The United Nations web page on "The UN and Persons with Disabilities" states: In the 1940s and 1950s the United Nations was active in promoting the well-being and rights of persons with physical disabilities through a range of social welfare approaches.… As a result of initiatives from within the community of disabled persons, the 1960s saw a fundamental reevaluation of policy and established the foundation for the full participation by disabled persons in society.
Of course, in December 1948 the Universal Declaration of Human Rights was adopted by the UN General Assembly (UNGA). Naturally, persons with disabilities are included although, unfortunately, there is no direct mention of them. It was not until the Seventies when more specific attention was given to persons with disabilities and their special needs. This resulted in, for example, the following UNGA resolutions:
·
the Declaration on the Rights of Mentally Retarded Persons in 1971·
the Declaration on the Rights of Disabled Persons in 1975.
The following year the UNGA proclaimed 1981 as the International Year of Disabled Persons (IYDP), the major outcomes of which were:
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the World Programme of Action concerning Disabled Persons, which was adopted by the UNGA in 1982·
the proclamation of the United Nations Decade of Disabled Persons, 1983 – 1992.
The Eighties ended on a high and hopeful note with the adoption of the Convention on the Rights of the Child by the UNGA in November 1989. At least two Articles in this Convention, Article 23 and Article 2, para.1, refer specifically to children with disabilities and their special needs. It is worth noting that the Convention, which is legally binding, has been ratified by 191 countries.
Without question, the disability movement and disability issues took a big step forward in the Nineties. There was greater collaboration nationally, regionally, and internationally as organisations of persons with disabilities took on a more pro-active role and affirmative action, often in co-operation with service providers and international non-governmental organisations. This final decade of the 20th Century also witnessed the following milestones:
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the World Declaration on Education for All and its Framework for Action to meet Basic Learning Needs (March 1990)·
the World Summit for Children (September 1990)·
the Asian and Pacific Decade of Disabled Persons, 1993 – 2002 (April 1992)·
the World Conference on Human Rights (June 1993)·
the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (December 1993)·
the decision of the Commission for Social Development to appoint a Special Rapporteur on Disability (February 1994)·
the Salamanca Statement and Framework for Action on Special Needs Education (June 1994)·
the World Summit for Social Development (March 1995)·
the Fourth World Conference on Women (September 1995)·
the Cape Town Declaration which resulted in the proclamation of the African Decade of Disabled Persons, 1999-2009
In addition to the above list, all of which affect persons with disabilities in one way or another, there were a number of other important meetings which have a direct bearing on their quality of life, such as the UN Conference on the Environment (June 1992), the International Conference on Population and Development (September 1994), and Habitat II (June 1996).
During the same period, Mr Leandro Despouy, who had been commissioned by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, submitted his report: Human Rights and Disabled Persons (1993). Among his recommendations was the following: After the Decade has ended, the question of human rights and disability should be kept on the agendas of the General Assembly, the Economic and Social Council, the Commission on Human Rights and the Sub-Commission as an item of constant concern and on-going attention (para 274). The Committee on Economic, Social and Cultural Rights assumed this responsibility for disability rights in 1994.
As the 20th Century drew to a close and the new Millennium dawned, further progress was made in underscoring the human rights of persons with disabilities at the following events:
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the Beijing Declaration on the Rights of People with Disabilities in the New Century. World Summit on Disability (March 2000), which focused on a call to all to collaborate closely in an inclusive and wide consultative process aimed at the development and adoption of an international convention to promote and protect the rights of people with disabilities, and enhance equal opportunities for participation in mainstream society.·
the World Education Forum – The Dakar Framework for Action. Education for All (April 2000), by the extended target year of 2015·
the United Nations Millennium Declaration (September 2000)·
the Seminar on Human Rights and Disability – "Let the World Know" (November 2000)·
the launch of the African Decade of Disabled Persons, 2000-2009. There is also a proposal to observe an Arab Decade of Disabled Persons, 2003-2012.
On December 19, 2001 the UNGA adopted Resolution 56/168 entitled: Comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, on the proposal of Mexico. Paragraph 1 provides for the establishment of an Ad Hoc Committee open to the participation of all Member States and observers of the United Nations to consider elaborating such a convention, based on the holistic approached in the work done in the field of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development.
In congratulating Mexico and its supporters for its success in obtaining the adoption of the UNGA resolution, it should be noted that the above is just the beginning of a long process, which could take several years to arrive at a strong and effective international convention. However, as the Ad Hoc Committee is due to meet by the middle of 2002, all those who wish to contribute to the initial thinking and to assist with the formulation of the terms of reference for the elaboration of the convention, are urged to contact the convenors, the State of Mexico, through the proper channels as soon as possible.
Meanwhile, much progress and important developments have been taking place, thanks to Mr Bengt Lindqvist, the Special Rapporteur on Disability of the Commission for Social Development. His main function was "Monitoring the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities."
At the Fortieth Session of the Commission for Social Development (February 12-22, 2002), Mr Lindqvist submitted a report in which he presented his views on further developing the proposals contained in his report on his second mission and on forms for complementing and developing the Standard Rules. Below are some extracts from his report, which has been adopted:
105. Based on its commitments, the United Nations must strengthen its leading role in the struggle against social exclusion and human rights abuse in the disability field. On the basis of my current mandate, I identified four areas for further analysis, which would be carried out in order to:
(a) Complement the Standard Rules;
(b) Suggest measures for further development of disability as a human rights issue;
(c) Improve cooperation within the United Nations system in the field of disability;
(d) Examine forms for future monitoring of the Standard Rules.
107. The recommendations for future action that I wish to submit are outlined below.
A. Supplement to the Standard Rules
109. To make the Standard Rules an even more effective tool for future development of policy, legislation and programmes, a complement to the Rules should be created. I recommend that the attached proposed supplement to the Standard Rules be adopted and published by the United Nations.
B. Twin-track approach in human rights
111. The process of elaborating a convention may take several years. In the meantime, it is important to use the momentum created by the Commission on Human Rights to develop the disability dimension within the existing United Nations human rights monitoring system. In this sense, a twin-track approach is recommended.
C. Improved cooperation between United Nations bodies and organizations in the field of disability1
113. Modern information and communication technologies offer new and low-cost possibilities for the types of exchange needed. The Programme on Disability of the Department of Economic and Social Affairs should organize an annual "virtual inter-agency meeting" based on accessible Internet technologies.
(1 It is important that an inter-agency mechanism is established for the exchange of information and experience among the various UN entities involved in disability issues, and that this should be in close consultation with international disability organisations and other concerned international NGOs.)
D. Continued monitoring
114. The Standard Rules should continue to play a role as an international instrument for policy development in the disability field. A precondition for this is the existence of an active monitoring mechanism to promote the further implementation of the Rules and assess the degree of progress. If a solution can be found, the best way to proceed is to appoint a new Special Rapporteur,...If this cannot be achieved within the foreseeable future, the monitoring mechanism should be integrated into the Secretariat and a senior post of technical adviser should be established. In either case, a system with a panel of experts, established in the same way as it is now, should provide advice and support to the various activities within the monitoring effort. A prerequisite for a well-functioning monitoring mechanism is to ensure is the availability of sufficient funding, regular or extrabudgetary, for the different functions of monitoring.
115. The two monitoring and evaluation processes now carried out in connection with the Programme of Action and the Standard Rules to assess progress worldwide should be merged into one periodic exercise, carried out by the Programme on Disability of the Department of Economic and Social Affairs.
116. A system with regional advisory services should be developed to supplement and support the work performed by the Special Rapporteur or the technical adviser.
With respect to A above, Supplement to the Standard Rules, his Annex, Reaching the most vulnerable, contains detailed proposals for consideration by the Commission. The topics are:
A. Fundamental Concepts
B. Adequate standard of living and poverty alleviation
C. Housing, including the issue of residential institutions
D. Health and medical care
E. Emergency situations 2
F. Access to the social environment
G. Communication issues
H. Personnel training
I. Gender
J. Children with disabilities and the family
K. Violence and abuse
L. Older persons
M. Development and psychiatric disabilities
N. Invisible disabilities
O. Suggested further initiatives in national policy and legislation
(2 This would include natural disasters and armed conflicts.)
Interested parties are also invited to provide inputs to this document.
Over the last half century, considerable progress has been made concerning disability issues, especially during the last two decades. However, the struggle is far from over! Worldwide, there are 600 million persons with disabilities, some 80% of whom live in the developing countries where poverty is a very serious problem and basic infrastructure just does not even exist in many places. Against such a backdrop, it is not surprising that persons with disabilities and their special needs have a low priority in spite of the fact that hundreds of million of them are among the poorest and most needy! Therefore, it is all the more important that their equal rights as fellow human beings are recognised at every level of human society and that their basic needs are automatically included too in all mainstream programmes. It is incumbent upon each one of us to play our part in this process.
The immediate strengthening of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the ultimate adoption of a strong Convention to promote and protect the rights and dignity of persons with disabilities are necessary to achieve the above vision.
William G. Brohier
ICEVI Past President