-free Europe.

 

The stated purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by disabled people and to promote respect for their inherent dignity.  The Convention comprises 50 Articles with around 25 of these containing specific principles about such matters as equality and non discrimination, accessibility, living independently and being included in the community as well as the more commonly recognised human rights and liberties.  The full text of the Convention is available via the United Nations Enable website at www.un.org/disabilities/convention/   

 

The significance of ratification of the Convention (and its Optional Protocol) is that countries agree to report to the United Nations Disability Committee at regular intervals about the progress they are making towards implementing it.  The United Nations Disability Committee is a group of up to 18 experts, nominated and elected by countries that have ratified the Convention, set up specifically to monitor it.  In June 2011 and every 4 years thereafter, the United Kingdom must report to the United Nations Disability Committee.  The Committee will consider this report and any other “shadow” reports from national human rights institutions, including the Equality and Human Rights Commission, voluntary organisations and other reports plus any complaints from groups or individuals.  The United Nations Disability Committee assesses whether governments are meeting their obligations under the Convention and can issue specific recommendations for action.

 

The Convention is binding on the United Kingdom as a matter of international law but it does not form part of domestic law, although it may have an interpretive influence on human rights cases and cases going before the European courts. 

 

The Office for Disability Issues (ODI) is co-ordinating implementation of the Convention across government and the writing of the report to the United Nations Disability Committee in June of this year.  If disabled people or an organisation of or for disabled people wishes to do so, they can send their views and any questions about the Convention to the ODI at odi.international@dwp.gsi.gov.uk   When it is submitted to the United Nations Disability Committee, the United Kingdom’s report will be available publically on the ODI’s website.

 

Independent monitoring of the Convention is being carried out by the United Kingdom’s four Human Rights Commissions.  To contact the Equality and Human Rights Commission (England) with any enquiry or with an issue about the Convention, you can email the following address: UNCRPD@equalityhumanrights.com

 

Public bodies and those delivering services on their behalf must act in a way that is compatible with the principles of the Convention.  By familiarising themselves with the Convention and raising awareness of its provisions, disabled people can help to ensure that it becomes more widely known and respected.  As we approach a new era with the single Public Sector Equality Duty in force on 5 April 2011, specific duties on public authorities to publish information regarding compliance with the general duty by 31 July 2011 and to prepare and publish equality objectives by April 2012, it is more important than ever that the principles of this Convention are not overlooked.   

 

Gillian Carpenter

Discrimination Caseworker

Discrimination Project, Community Law Service (Leicester and County)

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