United Nations Convention on the Rights of Persons with Disabilities
فوکس
The United Nations General Assembly adopted the Convention on the Rights of Persons with Disabilities on December 13, 2006. The Convention has eight signatories and 182 countries – including India – have ratified or acceded to it. (Signatories are qualified to ratify, accept or approve a treaty. Ratification is an 'international act' whereby a State indicates its consent to be bound to a treaty.)
Its
Preamble emphasises “…the importance of mainstreaming disability issues as an
integral part of relevant strategies of sustainable development.” It invokes the
Universal Declaration of Human Rights, the International Covenant on Civil and Political
Rights
and the International Covenant on Economic, Social and
Cultural Rights, stating that everyone is entitled to the rights and freedoms enshrined
in these treaties, without distinction of any kind.
Articles
1-33 cover recommendations to State Parties on securing rights and fundamental freedoms
for all persons with disabilities, without any discrimination. Articles 34-39
propose establishing a Committee on the Rights of Persons with Disabilities
composed of nationals of the State Parties to the Convention; these Articles
prescribe the manner in which State Parties shall report the measures they have
adopted to observe the rights recognised by the Convention. Articles 40-50
discuss the process by which the Convention is to be ratified and amended. (In UN documents, a ‘State Party’ to a treaty is a country that has
ratified or acceded to that particular treaty, and is therefore legally bound
by the provisions in the instrument.)
The
following are excerpts from 12 of Articles 1 to 33 that remain especially
relevant to the present times:
Article 1: The
purpose of this 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.” The
Convention defines ‘persons with disabilities’ as those with long-term physical,
mental, intellectual or sensory impairments, which – due to various barriers –
may hinder their ‘full and effective participation’ in society on an equal
basis with others.
Article 5: States
Parties shall recognise that all persons are equal before the law and are
entitled to equal protection and benefits of the law, without any
discrimination. States Parties shall guarantee ‘equal and effective legal
protection’ to those with disabilities against discrimination on any ground. To
promote equality and eliminate discrimination, States Parties shall take
appropriate steps so that reasonable accommodation is provided to persons with
disabilities. Certain measures which are necessary to achieve equality of
persons with disabilities shall not be considered as discrimination under this
Convention.
Article 6: Women and girls with disabilities are
subject to discrimination on multiple grounds, and State Parties shall take
measures to ensure they fully and equally enjoy all human rights and
fundamental freedoms. States Parties shall take appropriate measures to ensure
the “full development, advancement and empowerment” of women so that they can
exercise the human rights and fundamental freedoms set forth in this Convention.
Article 7: States
Parties shall take all measures to secure the human rights and fundamental
freedoms of children with disabilities, on an equal basis with other children. The
best interests of the child shall be the primary consideration in all actions
concerning children with disabilities. States Parties shall ensure that
children with disabilities have the right to express their views freely on all
matters affecting them, that their views are given due weight according to the
child’s age and maturity and on an equal basis with other children, and that children
with disabilities have disability and age-appropriate assistance to realise these
rights.
Article 8: States Parties shall adopt immediate,
effective and appropriate measures to raise awareness about, and to foster
respect for, the rights of persons with disabilities; to combat stereotypes,
prejudices and harmful practices relating to persons with disabilities; and to promote
awareness of the capabilities of persons with disabilities. State Parties shall
also initiate and maintain effective public awareness campaigns; foster an
attitude of respect for the rights of persons with disabilities at all levels
of the education system; encourage the media to portray persons with
disabilities in a manner that is consistent with the purpose of this Convention;
and promote ‘awareness-training programmes’ on the rights of persons with
disabilities.
Article 9: To
enable persons with disabilities to live independently and participate fully in
all aspects of life, States Parties shall take appropriate measures to ensure
that persons with disabilities – on an equal basis with others – have access to
the physical environment such as roads, buildings, schools, workplaces, housing
and medical facilities; transportation; information and communications; and
other facilities and services provided to the public in urban and in rural
areas.
Article 16: States Parties shall take
all legislative, administrative, social, educational and other measures to
protect persons with disabilities from all forms of exploitation, violence and
abuse, including gender-based aspects, as well as abuse that occurs both within
and outside the home.
Article 24: States Parties shall recognise
the right of persons with disabilities to education, without discrimination,
and on the basis of ‘equal opportunity’. States Parties shall ensure an
inclusive education system at all levels directed at “the full development of
human potential and sense of dignity and self-worth” as well as the creative, mental and physical
development of persons with disabilities to their fullest potential.
Article 25: States Parties shall
recognise that persons with disabilities have a right to the highest attainable
standard of health without discrimination on any basis. States Parties shall
take all appropriate measures to ensure that persons with disabilities have access
to ‘gender-sensitive’ health services, including health-related rehabilitation.
They shall provide persons with disabilities with the same range, quality and
standard of free or affordable healthcare as provided to other persons. Health
services shall be provided as close to “people’s own communities” as possible,
and health professionals shall be required to provide care of the same quality
to persons with disabilities as to others, on the basis of free and informed
consent. State Parties shall also prohibit discrimination against persons with
disabilities in the provision of health insurance.
Article 27: States Parties shall recognise the right of persons with disabilities to work on an equal basis with others. These countries shall safeguard and promote this right to work – including for those who acquire a disability during the course of employment – by taking appropriate steps to prohibit discrimination on the basis of disability in all forms of employment. State Parties shall promote employment opportunities for persons with disabilities in the labour market, and assist such persons to find, obtain, maintain and return to employment.
Focus by Riya Behl.
PARI Library's health archive project is part of an initiative supported by the Azim Premji University to develop a free-access repository of health-related reports relevant to rural India.
مصنف
United Nations
کاپی رائٹ
United Nations
تاریخ اشاعت
06 دسمبر, 2006