International Developments

Idea of Convention Proposed to UN Human Rights Commission, Geneva

Below are excerpts from the statement presented to the 56th Session of the UN Commission on Human Rights in Geneva, in early April, by Bengt Lindqvist.  Mr. Lindqvist of Sweden has been responsible for monitoring implementation of the UN Standard Rules for Equalization of Opportunities for People with Disabilities since 1993.

Isolation and Exclusion

" Variations in physical, mental and sensory functioning have always existed among human beings. Yet, people with functional limitations - disabilities - have always run the risk of being excluded and marginalized. Throughout the centuries we have designed and constructed our societies, as if persons with disabilities did not exist, as if all human beings can see, hear, walk about, understand and react quickly and adequately to signals from the world around them. This illusion, this misconception about human nature, this inability to take the needs of all citizens into account in the development of society, is the main reason for the isolation and exclusion of persons with disabilities, which we can observe in different forms and to different degrees all over the world. It will take a long time to change this pattern of behaviour, which is deeply rooted in prejudice, fear, shame and lack of understanding of what it really means to live with a disability. However, the international efforts to improve the living conditions for persons with disabilities have started and progress is being made."

Standard Rules

" A considerable number of governments have issued new legislation and introduced new policies based on the Standard Rules. The Rules are being used both in training and advocacy by the major international disability organizations... My monitoring also demonstrates that children with disabilities, women with disabilities and persons with developmental and psychiatric disabilities are particularly exposed to discrimination and exclusion. The development of future programmes and services must ensure that these groups are included and that their needs are taken into account."

How to advance human rights of disabled persons?

" Is it possible to effectively monitor the rights of persons with disabilities within the present system, or do we need to strengthen or develop our tools? Would it be more appropriate to elaborate additional protocols to the main Covenants of human rights? Is the answer after all that a special Convention on the rights of persons with disabilities is the best way of creating an effective structure for protection and monitoring?"

Convention?

"As a matter of fact the elaboration of a Convention was suggested by the Chinese delegation, with the support of some other governments, at the recent meeting of the Commission for Social Development. This initiative has been followed-up by a "Beijing declaration", in which a number of major international and national disability organizations declare themselves committed to the idea of a Convention."

Ombudsman?

"Another aspect, which has been discussed among disability organizations, is whether it would be appropriate to establish a special post as disability ombudsman at the Office of the High Commissioner for Human Rights. An alternative to a disability ombudsman could be to establish a temporary position as Special Rapporteur to assist in developing the monitoring standards in the disability field."

Analysing Options

" It must be decided whether an effective and relevant monitoring is possible to achieve through already existing instruments or if the elaboration of a Convention is the best way to protect the human rights of persons with disabilities. Before taking this decision, it would be sensible to analyse further the various available options. This Commission is the appropriate body to initiate this analysis. I am sure that you could find a suitable mechanism for this."