Brief Introduction of Rights and Dignity of Persons with Disabilities


The Convention on the Rights and Dignity of Persons with Disabilities (hereinafter refers to “the Convention”) and its Optional Protocol was adopted on 13 December 2006 at the United Nations Headquarters in New York, and has been opened for signature since 30 March 2007.Until now, there have been 82 signatories to the Convention, 44 signatories to the Optional Protocol. It is the first comprehensive human rights treaty of the 21st century and is the first human rights convention to be open for signature by regional integration organizations.

A.The Purpose of the Convention

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. The Convention marks a "paradigm shift" in attitudes and approaches to persons with disabilities. It takes to a new height the movement from viewing persons with disabilities as "objects" of charity, medical treatment and social protection towards viewing persons with disabilities as "subjects" with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.

B.Guiding Principles of the Convention

There are eight guiding principles that underlie the Convention and each one of its specific articles:

a.Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons;

b.Non-discrimination. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds;

c.Full and effective participation and inclusion in society. States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community;

d.Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

e.Equality of opportunity;

f.Accessibility. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas;

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. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right.

C.Monitoring of the Implementation of the Convention

Article 33 explains National implementation and monitoring for the Convention. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.

States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

----Shirfley Ye

                                               

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