Action and Advocacy On The Rights of Persons With Disabilities

Human Rights.
YES!
Action and Advocacy on the
Rights of Persons with Disabilities

Janet E. Lord, Katherine N. Guernsey, Joelle M. Balfe & Valerie L. Karr
Nancy Flowers, Editor

HUMAN RIGHT EDUCATION SERIES

Topic Book 6

A Publication of the University of Minnesota Human Rights Resource Center
Developed and Coordinated by Blue Law, LLP in partnership with
Disabled Peoples International
Funded by Shafallah Center for Children with Special Needs
Copyright 2007
Human Rights Resource Center, University of Minnesota
ISBN: 0-96-75334-4-5
Human Rights. YES! may be reproduced without permission for educational purposes only.
Excerpted or adapted material from this publication must include full citation of the source. To
reproduce for any other purposes, a written request must be submitted to the Human Rights
Center, University of Minnesota.
Permission is granted for non-governmental organizations and non-proft groups to translate
into languages other than Arabic, French, and Spanish. The only conditions for other language
versions are 1) that the language of the United Nations bodies appears in its entirely, 2)
that no human rights are deleted, and 3) that the Human Rights Resource Center receive
a) notifcation of intention to translate, b) a hard copy of the translation, and c) an electronic
version of the translation and permission to make it available on its website and on
www.humanrightsyes.org.
University of Minnesota Human Rights Center
229 19
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Avenue South
Minneapolis, MN 55455
1-888-HREDUC8
humanrts@umn.edu http://www.hrusa.org
About the Human Rights Education Series
The Human Rights Education Series is published by the University of Minnesota Human
Rights Resource Center. Edited by Nancy Flowers, the series provides resources for the ever-
growing body of educators and activists working to build a culture of human rights in the United
States and throughout the world. Other publications in the series include:
Human Rights Here and Now:
Celebrating the Universal Declaration of
Human Rights
edited by Nancy Flowers
Economic and Social Justice:
A Human Rights Perspective
by David Shiman
Raising Children with Roots, Rights and
Responsibilities:
Celebrating the UN Convention on the Rights
of the Child
by Lori DuPont, Joanne Foley, and
Annette Gagliardi
Lesbian, Gay, Bisexual, & Transgender
Rights:
A Human Rights Perspective
by David M. Donahue
The Human Rights Education Handbook:
Effective Practices for Learning, Action, and
Change
by Nancy Flowers
Lifting the Spirit:
Human Rights and Freedom of Religion or
Belief
by the Tandem Project and
Human Rights Resource Center
Cover Art: Muhammad Al Malki.

Human Rights. YES!
TABLE OF CONTENTS

FOREWORD by Louise Arbour, UN High Commissioner for Human Rights iii

INTRODUCTION... viii

PART 1: UNDERSTANDING DISABILITY AS A HUMAN RIGHT.. 1

PART 2: THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
Chapter 1 Equality and Non-discrimination . 24
Chapter 2 Accessibility 36
Chapter 3 The Right to Participation in Political and Public Life .. 49
Chapter 4 Freedom of Expression and Opinion...... 60
Chapter 5 The Right to Life and Protection in Situations of Risk ..... 70
Chapter 6 Freedom from Torture and Other Forms of Abuse ...... 83
Chapter 7 Privacy, Integrity, Home, and the Family ... 96
Chapter 8 The Right to Health ..... 108
Chapter 9 The Right to Habilitation and Rehabilitation 127
Chapter 10 The Right to Work ... 138
Chapter 11 Living Independently and with Dignity in the Community . 148
Chapter 12 Access to J ustice ........ 158
Chapter 13 The Right to Education ...... 165
Chapter 14 The Right to Participation in Sport and Culture .. 176
Chapter 15 The Human Rights of Children with Disabilities ..... 191
Chapter 16 Non-discrimination and Equality for Women with Disabilities .. 206
Chapter 17 The Rights of Other Populations ...219

PART 3: ADVOCACY! TAKING ACTION FOR THE HUMAN RIGHTS OF PERSONS
WITH DISABILITIES.. 229

ANNEXES:
1. Human Rights Documents. ...... 244
Full Text Universal Declaration of Human Rights (UDHR) 244
Plain Language UDHR 249
Summary UDHR .. 252
Full Text Convention on the Rights of Persons with Disabilities ..253
Plain Language CRPD 274
Summary CRPD .. 286
List of Human Rights Instruments .290
2. Facilitating Human Rights Education..... 291
3. General Resources...299
4. Glossary .....300
5. Topic Index ........306
ABOUT THE PROJECT PARTNERS

Advocating Change Together (ACT) is a grassroots disability rights organization run by and
for people with developmental and other disabilities. ACTs mission is to help people across
disabilities see themselves as part of a larger disability rights movement and make connections
with other civil and human rights efforts.

Blue Law, LLP is a service-disabled, veteran-owned law firm specializing in international law
and international development programming. Based in Washington, DC, Blue Law's human
rights and disability practice group works with disabled peoples organizations, international
human rights institutions, and governments to advance disability inclusion in international
development programming worldwide.

Disabled Peoples' International (DPI) is the only global, grassroots, cross-disability network of
national organizations and assemblies of persons with disabilities. The goals of DPI are to
advance the human rights of persons with disabilities through full participation, equalization of
opportunity and development; promotion of the economic and social integration of persons with
disabilities; and development of and support to disabled peoples organizations (DPOs).
Established in 1981 and based in St. J ohns, Canada, DPI has a presence in more than 140
countries.

The Harvard Project on Disability (HPOD), located at Harvard Law School, is an
interdisciplinary law and policy center dedicated to improving the circumstances of persons with
disabilities, primarily through implementation of the United Nations Convention on the Rights of
Person with Disabilities. HPOD advises governments and national human rights institutions
regarding domestic disability laws and policies, provides capacity building and human rights
training to international and local disabled persons and their representative organizations, and
conducts academic research. HPOD acknowledges support from a grant by the Foundation
Open Society Institute (Zug).

The University of Minnesota Human Rights Resource Center, an integral part of the
University of Minnesota Human Rights Center, works to create and distribute human rights
education via electronic and print media; to train
activists, professionals, and students as human rights educators; and to build advocacy
networks to encourage effective practices in human rights education.

ABOUT THE PROJECT FUNDER

The Shafallah Center for Children with Special Needs, located in Doha, Qatar, is a Center of
Excellence designed to provide comprehensive services to children with developmental
disabilities, their families and the community. Established as an initiative of the Chairperson of
the Supreme Council of Family Affairs, Her Highness Sheikha Mozah Bint Nasser Bin Abdullah
Al-Missned, the Shafallah Center reflects her belief in the vitality and importance of the familys
and the child's role in society. The Center provides state-of-the-art services, educational
facilities, and a dedicated staff to enable students to learn, grow, and integrate successfully into
their community. The Shafallah Centers dedication to the human rights of all persons with
disabilities is clearly demonstrated by its very generous support of all stages of the development
of Human Rights. YES! educational materials

FOREWORD BY THE HIGH COMMISSIONER FOR HUMAN RIGHTS
On current estimates, one in ten people lives with a disability. Of these, a high proportion
live in poverty, on the margins of society, and their rights are all too often breached. In many
cases, people are simply unaware that they have rights and unaware of the opportunities that
exist to combat inequality and bring about positive change. The adoption of the Convention
on the Rights of Persons with Disabilities and its Optional Protocol has provided us with the
means to shift disabling attitudes and environments in society and empower persons with
disabilities to realize their rights. Now is the time to bring this new Convention home, to
people, and I believe that Human Rights. YES! offers a much-needed tool to achieve this.
The curriculum is an accessible and easy-to-use training manual and provides a major
resource for human rights advocates and practitioners to strengthen advocacy and human
rights education. The division of the training material into three chapters elaborating
upon the human rights context of disability, a right-by-right explanation of the Convention
and plans for future advocacy and action comprehensively covers the human rights of
persons, focusing in particular on the new Convention but drawing also from the body of
law and experience of the broader human rights system. Importantly, each unit encourages
participants in the course to make commitments to promote respect for the rights of persons
with disabilities beyond the classroom. The chapter format offers practitioners the option of
providing a full training package over an extended period, or shorter training sessions on
specifc human rights issues.
Human rights education through curricula such as Human Rights. YES! is an essential step
in empowering people and communities. For persons with disabilities and their representative
organizations, learning about human rights can help combat discrimination when it occurs and
strengthen advocacy efforts to avoid it in the future. Signifcantly, through informed advocacy,
we can help build the capacity and will of governments to undertake the law and policy reform
needed to bring about change on the ground. For the broader community, the curriculum
raises awareness of human rights and the ways that persons with disabilities can and do
contribute to society an important step in building more inclusive societies.
Human Rights. YES! is an indispensable addition to the human rights education tool-kit and
I take pleasure in being associated with it. I congratulate the authors and sponsors for this
initiative and I hope that it is widely used.
Louise Arbour
United Nations High Commissioner for Human Rights
iii
ABOUT THE EDITOR

Nancy Flowers is a writer, editor, and human rights activist. She has worked to develop
Amnesty International USA's education program and was a co-founder of Human Rights USA.
Recent publications include Compasito, a Manual for Childrens Human Rights Education
(Council of Europe, 2007) and Local Action/Global Change: Learning about the Human Rights
of Women and Girls, (Paradigm Press, 2007). She has served as consultant to governments,
NGOs, and UN agencies and edits the University of Minnesota Human Rights Resource
Centers Human Rights Education Series.

ABOUT THE AUTHORS

Joelle Balfe is an independent consultant with an extensive practice area that includes
disability issues, international public health, and human rights law and policy. She has
developed human rights education curricula and materials for a range of non-governmental
organizations and spearheaded national and international advocacy campaign initiatives. Ms.
Balfe provided core analytical and advocacy support to both governments and civil society
participants in the development of the UN Convention on the Rights of Persons with Disabilities.
Her diverse consulting practice provides analytical, communications, advocacy, and writing
services to individuals, organizations, and institutions in the public and private sectors.

Katherine Guernsey is an attorney with a practice focusing on public international law, human
rights, disability, and international development. Her clients include the World Bank Group and
Disabled Peoples International. She is also an adjunct professor at the American University
School of International Service, where she teaches human rights. Ms. Guernsey served as
legal counsel to a variety of disabled peoples organizations and governmental delegations
throughout the drafting of the UN Convention on the Rights of Persons with Disabilities, and
continues to work on issues related to ratification and implementation of the Convention. She
has designed and implemented human rights education and awareness-raising initiatives for
people with disabilities in Central and South America, Africa, Europe, Asia and the Middle East.

Valerie Karr is an expert in the field of child education with a strong clinical background in
special education and extensive experience in international education programming, including
consultancies for UNESCOs inclusive education sector. Currently a Ph.D. candidate at
Teachers College, Columbia University, Ms. Karr is a specialist in qualitative and quantitative
program analysis, including assessment and evaluation and the development of measurement
tools and strategies.

Janet Lord is a Partner in the international law and development firm Blue Law LLP and an
Adjunct Professor of Law at the University of Maryland School of Law. A human rights educator
with more than ten years of experience, Ms. Lord has designed and delivered human rights
education programs in all regions of the world, most recently in Yemen, Egypt, and Liberia.
She participated in all sessions of the negotiation of the UN Convention on the Rights of
Persons with Disabilities, drafting proposed treaty text and advising civil society and
governments alike on complex legal and technical matters. A leading expert on international
human rights law and disability, Ms. Lord has implemented human rights programming for a
number of national and international organizations, including the UN Office of the High
Commission for Human Rights, UNDP, UN DESA, the US National Council on Disability,
Disabled Peoples International, and IFES.
ACKNOWLEDGEMENTS
The inspiration for Human Rights. YES! is inseparable from that which led to the drafting and
adoption of the UN Convention on the Rights of Persons with Disabilities. The calls for the
initiation of a convention-drafting process and the development of human rights education
materials specifcally addressing the rights of people with disabilities both arose from a 1999
UN-sponsored conference in Hong Kong. This impetus stimulated human rights education
workshops in many countries while the convention text itself provided the coherent structure
around which we could develop the kind of comprehensive educational resource frst
envisioned in Hong Kong.
The Shafallah Center for Children with Special Needs in Doha, Qatar, generously provided the
fnancial support that made our vision for this project a reality. We acknowledge the Chairman
of Shafallah, Hassan Ali Bin Ali, for his outstanding leadership and sincere commitment to
human rights education on the rights of people with disabilities, which has made possible the
development of this project and its broad dissemination in four languages in print, CD-ROM,
and web-based formats. This project was formally launched at the Second Annual Shafallah
Forum in Doha, Qatar in 2007. We likewise gratefully acknowledge Tom Coyne and Dominic
Coyne, who provided essential coordination and all manner of support throughout the various
phases of the project. The original cover art painting was generously provided by 14-year-old
Qatari artist Muhammad Al Malki.
The authors and editor acknowledge the support of the project partners without whom this
resource would never have materialized:
Advocating Change Together (ACT) provided invaluable resources from their human rights
education materials and assisted in the development of plain language versions of the UN
Convention on the Rights of Persons with Disabilities. Particular thanks are due to Mary Kay
Kennedy and Bret Hesla at ACT.
At BlueLaw LLP, Jeff Walker was unwavering in his support and enthusiasm, and his
colleagues likewise provided encouragement at every stage along the way, particularly,
Tracie Anton, Justyn Baxley, Walt Burns, Seth Cowell, Howard Fenton, Sudhir Mahara, Joe
May, and Dave Pronchick.
Disabled Peoples International supported the development of this resource throughout
the UN Disability Convention negotiations. Former DPI Chair, Venus Ilagan, was one of the
original advocates for human rights education to support the work of disability advocates at
the 1999 Hong Kong meeting and a key participant in the frst feld testings of the resource.
Her own work in her home country of the Philippines and around the world represents human
rights education and advocacy at its very best. Mary Ennis, Executive Director of DPI, ably
and enthusiastically oversaw the development of the manual and supported numerous
opportunities for the feld testing of various parts of the manual, including at the United
Nations in New York, a regional meeting in Lima, Peru, and most recently at the DPI World
Assembly in Seoul, Korea in September 2007. We further thank each and every participant
in these sessions for their insights and constructive feedback. Steve Estey, DPI Human
Rights Offcer, has likewise supported this endeavor from its inception. We are grateful for
the support of incoming Chair of DPI, Wilfredo Guzman and for his energetic disability rights
advocacy in the Latin American and Caribbean Region and thank as well all present and
former DPI World Council Executive Board members. Specifc thanks with regard to feld
v
testing at the DPI World Assembly in Seoul are due to Dr. Christan Park, Dr. Ick-Lee, and
Mr. Joseph Juhn, as well as the many participants who attended the workshop sessions and
provided invaluable feedback.
The Harvard Project on Disability served as a collaborator and project partner, providing
intensive manuscript review, expertise in the design of feld testing workshops and materials,
coordination and facilitation for feld testing and overall responsiveness, and guidance in
every respect. Our appreciation and heartfelt thanks are acknowledged in particular to
Michael Stein, Executive Director of the Harvard Project on Disability; William Alford, Vice
Dean, Harvard Law School; and Penelope Stein, Center for East Asian Legal Studies,
Harvard Law School.
The University of Minnesota Human Rights Center has been a truly remarkable project
partner. Kristi Rudelius-Palmers support for the project never faltered, notwithstanding
our several false starts and seemingly endless periods of silence as the treaty negotiation
proceeded, chipping away at the time needed to start writing. She always stood ready to re-
engage at a moments notice and generously contributed her time and extensive expertise
in human rights education to advance our work. Rima Reda worked patiently with the team
on the professional design and printing details and is responsible for the outstanding cover
design. Patrick Finnegan and John Colombo provided tireless assistance in the fnal editing
and citation review.
We gratefully acknowledge the thoughtful review and important insights provided by Simon
Walker, Offce of the High Commissioner for Human Rights. Thanks are also due to Akiko
Ito and Thomas Schindlmayer in the UN Department of Economic and Social Affairs for their
support for this project.
We acknowledge Julie Mertus, American University, whose book Local Action/Global Change:
Learning about the Human Rights of Women and Girls served as an important guide for our
own work. Her enthusiasm and expertise contributed greatly to the realization of this book.
Tazreena Sajjad of American University also provided outstanding written contributions as well
as research assistance during the Baltimore writing retreat in 2007.
A cohort of friends and colleagues supported us in numerous ways, sharing their experiences,
expertise, and materials on human rights education as well as friendship ad creature comforts:
Theodore Andersson; Marca Bristo, Access Living; the team at Brown Lloyd James in New
York; Philip French, People with Disabilities Australia; Joan Durocher, National Council on
Disability; Luis Gallegos, Ecuadorian Ambassador to the United States; Nora Groce, Yale
School of Public Health; Diane Hoffman, University of Maryland School of Law; Paul Stephen
Miller, University of Washington School of Law; Carole OLeary and Betty Sitka, Center for
Global Peace, American University; Gerard Quinn, University of Galway Faculty of Law;
Winston von Licktenstein, New York City; John West, Washington, DC; and our parents: Bruce
and Donna Balfe, Tim and Pat Guernsey William and Kathie Karr and Peggy Lord.
We gratefully acknowledge the members of the Human Rights. YES! Review Board who took
time out of their intense schedules to review draft chapters and provide thoughtful feedback
based on their wealth of expertise and experience in human rights and disability. Professor
Michael Stein of the Harvard Disability Project served as the Principal Reviewer, providing
comments on the manuscript in its entirety and working individually with each author as we
made revisions to the text. We alone, of course, take responsibility for the fnal text and any
errors that appear therein.
vi
Human Rights. YES! Review Board
Michael Stein, Principal Reviewer, Harvard Project on Disability
Anne Hayes, IWID Fellow at USAID
Theresia Degener, University of Bochum
Joan Durocher, US National Council on Disability
Alison Hillman, Mental Disability Rights International
Robyn Hunt, New Zealand Human Rights Commission
Rosemary Kayess, University of New South Wales
Charlotte McClain-Nhlapo, World Bank Group
Jerry Mindes, American Institutes for Research
Pat Morrissey, Agency on Developmental Disabilities, US Department of Health
and Human Services
Stephanie Ortoleva, Bureau of Democracy, Human Rights, & Labor, US
Department of State
Eric Rosenthal, Mental Disability Rights International
Elise Roy, Independent Human Rights Law Consultant
Marsha Saxton, World Institute on Disability
Eli Wolff, Center for the Study of Sport & Society, Northeastern University
To everyone and every organization acknowledged, we thank you and the work
that you do in support of international disability rights advocacy and education
around the globe.
Janet Lord, Katherine Guernsey, Joelle Balfe, Valerie Karr, and Nancy Flowers
Baltimore, Maryland
2007
vii
Introduction to Human Rights. YES!
The Purpose of Human Rights. YES!
The adoption of the UN Convention on the Rights of Persons with Disabilities by the UN
General Assembly in 2006 presents both a challenge and an opportunity for the international
disability rights movement. The human rights of persons with disabilities are now set forth in a
legally binding treaty and provide a common language for engaged advocacy on a wide range
of issues of importance to persons with disabilities. The challenge is to undertake broad-based
education around the CRPD to ensure that persons with disabilities worldwide know and claim
their rights to live self-determined lives in their communities with dignity.
Using Human Rights. YES!
This manual is intended to help all those who care about the human rights of persons with
disabilities to become effective educators and advocates on human rights and disability, able to
share both their passion and their knowledge. Human Rights. YES! draws on the experience
of many educators and organizations, illustrating effective advocacy practices and distilling
their accumulated insights in the development of participatory exercises.
Like most human rights education manuals, Human Rights. YES! is designed to be used
as both a reference and tool: easy to read, easy to use, easy to photocopy, easy to relate
to peoples real lives. Each part and chapter stands alone and may be read and used
independently depending on the needs of the reader. Throughout the manual, technical terms
are printed in boldface type and defned in the Glossary.
Human Rights. YES! is unique in that it is written and designed for use by people with
disabilities. However, adaptation for specifc learners is recommended throughout the text.
Facilitators should be sensitive to the needs of any particular audience and adapt the physical
environment, activities, and all means of communication to make everyones full participation
possible. For more information on facilitation, see Annex 2, Facilitating Human Rights
Education, p. 291.
Part 1, Understanding Disability as a Human Right, sets out some basic principles for
thinking about human rights and disability. It provides a review of who is responsible for
human rights and introduces the UN Convention on the Rights of Persons with Disabilities. It
also summarizes common attitudes and perceptions about disability that may stand in the way
of realizing human rights, and explores the way in which disability issues have been defned
and researched. It concludes by setting forth a rights-based approach to disability and making
the links between disability, human rights, and effective advocacy.
Part 2, The Convention on the Rights of Persons with Disabilities, provides a comprehensive
overview of the human rights set forth in the CRPD in seventeen chapters. Each chapter
considers a set of human rights contained in the CRPD, providing an accessible explanation
of each right, and incorporating participatory exercises to help people consolidate their
understanding, articulate the issues in their own words and contexts, and think constructively
about how to take action. Illustrative examples of advocacy strategies, helpful facts, and
other topical information are also provided. Each chapter concludes with a short list of useful
additional resources on the topics covered.
viii
Chapter 1 Equality and Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Chapter 2 Accessibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Chapter 3 The Right to Participation in Political and Public Life . . . . . . . . . . . 49
Chapter 4 Freedom of Expression and Opinion . . . . . . . . . . . . . . . . . . . . . . . 60
Chapter 5 The Right to Life and Protection in Situations of Risk . . . . . . . . . . . 70
Chapter 6 Freedom from Torture and Other Forms of Abuse . . . . . . . . . . . . . 83
Chapter 7 Privacy, Integrity, Home, and the Family . . . . . . . . . . . . . . . . . . . . . 96
Chapter 8 The Right to Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Chapter 9 The Right to Habitation and Rehabilitation . . . . . . . . . . . . . . . . . . 127
Chapter 10 The Right to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Chapter 11 Living Independently and with Dignity in the Community . . . . . . . 148
Chapter 12 Access to Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Chapter 13 The Right to Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Chapter 14 The Right to Participation in Sport and Culture . . . . . . . . . . . . . . . 176
Chapter 15 The Human Rights of Children with Disabilities . . . . . . . . . . . . . . 191
Chapter 16 Non-discrimination and Equality for Women with Disabilities . . . . 206
Chapter 17 The Rights of Other Populations . . . . . . . . . . . . . . . . . . . . . . . . . . 219
Part 3, Advocacy! Taking Action for the Human Rights of People with Disabilities, explains
the essentials of effective human rights advocacy: awareness of rights; awareness of self;
and action. Examples of advocacy actions are provided, along with exercises for adopting an
advocacy action plan and an advocacy action plan template. Finally, Part 3 takes the reader
through six steps of advocacy:
Step 1: Defning the change you want to make
Step 2: Articulating the change you want to make
Step 3: Preparing for action
Step 4: Making your action plan
Step 5: Taking action
Step 6: Following-up.
The Annexes contain a variety of useful resources:
Annex 1, Human Rights Documents: Full text, plain-language text, and summary
of the Universal Declaration of Human Rights and the Convention on the Rights
of Persons with Disabilities and a list of major human rights instruments and their
Internet addresses
Annex 2, Facilitating Human Rights Education: Tips on interactive learning
and accommodating learning for participants with disabilities, as well as model
workshops
Annex 3, Resources: A list of signifcant printed, electronic, and other materials
Annex 4, Glossary: Defnitions of human rights terms used in the text
Annex 5, Topic Index: A list of principle subjects covered in the book
ix
1
PART 1: UNDERSTANDING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES
PART 1:
UNDERSTANDING THE HUMAN RIGHTS
OF PERSONS WITH DISABILITIES
PART 1 CONTENTS:
Introduction to the Human Rights of Persons with Disabilities . . . . . . . . . . 2
Getting Started: Thinking about Human Rights . . . . . . . . . . . . . . . . . . . . . . 4
Who is Responsible for Human Rights? . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
UN Convention on the Rights of Persons with Disabilities . . . . . . . . . . . . 10
Regional Disability Rights Conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Key Non-binding Instruments on Disability . . . . . . . . . . . . . . . . . . . . . . . . 13
Defning and Researching Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Attitudes and Perceptions Regarding Disability . . . . . . . . . . . . . . . . . . . . . 17
The Human Rights Approach to Disability . . . . . . . . . . . . . . . . . . . . . . . . . 19
Human Rights Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
2
HUMAN RIGHTS. YES! ACTION AND ADVOCACY ON THE RIGHTS OF PERSONS WITH DISABILITIES
PART I:
UNDERSTANDING THE HUMAN RIGHTS
OBJECTIVES
The background information and exercises contained in this chapter will prepare participants to
use this manual effectively by developing a fundamental understanding of:
Basic human rights concepts
The international human rights framework, in particular, the Convention on the Rights of
Persons with Disabilities (CRPD) and other key disability-specifc documents
The challenges and barriers people with disabilities commonly face in claiming their
human rights
How to express issues and frame advocacy strategies in human rights terms.
INTRODUCTION TO THE HUMAN RIGHTS OF PERSONS
WITH DISABILITIES
People with disabilities have the same rights as all other people. However, for a number of
reasons they often face social, legal, and practical barriers in claiming their human rights on
an equal basis with others. These reasons commonly stem from misperceptions and negative
attitudes toward disability.
EXERCISE 1: The Impact of Myths and Stereotypes about Persons
with Disabilities
Objective: To share lived experiences with discrimination based on myths and stereotypes
and begin thinking about their impact on human rights
Time: 45 minutes
Materials: Optional: Copies of Common Myths and Stereotypes about People with Disabilities
1. Introduce:
Explain that discrimination is often based on mistaken ideas and stereotypes that one group
holds about another. This exercise will examine the impact of these myths and stereotypes on
the lives of people with disabilities.

2. Brainstorm/Analyze:
Divide participants into small discussion groups and ask them to develop a list of myths and
stereotypes about people with disabilities. Ask each group to discuss these questions:
What are some underlying reasons for these views (e.g., fears, cultural and religious
attitudes, ignorance)?
How do these views affect the way people with disabilities are regarded and/or treated by
their families? By their communities? In public policy and law?
3
3. Report/Discuss:
Ask a spokesperson from each group to summarize their conclusions and discuss their fndings.
What seem to be the principal underlying reasons for these myths and stereotypes?
What seem to be the most serious effects of these myths and stereotypes on persons
with disabilities? On society?
Discuss these or similar questions:
Which of these views are most prevalent in your community?
How do these views result in discrimination and prevent people with disabilities from
enjoying their human rights?
How can these views be confronted?
Why is it important to challenge such myths about people with disabilities?
Variation: Conclude the exercise by distributing the handout Myths and Stereotypes about
People with Disabilities. Compare this list with that generated by participants and ask questions
like these:
Were your lists similar to this one?
Were there ideas on this list you did not include? Did this list omit ideas you included on
your lists?
How do you explain any differences between your list and this one?
Do you disagree with any of the statements on this list?
Did this list make you aware of new points of view?
Myths and Stereotypes about People with Disabilities
People with disabilities
cannot be self-suffcient/are excessively dependent;
are to be pitied
are helpless
are cursed/disability is a punishment for evil
are bitter because of their fate
resent the non-disabled world
have lives not worth living
are better off at home
cannot work
cannot have a family/cannot be good parents
are asexual
need to be cured and helped by medical professionals
need special, separate educational programs
cannot be involved in cultural/recreational activities
are unable to learn
(People with intellectual disabilities) are naive, like children,
and cannot make any decisions for themselves
(People with psycho-social disabilities) are dangerous/a threat/violent
must use alternative ways of communicating because they are stupid.
4
GETTING STARTED: THINKING ABOUT HUMAN RIGHTS

To provide a foundation for examining the human rights of people with disabilities, this chapter
begins by examining fundamental human rights principles and the general human rights
framework. It then looks at human rights in the context of disability.
What are Human Rights?
Human rights are based on human needs. They assert that every person is equally entitled not
only to life, but to a life of dignity. Human rights also recognize that certain basic conditions and
resources are necessary to live a dignifed life.
Human rights have essential qualities that make them different from other
ideas or principles. Human Rights are:
Universal: human rights apply to every person in the world, regardless of their race, color,
sex, ethnic or social origin, religion, language, nationality, age, sexual orientation, disability,
or other status. They apply equally and without discrimination to each and every person. The
only requirement for having human rights is to be human.
Inherent: human rights are a natural part of who you are. The text of Article 1 of the Universal
Declaration of Human Rights (UDHR) begins All human beings are born free and equal in
dignity and rights.
Inalienable: human rights automatically belong to each human being. They do not need to
be given to people by their government or any other authority, nor can they be taken away.
Nobody can tell you that you do not have these rights. Even if your rights are violated or you
are prevented from claiming your human rights, you are still entitled to these rights.
Human rights relate to one another in important ways. They are:
Indivisible: human rights cannot be separated from each other;
Interdependent: human rights cannot be fully realized without each other;
Interrelated: human rights affect each other.
In simple terms, human rights all work together and we need them all. For example, a persons
ability to exercise the right to vote can be affected by the rights to education, freedom of opinion
and information, or even an adequate standard of living. A government cannot pick and choose
which rights it will uphold for the people who live in that country. Each right is necessary and
affects the others.
Human Rights Instruments
Human rights are outlined in a variety of international human rights documents, (sometimes
called instruments) some of which are legally binding and others that provide important
guidelines but are not considered international law. This section looks at the overall human
rights framework.
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1. The Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations in
1948. Many other documents have since been developed to provide more specifc details about
human rights; however, they are all based on the fundamental human rights principles laid out
in the UDHR. The full text of the UDHR can be found in Annex 1, p. 244. Below is the offcial
abbreviated version of the UDHR, which lists the key concept of each article in the Declaration.
The Universal Declaration of Human Rights (UDHR)
(Offcial Abbreviated Version)
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, and Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home, and
Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights
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EXERCISE 2: The Interdependence of Rights
Objective: To examine the fundamental human rights contained in the UDHR and raise
awareness of how these rights relate to each other
Time: 45 minutes
Materials: Chart paper and markers or blackboard and chalk
Copies of Effects Cascade for each small group
Copies of the simplifed version of the UDHR
1. Explain/Illustrate:
Introduce the activity by observing that human rights are based on human needs and
that everyone is entitled to and needs all their human rights. Explain that this activity helps to
illustrate how rights are indivisible, interdependent, and interrelated and the far-reaching effects
when just one right is denied.
Demonstrate how the Effects Cascade works:
1. Write a human right from the UDHR in the center of the big circle at the top of the
cascade (e.g., right to education).
2. Ask, If this right is denied, what are three possible effects? Write any three effects
mentioned in circles that extend with arrows from the central circle.
3. Then take each of the three mentioned effects (e.g., inability to get a good job) and ask
What human rights would be denied by this effect (e.g., right to an adequate standard of
living). Write each right in a circle that extends with arrows from the effect.
Alternative: Ask each group to write the number of the UDHR article for each right mentioned
in the cascade (e.g., Inability to get a good job: Article 25, Right to Adequate Living Standard;
Article 23, Right to Desirable Work).
2. Complete:
Divide participants into small groups of 2-4 and give each a copy of the Effects Cascade. Ask
each group to write a human right in the center of their chart. Encourage groups to choose
a variety of different rights. Ask them to consider what effects result when a person with
disabilities or anyone is denied this right.
Note to Facilitator: Participants may think of more than three effects, but encourage them to
choose the three most far-reaching effects.
3. Discuss:
Ask a spokesperson from each group to present its chart. Discuss the results.
Are you surprised by some of the effects when one right is denied?
What happens when more than one right is denied?
What results are most negative for people with disabilities?
What does this activity suggest to you about the interdependence of rights (e.g., the
importance of enjoying all human rights)?
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SAMPLE EFFECTS CASCADE
2. International Human Rights Conventions
A convention (also known as a treaty) is a written agreement between States. It is typically
drafted by a working group appointed by the UN General Assembly. Once the convention is
drafted, it goes to the UN General Assembly for adoption. The next step is for countries to sign
and ratify it. By signing a convention, a country is making a commitment to follow the principles
in the convention and to begin the ratifcation process, but the convention is not legally binding
on a country until it is ratifed. Ratifcation is a process that takes place in each country, whereby
the legislative body of the government takes the necessary steps to offcially accept the
convention as part of its national legal structure. Once a country signs and ratifes a convention,
it becomes a State Party to that convention, meaning it has a legal obligation to uphold the
rights the convention defnes. Each convention must be ratifed by a particular number of
countries before it enters into force and becomes part of international law.
In the last sixty years, several human rights conventions have been developed that elaborate
on the human rights contained in the UDHR. Nine of these instruments are considered core
human rights conventions: they cover a major human rights issue and have a treaty-monitoring
body that assesses and enforces how a State meets it obligations to that treaty.
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Two of these conventions are called covenants and address broad human rights issues:
The International Covenant on Civil and Political Rights (ICCPR, adopted 1966,
entered into force 1976)
1
.
The International Covenant on Economic, Social and Cultural Rights (ICESCR,
adopted 1966, entered into force 1976)
2
.
The two Covenants and the UDHR combine to create a trio of documents known as the
International Bill of Rights.
An additional seven UN human rights conventions address either thematic issues or particular
populations.
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THE HUMAN RIGHTS FRAMEWORK
INSTRUMENT ENTERED
INTO FORCE
Universal Declaration of Human Rights (UDHR) Not Applicable
International Covenant on Civil and Political Rights (ICCPR) 1976
International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1976
Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1965
Convention on the Elimination of all forms of Discrimination 1979
Against Women (CEDAW)
Convention Against Torture and Other Cruel, Inhuman or Degrading 1984
Treatment or Punishment (CAT)
Convention on the Rights of the Child (CRC) 1989
Convention on Protection of the Rights of All Migrant Workers 1990
and Members of their Families
International Convention for the Protection of All Persons from *
Enforced Disappearance
Convention on the Rights of Persons with Disabilities (CRPD) *
*Not yet entered into force as of September 2007
These nine core human rights conventions form an interdependent human rights framework.
It is useful to be familiar with them and to know which of these Conventions your country has
ratifed and is therefore legally obligated to enforce and implement.
1 See http://www.ohchr.org/english/law/ccpr.htm
2 See http://www.unhchr.ch/html/menu3/b/a_cescr.htm
3 See Annex 1, page 290 for internet addresses for these documents.
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3. Regional Human Rights Conventions
In addition to the UN human rights framework, which applies globally, some regional institutions
have developed human rights instruments specifcally for the countries in their region. These
include
The African Charter on Human and Peoples Rights, developed by the Organization
of African Unity, 1986
4
The European Convention for the Protection of Human Rights and Fundamental
Freedoms, developed by the Council of Europe, 1953
5
The Inter-American Convention on Human Rights, developed by the Inter-American
Commission on Human Rights, 1978.
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WHO IS RESPONSIBLE FOR HUMAN RIGHTS?
Governments:
Governments are the primary actors responsible for ensuring peoples human rights.
Governments must ensure that political and legal systems are structured to uphold human
rights through laws, policies, and programs, and that they operate effectively. In some cases,
international conventions and treaties are the main source of a States legal obligations with
respect to human rights. However, in many countries, national constitutions, bills of rights, and
legal frameworks have been developed or amended specifcally to refect universal human
rights principles and standards in international law, providing a double layer of protection and
reinforcement of these principles on the national level.
Governments have a legal obligation to respect, protect, and fulfll human rights.
Respecting, Protecting, and Fulflling Human Rights
Respect: The obligation to respect human rights means that States must not interfere
with the exercise and enjoyment of the rights of people with disabilities. They must
refrain from any action that violates human rights. They must also eliminate laws,
policies, and practices that are contrary to human rights.
Protect: The obligation to protect human rights means that the State is required
to protect everyone, including people with disabilities, against abuses by non-State
actors, such as individuals, businesses, institutions, or other private organizations.
Fulfll: The obligation to fulfll human rights means that States must take positive
action to ensure that everyone, including people with disabilities can exercise their
human rights. They must adopt laws and policies that promote human rights. They
must develop programs and take other measures to implement these rights. They
must allocate the necessary resources to enforce laws and fund programmatic
efforts.
4 See http://www1.umn.edu/humanrts/instree/z1afchar.htm
5 See http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm
6 See http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm
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Although only governments have the offcial legal responsibility for respecting, protecting, and
fulflling human rights under international human rights law, human rights are not their exclusive
responsibilities. Human rights are far more than legal requirements. They represent a moral
code of conduct designed to promote understanding, equality, tolerance, fairness, and many
other features essential to just and peaceful societies. Regardless of what behaviors may or
may not be legally enforceable, a variety of actors, including individuals, groups, and institutions
within society, also play important roles in the promotion and implementation of human rights.
Individuals:
Each person must know and understand their human rights in order to be able to claim them,
defend them, and hold themselves, other people, their governments, and societies accountable
for the actions that affect them. Because human rights are common to all people, even an effort
by a single individual to assert his or her human rights represents an important initiative on
behalf of every person. Likewise, actions of an individual that violate somebody elses human
rights represent a threat to everyones human rights.
Groups:
Social and cultural behavior has a profound effect on the ability of people to enjoy their human
rights. The collective actions of groups from families to entire societies play a role in
human rights. For instance, if parents decide that only male children will be allowed to go to
school, they are effectively preventing their female children from claiming their human right
to an education. If broad cultural values result in persons from racial minorities experiencing
discrimination when they seek housing or public services, society itself is contributing to the
violation of the human right to an adequate standard of living. On the positive side, groups that
speak out against human rights violations and work to change harmful attitudes, policies or laws
can be very effective advocates for human rights.
The Private Sector:
Members of society interact with the private sector every day, especially in countries with free-
market economies. Private sector actors include people and entities of every kind: employers,
providers of goods and services, entertainers, and builders of houses, banks and even
government buildings. People depend on the private sector for many things. While private
sector actors are often required to adhere to certain laws and standards that uphold human
rights, it is impossible for governments to oversee every aspect of how the private sector
operates. Businesses, organizations, and other private sector players must make their own
commitment to ensuring that their practices do not violate peoples human rights but, in fact,
support and promote them.
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
Persons with disabilities have long fought to have their human rights formally recognized in
human rights law. In 2006 the United Nations General Assembly adopted the Convention
on the Rights of Persons with Disabilities (CRPD), the frst convention that specifcally
addresses the human rights of people with disabilities. The CRPD is the frst global convention
addressing disability.
From the frst meeting to draft the CRPD, members of the global disability rights movement
insisted that people with disabilities be included in deciding what the convention should say.
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The disability community was able to exercise a greater level of participation and infuence in
the drafting of the CRPD than any other specifc group has ever been able to achieve in a UN
human rights treaty process. As a result, the CRPD covers the full spectrum of human rights of
persons with disabilities and takes much stronger positions than it would have if governments
alone had drafted it. In addition, disability organizations, individuals with disabilities,
governments, and the United Nations forged important relationships during this drafting
process.
Now that the human rights of persons with disabilities have been recognized in international
law through the CRPD, the next step is for persons with disabilities in all countries to continue
to advocate and work with their governments to ensure that the Convention is ratifed and
implemented. Every person who advocates for their rights under the CRPD becomes an
important member of the global disability rights movement!
General Principles in the CRPD
One important feature of the CRPD is the inclusion of an article that sets forth general
principles. The drafters of the CRPD wanted the Convention to recognize a core set of
concepts that underlie disability rights issues and are of particular importance in the disability
context. They believed that it was crucial to identify these explicitly at the beginning of the text
to ensure that all of the rights expressed in the Convention are interpreted through the lens of
these particular principles.
CRPD Article 3: General Principles
The principles of the present Convention shall be:
a. Respect for inherent dignity, individual autonomy including the freedom to
make ones own choices, and independence of persons;
b. Non-discrimination;
c. Full and effective participation and inclusion in society;
d. Respect for difference and acceptance of persons with disabilities as part
of human diversity and humanity;
e. Equality of opportunity;
f. Accessibility;
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.
Nearly all human rights conventions begin by recognizing respect for the human dignity and the
inherent equality of all persons as the basis for human rights and fundamental freedoms. The
CRPD General Principles include a number of other concepts that are particularly important
to persons with disabilities, such as, non-discrimination, equality of opportunity, and respect
for difference. Notably, the CRPD General Principles also stress the concepts of autonomy,
independence, participation, and inclusion in society as essential to ensuring that the rights
of persons with disabilities are respected, protected, and fulflled. Although these concepts
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are certainly implicit in the substance of other core human rights conventions (e.g., in relation
to subjects such as freedom, self-determination and non-discrimination), none of the other
conventions addresses autonomy, independence, or inclusion directly, or even uses those
terms in their texts. By including these terms and defning them as general principles, the
CRPD makes a bold statement regarding their importance to the human rights of persons with
disabilities.
General Obligations in the CRPD
Following the Article 3 on General Principles, Article 4 on General Obligations clearly defnes the
specifc actions governments must take to ensure that the rights of persons with disabilities are
respected, protected, and fulflled. Many of the general obligations in the CRPD are common to
other human rights conventions. However, the general obligations of States with respect to the
rights of persons with disabilities include certain unique requirements that are not mentioned
in other human rights instruments. These include such things as promoting universal design
for goods and services and undertaking research on accessible technologies and assistive
technologies. It is crucial to understand these principles as foundational, overarching obligations
that are applicable to every other subject within the CRPD.
One objective of this comprehensive Article 4 on General Obligations is to counteract the
historic failure of States to truly understand their obligations to persons with disabilities as
fundamental human rights obligations. States have tended to view these responsibilities as
representing exceptional treatment or special social measures, not as essential requirements
under human rights law. Clearly expressing them as general obligations in the Convention is an
important step toward reversing this harmful way of thinking.
Other Cross-Cutting Articles in the CRPD
All human rights are indivisible, interdependent, and interrelated, and all of the articles in
the CRPD are important and relate closely to one another. However, certain articles are
fundamentally cross-cutting and have a broad impact on all other articles. These articles,
sometimes referred to as articles of general application, are therefore placed at the beginning
of the Convention to reinforce their importance. Article 3 on General Principles and Article 4
on General Obligations, discussed above, clearly fall into this category. The other articles of
general application in the CRPD are:
Article 5: Equality and Non-Discrimination
Article 6: Women with Disabilities
Article 7: Children with Disabilities
Article 8: Awareness Raising
Article 9: Accessibility
As you become familiar with the rights included in the CRPD, you will develop a deeper
understanding of how Articles 3 through 9 continually intersect with the principles and
obligations throughout the Convention.
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Specifc Rights in the CRPD
Articles 10-30 address specifc rights, such as the right to work, the right to political participation,
and many others. A full list of the articles of the CRPD is included at the end of this chapter. In
most cases, these topical articles correspond closely to articles found in other human rights
conventions, except that they explain the particular right in the context of disability. A few
articles, however, address subjects unique to the CRPD such as:
Article 19: Living independently and being included in the community
Article 20: Personal mobility
Article 26: Habilitation and Rehabilitation
They are areas of human rights in which persons with disabilities either have specifc
requirements that may not apply in other contexts, or in which persons with disabilities have
traditionally experienced unique types of discrimination and human rights violations. While these
articles do not create any new rights, they explain rights in the level of detail required for States
to understand their responsibilities and in many cases do articulate new specifc obligations or
measures not previously included in international law.
REGIONAL DISABILITY RIGHTS CONVENTIONS
As of 2007, the only regional institution with a disability-specifc convention is the Inter-
American Commission on Human Rights, which developed the Inter-American Convention
on the Elimination of all forms of Discrimination against Persons with Disabilities in
1999. However, most regional institutions have adopted optional protocols, treaties that
modify another treaty, to existing conventions or have developed non-binding resolutions,
recommendations, and/or plans that address disability rights. In some cases, persons with
disabilities are specifcally mentioned in the general regional human rights instruments.
KEY NON-BINDING INSTRUMENTS ON DISABILITY
World Programme of Action Concerning Disabled Persons:
The UN declared 1981 as the International Year of Disabled Persons (IYDP) with the theme
of full equality and participation of persons with disabilities and a call for plans of action at
the national, regional, and international levels. One important outcome of the IYDP was the
development by the UN of the World Programme of Action Concerning Disabled Persons with
the stated purpose to promote effective measures for prevention of disability, rehabilitation
and the realization of the goals of full participation of disabled persons in social life and
development and of equality. To provide a timeframe for governments to implement the World
Programme of Action, the UN declared 1983-1992 the United Nations Decade of Disabled
Persons.
UN Standard Rules on the Equalization of Opportunity for Persons with Disabilities:
Many people believed that the World Programme of Action, although valuable, would not
achieve the results needed to ensure that the rights of disabled persons were respected.
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In 1987 the UN convened a meeting to consider drafting a convention on disability rights;
however, at that time there was not enough support to move ahead. In 1990, the UN decided
to develop another kind of instrument that would not be international law but rather a statement
of principles signifying a political and moral commitment to equalizing opportunities for disabled
people. The resulting Standard Rules on the Equalization of Opportunity for Persons
with Disabilities (Standard Rules), adopted in 1993, was the frst international instrument to
recognize that the rights of disabled persons are greatly affected by the legal, political, social,
and physical environment. Although superseded by the CRPD, the Standard Rules are still an
important advocacy tool for the disability community, and many of its principles served as a
basis for drafting that Convention.
The UN Principles for the Protection of Persons with Mental Illness and the Improvement
of Mental Health Care (The MI Principles):
These principles were developed in 1991 to establish minimum standards for practice in the
mental health feld. The MI Principles have been used as a blueprint for the development of
mental health legislation in many countries. They include some very important concepts, such
as the right to live in the community.
Many advocates in the feld of psycho-social disability believe that this instrument establishes
lower standards on some issues than is refected in other human rights law and policy. In
particular, there is concern about requirements for informed consent for treatment of people
with psycho-social disabilities. Disability advocates should look carefully at the standards in this
instrument and decide for themselves whether or not it should be used as an advocacy tool for
the rights of persons with psycho-social disabilities.
EXERCISE 3: Tree of Rights
Objective: To identify how a range of human rights applies to persons with disabilities
Time: 45 minutes
Materials: Tree trunks sketched on large posters
10 cutouts each of branches/leaves/fruits on which to write
Chart paper and markers or blackboard and chalk
Handouts: UDHR (short version)
CRPD Article 3, General Principles; Article 4, General Obligations
1. Introduce:
Emphasize that like all human beings, people with disabilities are holders of human rights.
Explain that in order to claim their human rights, people with disabilities must understand what
those rights are and what must be done to respect, protect, and fulfll them.
2. Brainstorm/Construct:
Divide participants into small groups. Provide each group with a large poster size drawing of a
tree trunk and paper cutouts of branches (10), leaves (10), and fruit (10). Explain the exercise:
Participants should select 10 principles from the UDHR, write one principle on each
branch, and attach the branches to the trunk to create a tree.
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Then on each branch attach:
n one leaf that includes how that right applies to persons with disabilities (Note: Here it
may be helpful for participants to refer to CRPD Articles 3 and 4, as the concepts in
these CRPD articles underpin all rights as they relate to persons with disabilities.)
n one piece of fruit that describes an action that can be taken by governments to
ensure that right.
Example: Branch: Right to Equality before the Law (UDHR Article 7)
Leaf: Right to make decisions about where one lives
Fruit: Laws to ensure that people with disabilities are not automatically
considered legally incompetent and are involved in legal decisions
that affect them
3. Report/Analyze:
Post each tree on the wall. Have each group read a few of their branches and the associated
leaves and fruits from its tree.
Which UDHR principles did more than one group choose?
How were the leaves and fruits different among those groups for the same UDHR
principle?
What were some of the more diffcult rights to address? Was it diffcult to decide what to
write on the leaves? Why?
Select one or two examples and look at the relevant text from the full CRPD (See Annex, p.
253) to analyze what it offers in the context of that particular right.

4. Discuss:
The rights of people with disabilities are not different from the rights of everyone else, but they
do often manifest themselves differently for people with disabilities.
How does the CRPD help articulate the rights of persons with disabilities more
specifcally than the UDHR?
How does it help guide governments in their responsibilities with respect to the human
rights of persons with disabilities?
DEFINING AND RESEARCHING DISABILITY
Disability is a complex concept, and as yet there is no defnition of disability that has achieved
international consensus. Nevertheless, each person involved in advocating for disability rights
must be able to explain to others what group of people they are talking about when they refer to
persons with disabilities. How you defne and express the concept of disability strongly impacts
the understanding, attitude, and approach of others toward the human rights of persons with
disabilities.
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EXERCISE 4: Design a National Census Survey for Your Country
Objective: To examine how defnitions of disability have a practical impact on advocacy and
other efforts
Time: 45 minutes
Materials: Paper and pens/pencils; list of sample defnitions
1. Introduce:
Explain that the purpose of a national census is to count the number of people in a country
and to understand their distribution across different demographic categories. For instance,
governments need to know the number of school-aged children in order to allocate the
necessary resources to educate them.
2. Discuss:
Discuss the following questions either in small groups or the large group:
Why is it important to know how many people with disabilities are in your country and
where they are located? How does this relate to human rights?
Is it important to identify what types of disabilities people have (e.g., mobility
impairments, sensory disabilities, psycho-social disabilities)?
3. Analyze:
What defnition of disability should be used to ensure the most accurate and inclusive
consensus? Below are some examples of defnitions or descriptions of disability used in various
international and national contexts.
What are the major differences between these defnitions?
Which ones seem to be the most useful? Inclusive? Accurate?
Which ones seem the most limited? What do they leave out?
UN Convention on the Rights of Persons with Disabilities (CRPD):
Persons with disabilities include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may
hinder their full and effective participation in society on an equal basis with others.
Americans with Disabilities Act (ADA):
An individual with a disability is a person who: (1) has a physical or mental impairment
that substantially limits one or more major life activities; or (2) has a record of such
an impairment; or (3) is regarded as having such an impairment.
Defnition from the 2002 Housing and Population Census conducted by the
Government of Uganda:
A person with a disability is defned as one who is limited in the kind of or amount
of activities that he or she can do, because of ongoing diffculty(ies) due to a long-
term physical condition or health problem that has lasted six months or more. This
includes all those diffculties that are expected to last more than six months.
4. Defne/Present/Discuss:
There are many different contexts in which it is important to clarify the meaning of disability.
As an advocate, you should be prepared to express your opinions about what disability means
in various advocacy situations. Work with a partner to develop a defnition that you yourself
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would use in talking to others about disability rights. Present your defnition to the whole
group. Discuss the advantages and disadvantages of each defnition. If possible allow time for
revisions.
5. Research:
Does your national census address the question of disability?
If so, what defnition of disability is used in your national census?
What defnition is used?
Is this the same defnition that is used in national legislation?
How can you fnd out?
What defnition would you recommend to use in the census? In national legislation?
Census Questions on Disability
The World Bank has endorsed the following six questions, developed by the
Washington Group on Disability, that a government might include in a national
census to capture general disability prevalence in a census.
Because of a physical, mental or emotional health condition
1. Do you have diffculty seeing even if wearing glasses?
2. Do you have diffculty hearing even if using hearing aid/s or are you deaf?
3. Do you have diffculty walking or climbing stairs?
4. Do you have diffculty remembering or concentrating?
5. Do you have diffculty with self-care (e.g., washing all over or dressing)?
6. Do you have diffculty communicating, understanding or being understood?
Question response categories: No, Some, A lot, and Unable
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ATTITUDES AND PERCEPTIONS REGARDING DISABILITY
Although they are entitled to every human right, persons with disabilities often face serious
discrimination based on attitudes, perceptions, misunderstandings, and lack of awareness. For
example, the misconception that people with disabilities cannot be productive members of the
workforce may lead employers to discriminate against job applicants who have disabilities, even
if they are perfectly qualifed to perform the work. Or it might mean that buildings where jobs are
located are not constructed in a way that people with mobility impairments can access them.
Such limitations can affect other population groups as well. For example, in some societies
attitudes toward women prohibit them from owning property or participating in public life.
Members of racial or ethnic minorities are often forbidden to speak their own language or
practice their religion. A person with a disability who also belongs to another group that
7 Center for Disease Control, National Center for Health Statistics, Washington Group on Disability
Statistics. 2007. http://www.cdc.gov/nchs/citygroup.htm
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experiences discrimination (e.g., a disabled woman who belongs to an ethnic minority) may face
multiple layers of discrimination and barriers to realizing human rights.
In addition to attitudes and perception coming from external sources, each individuals attitude
directly affects how he or she exercises human rights. A person who believes a disability makes
her or him somehow different in respect to human rights will claim or not claim those rights
very differently.
Destructive Attitudes and Concepts
The Medical Model of Disability:
Perhaps the most signifcant and widespread myth affecting human rights and disability is the
idea that disability is a medical problem that needs to be solved or an illness that needs to be
cured. This notion implies that a person with a disability is somehow broken or sick and
requires fxing or healing. By defning disability as the problem and medical intervention as
the solution, individuals, societies, and governments avoid the responsibility of addressing the
human rights obstacles that exist in the social and physical environment. Instead, they place the
burden on the health profession to address the problem in the person with the disability.
The Charity Model of Disability:
Another major misperception is that people with disabilities are helpless and need to be cared
for. It is much easier for people to offer pity and charity than to address the fear or discomfort
they themselves feel when it comes to people with disabilities. It is also often easier to do
something for somebody than to make sure that they have the resources to do it for themselves.
The result of both the medical and charity approach is to strip people with disabilities of the
power and responsibility for taking charge of their own lives and asserting their rights on an
equal basis with others.
Positive Attitudes and Concepts
Disability as a Natural Part of Human Diversity:
Everyone is different, whether that difference relates to color, gender, ethnicity, size, shape, or
anything else. A disability is no different. It may limit a persons mobility or their ability to hear,
see, taste, or smell. A psycho-social disability or intellectual disability, may affect the way
people think, feel, or process information. Regardless of its characteristics, disability neither
subtracts from nor adds to a persons humanity, value or rights. It is simply a feature of a
person.
Reasonable Accommodation:
A person with disabilities may require a reasonable accommodation, such as a wheelchair
or more time to accomplish a task. A reasonable accommodation is simply a resource or a
measure designed to promote full participation and access and to empower a person to act
on his or her own behalf. This approach is not the same as trying to fx the person or fx the
disability (the Medical Model) or assuming that people with disabilities are incapable of acting
for themselves (the Charity Model).
The Social Model of Disability:
This model focuses on eliminating the barriers created by the social and physical environment
19
that inhibit the ability of persons with disabilities to exercise their human rights. This includes,
for instance, promoting positive attitudes and perceptions, modifying the built environment,
providing information in accessible formats, interacting with individuals with disabilities
in appropriate ways, and making sure that laws and policies support the exercise of full
participation and non-discrimination.
THE HUMAN RIGHTS APPROACH TO DISABILITY
The social model of disability, which focuses on the responsibility of governments and society
to ensure access, inclusion, and participation, sets the stage for the emergence of the Human
Rights Approach to Disability, which focuses on the inherent human rights of persons with
disabilities. This approach:
Identifes persons with disabilities as rights holders and subjects of human rights law on
an equal basis with all people
Recognizes and respects a persons disability as an element of natural human diversity,
on the same basis as race or gender, and addresses the disability-specifc prejudices,
attitudes, and other barriers to the enjoyment of human rights
Places the responsibility on society and governments for ensuring that political, legal,
social, and physical environments support the human rights and full inclusion and
participation of people with disabilities.
The UN Offce of the High Commissioner for Human Rights (OHCHR) has summarized the
rights-based approach as follows:
A human rights approach asks what are the long term or underlying reasons why a
section of society is vulnerable, marginalized or experiences discrimination.
A human rights approach then provides strategies based in international human rights
law and standards which address these root causes of discrimination.
In particular the OHCHR stresses the following ideas:
Empowerment: A human rights approach to disability aims to empower people with
disabilities to make their own choices, advocate for themselves, and exercise control
over their lives.
Enforceability and Remedies: A human rights approach to disability means that people
with disabilities should be able to enforce their rights at the national and international
levels.
Indivisibility: A rights-based approach to disabilities must protect both the civil and
political rights as well as economic, social, and cultural rights of people with disabilities.
Participation: A human rights approach to disabilities says that people with disabilities
must be consulted and participate in the process of making decisions that affect their
lives.
8
8 Draft Guidelines: A Human Rights Approach to Poverty Reduction Strategies 10 Sept. 2002. UNHCHR
Homepage. http://www.unhchr.ch/development/povertyfnal.html
20
Barriers to exercising human rights can stem from attitudes, prejudice, a practical issue, a legal
obstacle, or a combination of factors. But a disability itself does not affect or limit a persons
entitlement to human rights in any way. Defning persons with disabilities frst and foremost as
rights holders and subjects of human rights law on an equal basis with others is an extremely
powerful approach to changing perceptions and attitudes, as well as providing a system for
ensuring the human rights of persons with disabilities.
EXERCISE 5: Language & Rights
Objective: To understand the role that language can play in supporting both positive and
negative attitudes about the role of people with disabilities in society
Time: 45 minutes
1. Introduce:
Explain that language may be used in different ways to support both negative and positive
attitudes about disability. This language may be found in the words used for people with
disabilities, the words that describe their disability, or the words used to describe their role in the
family or community. Attitudes may also be refected in the words that people avoid using.
2. Discuss:
Break into small groups. Ask each group to generate examples of language used in their society
to describe people with disabilities, their disability, or their role in family or community.
3. Report/Analyze:
Ask each group to report their fndings. List these terms on chart paper in a table as shown
below. Discuss the following questions:
How do the terms used to describe disability in your local language refect peoples
attitudes toward disability and people with disabilities?
How does this language refect the negative models of disability (e.g., the Medical Model,
the Charity Model)? How does it support and maintain these negative models?
How does this language refect positive approaches? How does it support and maintain
positive attitudes?
How does such language affect people with disabilities?
What can be done to alter negative language?
What are the advantages of the human rights approach to disability? How can it be
promoted?
LANGUAGE DESCRIBING DISABILITY
The Person with Disabilities The Disability The Role of the Person with Disabilities
21
HUMAN RIGHTS ADVOCACY
Every person is entitled to claim her or his human rights and to demand that they be protected,
respected, and fulflled. When you advocate in human rights terms, and use the human rights
framework to support your advocacy, no one can challenge that you are asking for special
treatment or something undeserved. All stakeholders have a role to play to see that the new
Convention on the Rights of Persons with Disabilities is fully implemented.
Human Rights.YES! was designed to support you in this effort. This frst section has provided
a comprehensive study of human rights principles, legal documents, and social attitudes
related to disability. By providing detailed information on specifc themes related to disability
rights, Part 2 seeks to equip disability advocates with the knowledge they need to effect
change in both national laws and policies and in the social and cultural environments. Part 3
offers specifc training on advocacy strategies and techniques, including defning advocacy
objectives, developing advocacy action plans, and measuring your advocacy success.
Just because human rights law exists does not make human rights a reality in peoples lives.
Positive attitudes and good intentions are not enough either.
Without individual efforts, a frm social and cultural commitment reinforced by group
action, and strong implementation and enforcement by governments, human rights
cannot be guaranteed!
PART 2:

THE CONVENTION ON THE
RIGHTS OF PERSONS WITH DISABILITIES

PART 2 CONTENTS:

Chapter 1 Equality and Non-discrimination.. 24
Chapter 2 Accessibility.... 36
Chapter 3 The Right to Political Participation.. 49
Chapter 4 Freedom of Expression and Opinion .... 60
Chapter 5 The Right to Life and Protection in Situations of Risk.. 70
Chapter 6 Freedom from Torture and Other Forms of Abuse... 83
Chapter 7 Privacy, Integrity, Home, and the Family 96
Chapter 8 The Right to Health ..... 108
Chapter 9 The Right to Habilitation and Rehabilitation. 127
Chapter 10 The Right to Work.... 138
Chapter 11 Living Independently and with Dignity in the Community.. 148
Chapter 12 Access to J ustice......... 158
Chapter 13 The Right to Education.... 165
Chapter 14 The Right to Participation in Sport and Culture... 176
Chapter 15 The Human Rights of Children with Disabilities...... 191
Chapter 16 Non-discrimination and Equality for Women with Disabilities... 206
Chapter 17 The Rights of Other Populations....219

24
CHAPTER 1: EQUALITY AND NON-DISCRIMINATION
UN Convention on the Rights of Persons with Disabilities
Article 5, Equality and Non-discrimination:
1. 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 beneft of the law.
2. 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.
3. In order to promote equality and eliminate discrimination, States Parties shall take all
appropriate steps to ensure that reasonable accommodation is provided.
4. Specifc measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the terms of the
present Convention.
Article 2, Defnitions (excerpts):
Discrimination on the basis of disability means any distinction, exclusion or
restriction on the basis of disability which has the purpose or effect of impairing or
nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all
human rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other feld. It includes all forms of discrimination, including denial of
reasonable accommodation.
Article 3, General Principles:
(a) Respect for inherent dignity, individual autonomy including the freedom to make
ones own choices, and independence of persons;
(b) Non-discrimination;
(c) Full and effective participation and inclusion in society;
(d) Respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity;
(e) Equality of opportunity;
(f) Accessibility;
(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.
25 PART 2: THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
OBJECTIVES
The background information and exercises contained in this chapter will enable participants to
work towards the following objectives:
Defne the right to equality and non-discrimination
Explain the importance of the right to equality and non-discrimination for people with
disabilities
Understand the interrelation between equality and non-discrimination and other human
rights
Identify ways in which the right to equality and non-discrimination of people with
disabilities has been promoted or denied
Understand the provisions related to equality and non-discrimination in the UN
Convention on the Rights of Persons with Disabilities (CRPD).
GETTING STARTED:
THINKING ABOUT EQUALITY AND NON-DISCRIMINATION
The terms equality and non-discrimination address some of the most fundamental concepts
in human rights, yet many people use them without thinking about what they really mean.
Understanding equality and non-discrimination is essential if they are to be used effectively in
human rights advocacy.
Equality
In its simplest sense, the word equality may be defned as meaning the same as,
equivalent, matching, or identical. When applied to people, however, the term is not
intended to mean that all people are identical or exact copies of each other, for that is clearly
not the case! In a human rights context, equality is used to mean that we are all the same in
one fundamental way: regardless of our differences we all possess inherent worth. We are all
equally entitled to human rights simply because we are human, and the qualities that make us
unique and different should not make us superior or inferior in regard to rights. When put into
practice, the principle of equality therefore requires every individual and the societies in which
they live to value and accommodate human differences, including - differences based
on disability.
A number of different approaches can be taken when thinking about and applying the principle
of equality. The frst is often referred to as formal equality, and can occur when laws or
policies call for different groups of people to be treated the same, perhaps by saying that they
should not be discriminated against. Although such an approach seems logical and it certainly
has an important role to play, it is not enough by itself to ensure that people with disabilities or
other groups can enjoy true equality. Additional steps may need to be taken in order to account
for the different circumstances that people with disabilities face and to address the artifcial
barriers to their inclusion that have been created by society. For example, calling for people
with disabilities to be treated in the same way as other people will not be effective in removing
physical, informational, communication, and attitudinal barriers, nor will it help individuals who
need differential treatment in the form of specifc disability accommodations.
26
Another approach to equality is what is often referred to as equality of opportunity. This
approach recognizes that people may face limitations in their lives resulting from factors
and circumstances entirely outside of their control, such as their race, gender, disability, and
social status. These factors alone, and in combination with attitudinal and other barriers, can
make it impossible for people with disabilities to live as they wish and contribute to society
as they might want. Ensuring equality of opportunity therefore requires specifc actions to
be taken to move beyond formal equality, and ensure that people with disabilities can enjoy
the same opportunities as other people. Such actions might include ensuring accessibility of
transportation, combating stereotypes and attitudes that lead to discrimination against people
with disabilities, and providing reasonable accommodations in educational, employment, and
other contexts.
The third approach can be referred to as equality in fact, substantive equality, or de facto
equality. This approach seeks to ensure equality of results and not just equality of opportunity,
as just saying that people are equal is not usually enough to make them so. In other words,
de facto equality sees each person as equally entitled to full enjoyment of their human rights
regardless of their actual contributions or capacity to contribute to society.
Although a properly implemented equality of opportunity approach is typically suffcient to
ensure that most people with disabilities are able to enjoy their human rights as they wish, an
additional commitment by the State to de facto equality can be of great assistance in ensuring
enjoyment of human rights by people with disabilities. For example, ensuring that people with
disabilities are not discriminated against by employers may not be enough to ensure that people
with disabilities enjoy the right to work if at the same time they are not otherwise qualifed for the
jobs for which they apply. Thus, to ensure de facto equality in employment settings, it may be
necessary for States to provide training opportunities for people with disabilities so that they can
more readily compete against other job applicants.
Non-discrimination
It is perhaps easier to start thinking about what non-discrimination means by frst considering
the meaning of discrimination. In its most basic sense to discriminate means to distinguish,
to differentiate, or to treat differently, and is neither positive nor negative in tone. However,
the term takes on a more negative meaning when used to describe how people treat each
other. To say that somebody has been discriminated against typically means that they have
not only been treated differently but also unfairly. This unfair treatment could be blatant such as
a law expressly discriminating against people with disabilities, or it could occur in a more subtle
manner, such as where a rule is neutral but acts to adversely affect people with disabilities.
Such subtle forms of discrimination can be particularly insidious because people may believe
that the lack of blatant discrimination makes rules or laws fair, even though their effects are
damaging.
These two types of discrimination are sometimes referred to as direct and indirect
discrimination, though the labels are less important than the damage caused by such
discrimination and the actions needed to counter it. As will be discussed later, international
human rights law prohibits all such discrimination when it is on specifc grounds, such
as disability, race, sex, national origin, and other specifed bases. The principle of non-
discrimination therefore encompasses the commitment not to engage in such forms of
discrimination and to take steps to counter more subtle and indirect forms of discrimination.
States must also ensure that they address issues of discrimination regardless of whether the
discrimination occurs just between individuals or in a more systemic way, such as through
legislation, policies, and regulations.
Perhaps one of the most potentially confusing aspects of non-discrimination is that it does not
always prohibit States from treating people differently, and in some cases requires that they
do! This is because the principles of non-discrimination and equality interact with each other.
For example, the historic and long-term discrimination against people with disabilities as a
group has led to people with disabilities not enjoying full equality with other people. In order
for this situation to be reversed, States need to undertake actions that are known in different
countries and contexts as specifc measures, affrmative action, fair discrimination,
reverse discrimination, or positive discrimination. However they are labelled, the objective
of these actions is to achieve equality, and they often do so by treating people with disabilities
in a way that accords them some comparative advantage. For example, efforts to encourage
businesses to appreciate the value of employees with disabilities and to employ more people
with disabilities, may favour people with disabilities over other people. The need for workplace
disability accommodations may also lead to employees with disabilities receiving specifc
treatment that differs from that of other employees. Although such actions effectively treat
people differently, they are not considered discrimination, because the goal is to overcome
disadvantages, achieve equality, and promote rather than violate enjoyment of human rights.
Indeed, under Article 2 of the Convention on the Rights of Persons with Disabilities, the failure
to provide for reasonable accommodation would be considered a form of disability-based
discrimination prohibited under the Convention.
The principles of equality and non-discrimination not only interact with each other, they are
also fundamentally indivisible, interrelated, and interdependent with all other human rights.
For example, if a State passed a law denying people with disabilities the right to work, this
would not only constitute a violation of the right to work, but it would also represent an explicit
form of discrimination and a violation of equality. Indeed, it is not truly possible to say that any
human right has been fully enjoyed if equality or non-discrimination have been denied. For this
reason some people would say that full enjoyment of human rights by people with disabilities
necessarily occurs through implementation of the principles of equality and non-discrimination,
together with access to specifc rights. For example, it is not enough to say that people
with disabilities should not be discriminated against in enjoying the right to education if no
educational services are provided. Similarly, it is not enough for the State to provide educational
services if people with disabilities face discrimination when using them. Thus, States are
required to address both equality and non-discrimination and also access to human rights, in
order for people with disabilities to truly enjoy their human rights in a manner that is inclusive
and respectful of human dignity.
28
Approaches to Equality, Non-discrimination, and Disability
in National Law
Recognizing and respecting the importance of these fundamental principles, many national constitutions
contain specifc references to the obligation of the State to respect and uphold the principles of equality and
non-discrimination. Increasingly, constitutional documents also contain references to disability as a prohibited
grounds for discrimination. The following represent some examples of such provisions from different countries
(Bold typeface has been added to references to disability):
Charter of Rights and Freedoms of Canada
Equality Rights
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal
beneft of the law without discrimination and, in particular, without discrimination based on race, national
or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration
of conditions of disadvantaged individuals or groups including those that are disadvantaged because of
race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Constitution of Fiji
Section 38, Equality
(1) Every person has the right to equality before the law.
(2) A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her:
(a) actual or supposed personal characteristics of circumstances, including race, ethnic origin, colour, place
of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or
(b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the
diminution of the rights or freedoms of others; or on any other ground prohibited by this Constitution.
Constitution of South Africa
Chapter 2: Bill of Rights
9. Equality
1. Everyone is equal before the law and has the right to equal protection and beneft of the law.
2. Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of
equality, legislative and other measures designed to protect or advance persons, or categories of
persons, disadvantaged by unfair discrimination may be taken.
3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds,
including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation,
age, disability, religion, conscience, belief, culture, language and birth.
4. No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms
of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
5. Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that
the discrimination is fair.
Constitution of Uganda
Equality and freedom from discrimination.
21. (1) All persons are equal before and under the law in all spheres of political, economic, social and cultural
life and in every other respect and shall enjoy equal protection of the law.
(2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of
sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion
or disability.
(3) For the purposes of this article, discriminate means to give different treatment to different persons
attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth,
creed or religion, or social or economic standing, political opinion or disability.
(4) Nothing in this article shall prevent Parliament from enacting laws that are necessary for-
(a) implementing policies and programmes aimed at redressing social, economic or educational or other
imbalance in society; or
(b) making such provision as is required or authorised to be made under this Constitution; or
(c) providing for any matter acceptable and demonstrably justifed in a free and democratic society.
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision
of this Constitution.
EXERCISE 1.1: What Does it Mean to Enjoy Equality and
Non-discrimination?
Objective: To understand what it means to enjoy equality and non-discrimination
Time: 30 minutes
1. Brainstorm/Discuss:
Brainstorm, listing responses to:
What does the phrase equality mean to you?
When you think of enjoying full equality and non-discrimination, what do you think that
would mean in terms of
n How you live your life?
n How you treat other people?
n How other people treat you?
n What opportunities you have access to?
n What life experiences you can enjoy?
n What about how others live and experience their lives?
Review the defnitions of formal equality, equality of opportunity, and de facto equality. Ask for
examples of each from participants personal experiences or observations.
2. Imagine:
Divide participants into small groups. Give these instructions:
Make up a fctional account of a person with a disability who enjoys formal equality of
opportunity (e.g., at school, in the workplace, in the community) but does not yet enjoy de
facto equality with others in that setting. Give the person a name, specifc age, disability, and
living context. Consider:
What barriers have been removed or actions taken to ensure that this person enjoys
formal equality of opportunity?
What barriers have not been removed?
How would de facto equality be different for this person?
3. Present/Discuss:
Ask each group to introduce their imagined person. After each presentation discuss:
What additional actions are needed to ensure de facto equality for that person?
Who is responsible for taking those actions and how could they be achieved?
30
South Africas Equality Courts and Human Rights Commission
Promoting the Human Rights of People with Disabilities
As part of the Promotion of Equality and Prevention of Unfair Discrimination Act
of 2000, South Africa created approximately 60 Equality Courts. The mandate of
these courts is to eradicate systemic discrimination and inequalities, addressing
hate speech, racial harassment, and discrimination in the areas of race, gender,
and disability. The courts are fully empowered to adopt positive orders and require
respondents to take specifc action to rectify situations of discrimination affecting
complainants.
The Equality Unit of the South African Human Rights Commission (SAHRC) has
participated in bringing several disability-related cases before the Equality Courts,
as part of its mission to promote the achievement of substantive equality in South
Africa. Indeed one of the frst cases reviewed by the Equality Courts was a case
supported by the SAHRC and brought by an attorney with a disability, addressing
the lack of wheelchair access to South African court buildings. (This case is
addressed in more detail in Chapter 12, Access to Justice, p. 158.) The case
resulted in the governments agreement to ensure proper access for people with
disabilities to court facilities across the country, and an on-going monitoring process
to ensure compliance. A further decision was reached in 2006, regarding access
by people with disabilities to the Kabega Park police station. Not only was the
police station required to undergo renovations to ensure its accessibility, temporary
disability accommodations (e.g., moving certain offces to the ground foor until
wheelchair access could be made available to other foors) was required in the
interim. Furthermore, the national and area police commissioners were required to
submit written letters of apology to the complainant, recognizing their inappropriate
attitudes towards people with disabilities.
1
EXERCISE 1.2: Understanding Barriers to Equality and
Non-Discrimination
Objective: To identify barriers to equality and non-discrimination faced by people with
disabilities
Time: 45 minutes
Can you think of examples of discrimination and inequality that might be common to
different people with disabilities in their everyday lives? List these.
In your examples of discrimination and inequality, does the discrimination occur only on
the grounds of disability? What other kinds of discrimination might people with disabilities
experience?
Does discrimination only affect people with disabilities? What about their friends or family?
1 Equality Update. Nov/Dec 2006. South Africa Human Rights Commission. http://www.sahrc.org.za/
sahrc_cms/downloads/Equality Update_Dec.pdf;
Equality Court Victory for People with Disabilities. 24 Feb. 2004. South African Government Information.
http://www.info.gov.za/speeches/2004/04022415461001.htm
2. Analyze:
Break into pairs or small groups, and using the list of examples of discrimination and inequality
generated, ask each group or pair to choose one example and discuss among themselves:
Who is responsible for the discrimination and inequality?
Why might the person or persons responsible engage in the discrimination and
violations of equality? Are they even aware they are behaving in a discriminatory way?
What are the root causes of the discrimination and inequality?
3. Role Play:
Ask each group or pair to report on their analysis and to role play at least one of the barriers or
root causes of discrimination and inequality that a person with a disability might face.
4. Discuss:
What are the consequences when the root causes of discrimination and inequality are
not addressed? To the person with disability? To society as a whole?
Which root causes/barriers have the greatest effect on people with disabilities? On
society as a whole?
What can be done to eliminate these most signifcant causes and/or barriers to full
enjoyment of the principles of equality and non-discrimination?
What can be done to make people aware that they are behaving in ways that continue
discrimination against people with disabilities?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT EQUALITY
AND NON-DISCRIMINATION?
Numerous provisions addressing equality and non-discrimination are found throughout
international human rights law instruments, refecting the importance of these principles to the
enjoyment of human rights. Indeed, the Preamble of the Universal Declaration of Human
Rights (UDHR)
2
talks about the equal rights of men and women, and Article 1 begins by
saying that All human beings are born free and equal in dignity and rights. Article 2 of the
UDHR then goes on to list the grounds upon which no distinction or discrimination is permitted,
including race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. Article 7 addresses equality before the law and equal
protection of the law: in other words the right of everyone to have the law fairly applied without
discrimination. Further references to equality are found throughout the rest of the UDHR in the
context of specifc rights, such as the equal rights of men and women regarding marriage.
The basic provisions found in the UDHR are refected again in the International Covenant on
Economic, Social and Cultural Rights (ICESCR)
3
and the International Covenant on Civil
and Political Rights (ICCPR).
4
Both the ICESCR and ICCPR contain articles ensuring the
equal rights of men and women (Article 3 in each Covenant), and prohibitions of discrimination
(Article 2 in each Covenant) on the same grounds as those listed in the UDHR. Article 26 of the
ICCPR addresses the issue of equality before the law and equal protection of the law.
Similar provisions are refected again in other international human right treaties. For
example, Article 2 of the Convention on the Rights of the Child (CRC) expressly prohibits
2 See http://www.unhchr.ch/udhr
3 See http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
32
discrimination on a number of bases, including disability, regardless of whether it is the child or
parent who is disabled.
5
In some cases the overall purpose of the treaties is to combat specifc
types of discrimination. For example, the express intent of the International Convention on
the Elimination of All Forms of Racial Discrimination (CERD)
6
, and the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW)
7
is to combat
discrimination on the basis of race and against women respectively.
The non-legally binding UN Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (Standard Rules)
8
has a strong focus on the concept of equality of
opportunity, even incorporating the concept into its title! All of the Rules included in the Standard
Rules are intended to promote achievement of full participation and equalization of opportunities
for people with disabilities.
The Convention on the Rights of Persons with Disabilities (CRPD) contains three articles of
particular relevance to the principles of equality and non-discrimination: Articles 2, 3, and 5.
Although it does not elaborate on the concepts, Article 3 (General Principles) clearly establishes
equality and non-discrimination as two of the most important principles of the Convention, which
along with other principles such as respect for difference and autonomy, should be applied to
interpretation and implementation of all other substantive articles in the CRPD.
Article 5 addresses equality and non-discrimination in more detail, specifying that States must
recognize the equality of people with disabilities before the law and the equal protection and
beneft of the law. Article 5 also bans discrimination on the basis of disability and obligates
States to guarantee equal and effective legal against discrimination on all grounds. Although
the additional grounds on which people with disabilities should not be discriminated against are
not listed in Article 5, they appear in paragraph (p) of the Preamble, which lists them as:
race, colour, sex, language, religion, political or other opinion, national, ethnic,
indigenous or social origin, property, birth, age or other status.
Though the list of prohibited grounds is similar to that included in the ICESCR, ICCPR and other
international human rights instruments, it is broader than some in that it also references ethnic
origin, indigenous origin, and age as grounds upon which people with disabilities should not
be discriminated.
Article 5 represents the frst time that an international human rights convention expressly bars
discrimination on the basis of disability. That is not to say that disability-based discrimination
is permitted under the prior human rights conventions simply because their lists of prohibited
grounds do not include the term disability. Arguably, the references in the ICESCR, ICCPR and
other treaties to other status preclude discrimination on the basis of disability. However, Article
5 of the CRPD leaves no question that discrimination on the basis of disability is prohibited,
though Article 5 does not defne this term.
Instead, this defnition is provided in Article 2, where other defnitions (including reasonable
accommodation) are also elaborated. Article 2 indicates that discrimination on the basis of
disability means any distinction, exclusion or restriction on the basis of disability that has the
purpose or effect of damaging or denying the enjoyment or exercise of human rights by people
5 See http://www.unhchr.ch/html/menu3/b/k2crc.htm
6 See http://www.unhchr.ch/html/menu3/b/9.htm
7 See http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
8 See http://www.ohchr.org/english/law/opportunities.htm
with disabilities. It also specifes that the failure to provide reasonable accommodation is itself a
form of discrimination.
As well as prohibiting discrimination both on the basis of disability and other grounds, Article 5
requires States to ensure provision of reasonable accommodation, in order to promote equality
and eliminate discrimination. It also specifes that any measures undertaken to ensure or speed
up the de facto equality of people with disabilities, should not be considered discrimination
under the Convention. Unlike similar provisions in other treaties (such as Article 4 of CEDAW),
Article 5 does not set a time limit on the use of such measures or refer to them as temporary
measures because the reality is that such measures will need to continue indefnitely for many
people with disabilities to enjoy de facto equality.
Taken as a whole, States obligations with regard to equality and non-discrimination include:
1. Obligation to respect: States must refrain from engaging in any act, custom or practice
that is inconsistent with the principles of equality and non-discrimination (e.g., they may
not pass or maintain laws that discriminate against people with disabilities);
2. Obligation to protect: States must take all appropriate measures to eliminate
discrimination and violations of equality by any non-State actors, such as persons,
organizations or private enterprises (e.g., the State should ensure that employers do not
discriminate against people with disabilities in hiring and employment settings);
3. Obligation to fulfll: States must be proactive in their adoption and implementation of
measures to give effect to the principles of equality and non-discrimination (e.g., through
the use of fair discrimination or affrmative action).
EXERCISE 1.3: Understanding Equality and Non-discrimination
Objective: To review and understand the equality and non-discrimination provisions of the
CRPD
Time: 45 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to paraphrase
Articles 5 and 2 in common language, and give some examples of how they could be
enjoyed and make a difference for people with disabilities in their community.
Alternatively, have some groups address Article 5 and others address Article 2.
2. Paraphrase:
Read Articles 5 and 2 aloud, pausing at each natural section to ask different groups
for their paraphrase. Discuss the meaning of the sections until everyone can agree on a
paraphrase. Write the fnal paraphrase of the articles on chart paper.
3. Give examples:
Ask for examples of how the rights to equality and non-discrimination could be enjoyed
and make a difference for people with disabilities.
4. Discuss:
How can Articles 5 and 2 of the CRPD be used to set national disability rights agendas
and formulate platforms of action for submission to political parties or government
decision-makers?
34
Things to Remember About Equality and Non-discrimination
Here are some of the main things to remember about these important principles of
human rights:
Equality and non-discrimination are central to the enjoyment of all rights;
Effective access to human rights is central to the enjoyment of equality and non-
discrimination;
Equality means that we all have the same inherent worth, regardless of our
differences. There are different approaches to equality:
n Formal equality
n Equality of opportunity
n Substantive or de facto equality.
Non-discrimination concerns avoiding and correcting unfair treatment on
the basis of disability, regardless of whether the unfair treatment is blatant or
subtle;
Under the CRPD:
n Equality and non-discrimination are two of the most important principles;
n States cannot discriminate on the basis of disability, and they must act to
stop non-State actors discriminating on the basis of disability;
n Failure to provide reasonable accommodation is a form of discrimination
on the basis of disability;
n States must take positive action to promote and ensure de facto equality
of people with disabilities.
EXERCISE 1.4: Making a Commitment to Promote Equality and
Non-discrimination
Emphasize that human rights involve both rights and responsibilities.
Ask if after learning about the right to equality and non-discrimination for people with
disabilities, the group is ready to think about taking concrete action;
Acknowledge that, although there is still much planning and information gathering to do,
commitment to creating change is also very important;
Explain that you would like to ask each participant to name one individual action,
however small, that she or he is willing and able to take in the next month to promote
the right to equality and non-discrimination of people with disabilities to ensure their full
enjoyment of all human rights;
If there is time, draft an action plan that promotes equality and non-discrimination,
identifying actors who have responsibility to promote equality and non-discrimination and
what can be done to ensure that they meet their obligations.
For planning advocacy for the human rights of people with disabilities, see Part 3, Advocacy!
Taking Action for the Human Rights of People with Disabilities, p. 229.
ADDITIONAL RESOURCES ON EQUALITY AND NON-DISCRIMINATION

General Comment No. 18 of the Human Rights Committee: http://www.unhchr.ch/tbs/
doc.nsf/(Symbol)/3888b0541f8501c9c12563ed004b8d0e?Opendocument
General Comment No. 5 of Committee on Economic, Social and Cultural Rights:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)4b0c449a9ab4ff72c12563ed0054f17d?
Opendocument
Gerard Quinn and Theresia Degener, et. al., Human Rights Are for All: A Study on the
Current Use and Future Potential of the UN Human Rights Instruments in the Context
of Disability (OHCHR, February 2002):
http://www.ohchr.org/english/issues/disability/study.htm
Report of the United Nations High Commissioner for Human Rights on progress in the
implementation of the recommendations contained in the study on the human rights of
persons with disabilities: http://www.ohchr.org/pacifc/docs/Report_UN_HC_Disability.pdf
36
CHAPTER 2: ACCESSIBILITY
Article 9, Accessibility:
1. 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. These measures, which shall include the identifcation and
elimination of obstacles and barriers to accessibility, shall apply to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including
schools, housing, medical facilities and workplaces;
(b) Information, communications and other services, including electronic services and
emergency services.
2. States Parties shall also take appropriate measures to:
(a) Develop, promulgate and monitor the implementation of minimum standards and
guidelines for the accessibility of facilities and services open or provided to the public;
(b) Ensure that private entities that offer facilities and services which are open or provided
to the public take into account all aspects of accessibility for persons with disabilities;
(c) Provide training for stakeholders on accessibility issues facing persons with disabilities;
(d) Provide in buildings and other facilities open to the public signage in Braille and in easy
to read and understand forms;
(e) Provide forms of live assistance and intermediaries, including guides, readers and
professional sign language interpreters, to facilitate accessibility to buildings and other
facilities open to the public;
(f) Promote other appropriate forms of assistance and support to persons with disabilities
to ensure their access to information;
(g) Promote access for persons with disabilities to new information and communications
technologies and systems, including the Internet;
(h) Promote the design, development, production and distribution of accessible information
and communications technologies and systems at an early stage, so that these
technologies and systems become accessible at minimum cost.
Reasonable accommodation means necessary and appropriate modifcation and
adjustments not imposing a disproportionate or undue burden, where needed in a particular
case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with
others of all human rights and fundamental freedoms;
Universal design means the design of products, environments, programmes and services
to be usable by all people, to the greatest extent possible, without the need for adaptation
or specialized design. Universal design shall not exclude assistive devices for particular
groups of persons with disabilities where this is needed.
OBJECTIVES
The exercises and background information contained in this chapter will enable participants to
Defne accessibility and the related concepts of reasonable accommodation and
universal design
Explain the importance of accessibility for people with disabilities
Understand the interrelation between accessibility and other human rights
Identify ways in which the accessibility of people with disabilities has been promoted or
denied
Understand the provisions related to accessibility in the UN Convention on the Rights
of Persons with Disabilities (CRPD).
GETTING STARTED: THINKING ABOUT ACCESSIBILITY
Any discussion of the human rights of people with disabilities necessarily includes the issue
of accessibility. No one can enjoy a human right to which they do not have access, and the
barriers that currently prevent people with disabilities from fully enjoying their human rights are
abundant. Indeed, it is these barriers that are part of the concept of disability itself. As noted in
the Preamble of the CRPD:
(e) Recognizing that disability is an evolving concept and that disability results from the
interaction between persons with impairments and attitudinal and environmental barriers that
hinders their full and effective participation in society on an equal basis with others.
The forms that barriers to accessibility take can be many and varied, including:
Physical: These barriers include environmental barriers, especially those that exist in
the built (in other words, human-made) infrastructure. They are some of the frst barriers
that people think of when considering access for people with disabilities, as they are the
most obvious. For example, many people are now aware of the importance of ramps
for wheelchair access to buildings with stairs or the need for curb-cuts in side-walks to
facilitate street-level access. Other physical barriers may be less obvious, however. For
example, many people are unaware of the barriers faced by little people, who frequently
have to interact with a built-environment primarily designed for average-sized people.
In addition, people may not be suffciently aware of the need for tactile or high colour-
contrast surfaces to assist people with visual impairments as they navigate streets and
buildings.
Informational: Both the form and content of information can constitute barriers to access
for people with disabilities. For example, publications or websites in small print or without
adequate visual contrast may be inaccessible to people with low vision. Television that
does not include captioning, subtitles, or in-set sign language interpretation will be
inaccessible to people who are deaf. Similarly, television programming may also be
inaccessible to people who are blind unless audio-description is available. Information
that is not in Braille or other appropriate tactile forms may be inaccessible to people who
are blind. In addition to form, the content of information is also of critical importance. For
example, information that is not provided in plain language is unlikely to be accessible to
many people with intellectual disabilities.
38
Institutional: These include legislation, practices, or processes that actively prohibit or
fail to facilitate access by people with disabilities. For example, in some countries people
with psycho-social disabilities are expressly prohibited from participating in voting, while
other people with disabilities may be unable to vote because of the absence of legislation
or practice that ensures that they can both gain physical access to polling venues or
voting booths and have access to the ballot and other voting information once they are
there.
Attitudinal: Perhaps the most pervasive barrier is the attitudes of many people.
Sometimes peoples myths and stereotypes about people with disabilities can cause
societies unconsciously to create accessibility barriers. In other cases barriers are
created or maintained simply because people are unaware of their existence and the
detrimental effect they have on the lives of persons with disabilities. For example, a
restaurant owner may mistakenly believe that their restaurant is accessible to wheelchair
users because there are only a couple of steps at the entrance, and may not appreciate
the need for people to be able to enter and exit safely and independently. Such lack of
awareness can have especially detrimental consequences in the area of technology.
Although technology has the potential to enhance access for people with disabilities,
technological advances that occur without incorporating accessibility features can create
barriers. For instance, at a time when people increasingly rely upon mobile phones and
the internet as sources of information and means of communication, many of the devices
and software programmes available are not usable by people who are deaf, blind or
deafblind, leading to further marginalization and exclusion of these groups.
Ensuring accessibility is of critical importance because it directly affects the enjoyment of the
full range of human rights by people with disabilities. In other words, lack of access can prevent
people with disabilities from fully enjoying any human right. In addition, specifc barriers to
access can have a negative effect on the enjoyment of multiple human rights. For example,
the lack of accessible transportation not only prevents enjoyment of the right to liberty of
movement, but it can also prevent people with disabilities from travelling to places of work,
education, health care, rehabilitation, culture, sports, and other venues where different human
rights can be enjoyed. The lack of accessible information about political processes not only
inhibits the ability of people with disabilities to enjoy the right to participate in political and
public life, but it can also make it diffcult to make informed choices about issues affecting other
human rights. For instance, if a voter with a disability is deciding how to vote in a referendum
determining how a local authority provides emergency services (e.g., police, fre, ambulance,
rescue services), it will be essential for that person to have access to the information they need
to make an informed choice. These examples demonstrate that human rights are indivisible,
interdependent, and interconnected.
Ultimately, accessibility is fundamental to ensure the inclusion and participation of people with
disabilities as full and equal members of society. Regardless of the human right in question,
discussion of how that right can fully be enjoyed must include consideration of access not just
for some but for all people with disabilities.
EXERCISE 2.1: Getting Started Thinking About Accessibility
Objective: To simulate an informational accessibility barrier
Time: 20 minutes
Materials: Paper and pens
1. Brainstorm:
As a group, make a list of basic grocery items that a person in your community might
purchase on a day-to-day basis. Write or draw these items on separate pieces of paper.
2. Simulate:
Split the group into pairs. Have one person from each pair select one of the pieces of paper on
which a grocery item is listed. Without speaking, that person must now communicate what that
item is to his or her partner.
Alternate Version: Play this like charades where two teams guess what the player is trying to
communicate.
3. Discuss:
How easy was it for participants to communicate the items to their partners?
Did either person experience any frustration during the exercise?
If so, what was the source of that frustration?
What does this exercise illustrate about the barriers to accessibility that people with
disabilities face on a daily basis?
40
Approaches to Accessibility: Understanding Universal Design
As indicated in Article 2 of the CRPD, the use of universal design is intended to ensure
access by all people, to the greatest extent possible, without the need for adaptation
or specialized design. Universal design is especially important in situations where it is
diffcult to predict exactly what each individual users accessibility needs will be. When
creating a new product, service, or program or when constructing a building, sports arena,
or park, following universal design principles can ensure access by as many potential
users as possible.
These principles include:
Equitable use: The design is useful and marketable to people with diverse abilities;
Flexibility in use: The design accommodates a wide range of individual preferences
and abilities;
Simple and intuitive: The use of the design is easy to understand, regardless of the
users experience, knowledge, language skills, or current concentration level;
Perceptible information: The design communicates necessary information effectively
to the user, regardless of ambient conditions or the users sensory abilities;
Tolerance for error: The design minimizes hazards and the adverse consequences
of accidental or unintended actions;
Low physical effort: The design can be used effciently and comfortably with a
minimum of fatigue; and
Size and space for approach and use: The appropriate size and space is provided
for approach, reach, manipulation, and use regardless of users body size, posture,
or mobility.
1
EXERCISE 2.2: What Does It Mean to Enjoy Accessibility?
Objective: To understand what it means to enjoy accessibility
Time: 30 minutes
Paper and pens
1. Brainstorm/Imagine:
Ask participants to brainstorm some typical life activities that most people in your community
do (e.g., going shopping, going to work, going to school, talking to friends, taking public
transportation, eating in a restaurant, attending a religious service, attending a cultural or sports
event). List these.
Next ask them to name some typical people with disabilities, including people with physical,
sensory, learning, intellectual, psycho-social, and multiple disabilities. As suggestions are given,
ask each participant to write them down on a separate slip of paper using the format You are
and adding more description including an imagined sex and age for the suggested person
(e.g., You are a middle-aged man who uses a wheelchair; You are a twenty-year-old woman
1 Principles of Universal Design. 2007. The Center for Universal Design.
http://www.design.ncsu.edu/cud/about_ud/udprinciples.htm
who is bipolar; You are a teenage girl with Downs Syndrome; You are a man of seventy who
is deaf and dyslexic). Encourage everyone to contribute at least one example.
Collect the slips of descriptions, fold them, and place in an open container.
2. Analyze:
Divide participants into pairs and ask each pair to choose two activities from the list (more than
one couple may have the same activity). Then ask each couple to draw one of the descriptive
slips.
Give these instructions:
a. The slip you drew is your identity for the rest of the exercise;
b. Imagine what it would be like for you to participate in the activities you have chosen;
c. What barriers to access might you encounter? Consider -
Physical barriers
Informational barriers
Institutional barriers
Attitudinal barriers
d. What would it take for you to be able to participate? What accessibility features would
you need?
To the Facilitator: You may need to remind participants of the differences in the different kinds of
barriers and illustrate each.
3. Report:
Ask each group to describe who they are and what activities they chose. Then ask each to
name the accessibility features they would need to be able to participate in their activities. List
these needs on a chart like the one below and retain it for use in Exercise 2.2. Be sure to ask
for informational, institutional, and attitudinal as well as physical barriers.
Barrier Accessibility Feature Needed
4. Discuss:
Did the groups defnition of accessibility differ depending upon the person you have
in mind, or does it stay the same for all people?
How would you defne accessibility so that it fts all these cases?
How does having accessibility make a difference in the lives of individual people with
disabilities? In the life of the community?
How does not having accessibility make a difference in the lives of individual people
with disabilities? In the life of the community?
42
Approaches to Accessibility:
Understanding Reasonable Accommodation
One approach to accessibility involves application of the principles of universal
design, which focuses on the overall usability of the product, service or environment
itself. However, universal design is not yet used everywhere and may not always
succeed in providing access for every individual. In these instances, a second
approach to accessibility, that of reasonable accommodation, is needed. As
defned in the CRPD and as practiced in a number of countries, reasonable
accommodation describes a process through which necessary and appropriate
modifcations, adjustments, or provisions are made, in order to accommodate the
accessibility needs of a particular person. In other words it is a specifc response to
the unique accessibility needs of an individual.
Reasonable accommodation requires discussions between the provider and the
user in order to ensure that the accommodation meets the access needs of the user
and can be implemented by the provider. The provision of the accommodation is
not required where doing so would impose a disproportionate or undue burden on
the person providing the accommodation. What is considered reasonable will vary
depending upon the size and resources of the person or organization providing the
accommodation. The reasonableness of an accommodation will also vary over time,
as new solutions to accessibility issues become available. In general what providers
assume is feasible usually falls below the level of what is possible.
Because of the typically individualized nature of the accommodations, reasonable
accommodation is a process that is often used in educational and employment
settings, where long-term accessibility solutions for specifc individuals may be
necessary to facilitate their enjoyment of the rights to education or work. For example,
in an educational setting someone with a learning disability might be accommodated
through the provision of a dedicated note-taker or perhaps the allowance of extra
time on exams. In an offce environment, reasonable accommodation might include
ensuring that the workspace is navigable for a wheelchair user or providing special
software or other assistive technologies to facilitate computer use by someone with
a visual impairment.
The approach of reasonable accommodation differs from that of universal design.
Universal design treats all users the same and reasonable accommodation treats
specifc users differently. However, the goal of both approaches is the same: full
accessibility that ensures the full inclusion of all people with disabilities in society on
an equal basis with others.
EXERCISE 2.3: Understanding Barriers to Accessibility
Objective: To identify barriers to accessibility faced by people with disabilities
Time: 30 minutes
Materials: List of life activities generated in Exercise 2.2
1. Discuss:
Using the list of needed accessibility features generated in Exercise 2.2, ask participants
to assess to what extent these accommodations are available in this community. Record
responses on a chart like that below.
To the Facilitator: If participants dont know the answer, put a question mark and discuss where
this information could be obtained.
Accessibility
Feature
Never
Available
Somewhat
Available
Generally
Available
Usually
Available
Always
Available
2. Discuss:
What accessibility features are most available in the community? Why do you think this is?
What accessibility features are least available? Why?
Are people with certain disabilities provided with more accessibility features than others?
Which? Why?
Are people with certain disabilities provided with fewer accessibility features than others?
Which? Why?
To the Facilitator: In asking why some accessibility features are more generally available than
others, always seek to establish whether advocacy by people with disabilities has brought about
some of these accessibility features.
3. Evaluate:
What accessibility features are most needed in your community? Be sure to think broadly
about all the different people with disabilities who might need accessibility features, so
that no groups of people are left out.
What can be done to see that these needs are met?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT ACCESSIBILITY?
Accessibility as it has been discussed above is not elaborated in any detail in international
human rights law until the 1993 UN Standard Rules on the Equalization of Opportunities
for Persons with Disabilities. However, there are references to access and related concepts
that can be found in earlier documents. For example, Article 21 of the Universal Declaration
of Human Rights (UDHR) refers to the right of everyone to equal access to public service in
his country. Article 26 of the UDHR also refers to the need for tertiary, professional and higher
education to be equally accessible to all on the basis of merit.
44
The International Covenant on Civil and Political Rights (ICCPR) contains one express
reference to access in Article 25, which address the right of people to have access, on general
terms of equality, to public service in his country.
2
Similarly, the International Covenant
on Economic, Social and Cultural Rights (ICESCR) only references accessibility in the
context of equal access to education in Article 13.
3
Nevertheless, General Comment No. 5
of the Committee on Economic, Social and Cultural Rights, the treaty body that monitors
implementation of the ICESCR, specifcally highlights the need for States Parties to the ICESCR
to ensure that people with disabilities enjoy full access to transportation, health care services,
places of work, housing, health care, education, cultural and recreational venues, and other
programs, services, and places relevant to the enjoyment of economic, social, and cultural rights.
The Convention on the Rights of the Child (CRC) contains more frequent references to the
concept of access, including in Article 17 (access to information), Article 24 (access to health
care services and education about health and nutrition), Article 28 (access to education), and
Article 37 (access to legal assistance if deprived of liberty).
4
In addition, Article 23 specifcally
addresses the rights of children with disabilities, and notes the need for States Parties to ensure
effective access of children with disabilities to:
education, training, health care services, rehabilitation services, preparation
for employment and recreation opportunities in a manner conducive to the childs
achieving the fullest possible social integration and individual development, including
his or her cultural and spiritual development.
The UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities
(Standard Rules) provides more elaboration on accessibility for people with disabilities in Rule
5, addressing physical, informational, and communication accessibility. For example, Rule 5
calls on States to remove obstacles to participation in the physical environment and promote
accessibility through the development of standards and guidelines, training of architects
and other construction professionals, and the consultation of organizations of people with
disabilities. Rule 5 also calls for information to be provided in different accessible formats, for
the media (e.g., television, radio, newspapers) to provide accessible services, for new computer
and other technologies to be made accessible initially or be retroftted later, and for sign
language and other interpreters to be made available to those who need them.
The Convention on the Rights of Persons with Disabilities (CRPD) is the frst legally binding
international instrument to provide in-depth articulation of the responsibilities of governments
to thoroughly address accessibility so that people with disabilities may live independently and
participate fully in all aspects of life. Specifcally, Article 9 requires States to ensure that people
with disabilities are able to access a comprehensive range of venues, facilities, and services
on an equal basis with others. In providing examples, Article 9 references a variety of places
and services, such as buildings, roads, transportation and other indoor and outdoor facilities,
including schools, housing, medical facilities and workplaces, as well as information and
communications and emergency services, all of which have the potential to impact a wide
variety of other human rights. Furthermore, Article 9 includes other facilities and services open
or provided to the public, both in urban and in rural areas, ensuring that accessibility is not only
addressed in cities, but also for people with disabilities living in rural communities.
In order to achieve accessibility, Article 9 requires States to identify and eliminate obstacles and
barriers to accessibility. The provisions that elaborate the specifc measures to be undertaken
are quite detailed and attempt to capture the wide range of access needs of different people
with disabilities in different contexts. They include:
Developing and monitoring implementation of minimum accessibility standards and
guidelines
Providing training on accessibility for stakeholders
Promoting design, development, production, and distribution of information and
communications technologies that address accessibility early in their development, and
that are provided at minimum cost
Promoting access to new information and communications technologies and systems,
including the internet
Providing signage for the public in Braille and other easy to read and understand forms
Providing live assistance (such as guides, readers, and sign language interpreters)
Promoting other appropriate forms of assistance and support to ensure access to
information.
As with other articles in the CRPD, the scope of Article 9 is not limited just to State actors,
such as local and national governments, government agencies, and government corporations.
Article 9 also implicates private actors, requiring States to ensure that private entities that offer
facilities and services which are open or provided to the public take into account all aspects of
accessibility for persons with disabilities. In other words, although the Convention is not directly
legally binding upon private actors (as only States can be bound by international treaties),
it obligates States to act to ensure that private actors over whom they have control act in a
manner consistent with the goals and obligations of Article 9. Such private actors might include
restaurants, taxi companies, supermarkets, and other businesses offering facilities and services
to the public.
It should be noted that Article 9 is located towards the beginning of the CRPD. As with Articles
1-8, Article 9 is intended to inform and assist in the interpretation and implementation of all the
human rights elaborated in the CRPD. For example, if someone were seeking to implement
Article 13, Access to justice, an important starting place would be Article 9 when considering
how to improve the accessibility of, for example, courthouses or the criminal justice system. This
approach also explains why accessibility concepts are often not addressed in great detail or
sometimes not at all in specifc articles of the CRPD: the drafters of the CRPD intended Article 9
to be the common reference point for all issues of accessibility.
Taken as a whole, States obligations with regard to accessibility include:
1. Obligation to respect by refraining from engaging in any act, custom or practice that
creates barriers to accessibility;
2. Obligation to protect by ensuring that non-State or private actors (such as businesses
that offer services and facilities to the public) do not create or fail to remove barriers to
access for people with disabilities;
3. Obligation to fulfll by affrming that States must take proactive action (such as indicated
in the provisions outlined in Article 9) to ensure accessibility for people with disabilities.
In short, international human rights law strongly supports accessibility for people with
disabilities, so that people with disabilities may live independently and fully participate in all
aspects of life.
46
EXERCISE 2.4: Understanding Accessibility
Objective: To review and understand the accessibility provisions of the CRPD
Time: 45 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to paraphrase
Article 9 in common language and give some examples of how it could be enjoyed and make a
difference for people with disabilities in their community. Given the length of Article 9, you may
want to ask different groups to address specifc sections, especially if you feel that particular
sections have already been addressed through previous exercises.
2. Paraphrase:
Read Article 9 aloud, pausing at each comma or natural section to ask different groups for their
paraphrase. Discuss the meaning of the section until everyone can agree on a paraphrase.
Write the fnal paraphrase of Article 9 on chart paper.
3. Give examples:
Ask for examples of how accessibility could be enjoyed and make a difference for people with
disabilities.
4. Discuss:
How can Article 9 of the CRPD be used to set national disability rights agendas and formulate
platforms of action for submission to political parties or government decision-makers? What
would it mean in your country?
EXERCISE 2.5: Making a Commitment to Promote Accessibility
Ask if after learning about accessibility for people with disabilities, the group is ready to
think about taking concrete action.
commitment to creating change is also very important.
the accessibility of people with disabilities to ensure their full enjoyment of all human
rights. (One example of an action might be investigating whether there are national
accessibility standards governing the built environment, government websites, etc. If
standards exists, participants may wish to see whether they are enforced, and if not, they
may wish to engage in advocacy to encourage the government to adopt such standards.)
The BBC: Taking a Holistic Approach to Accessibility
The BBC is perhaps best known internationally for its television and radio news
and entertainment programs. However, when the BBC undertook a review of its
commitment to accessibility for people with disabilities, it looked beyond subtitles
and audio description in its programming. Recognizing the diversity of services
that it provides, as well as its role as an employer, the BBC committed itself to a
comprehensive review of all of its activities, including:
Provision of television licenses
Development, production and broadcasting of news, educational and
entertainment programming
Provider of web-based information
Participant in the switch-over from analogue to digitally-based
broadcasting
Customer-service provider
Public actor subject to the UKs Disability Discrimination Act.
As part of its overall commitment to disability, race, and gender diversity, the BBC
adopted a Disability Equality Scheme (DES), which was developed through
consultation with organizations of people with disabilities as well as employees
with disabilities. Through surveys and focus groups, the BBC gathered information
on the accessibility of its current activities, where people felt there were problems,
and ways in which it could improve its performance in the future. For example,
most people surveyed indicated that they did not face barriers in purchasing
their television licenses, but they did face problems accessing customer service
departments and felt that the organization did not always understand the issues
facing people with disabilities.
The DES (which runs from December 2006-2009) sets forth a detailed action plan
and procedures for performance monitoring, assessment, and review. The DES
operates in conjunction with the BBCs Broader Approach to Promoting Disability
Equality. Together, the policies address access for viewers and customers with
disabilities and also address accessibility in other areas, such as employment of
staff with disabilities; employment of program makers, writers, actors and presenters
with disabilities; utilization of digital, internet and other technologies to promote
disability access and inclusion; and training and educational materials to promote
staff awareness.
5
5 The BBCs Disability Equality Scheme. 30 Apr. 2007. BBC Home.
http://www.bbc.co.uk/info/policies/diversity.shtml#DES1
48
USEFUL RESOURCES ON ACCESSIBILITY
Access Exchange International: Accessible Transportation Around the World:
http://www.globalride-sf.org/index.html
American Council of the Blind - helpful resources for blind and visually impaired persons:
http://www.acb.org/resources/index.html
The Center for Universal Design: Environments and products for all people:
http://www.design.ncsu.edu/cud/about_ud/udprinciples.htm
Design for Accessibility: A Cultural Administrators Handbook. National Assembly of State
Arts Agencies: http://www.nea.gov/resources/Accessibility/pubs/DesignAccessibility.html
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/
4b0c449a9ab4ff72c12563ed0054f17d?Opendocument
International Best Practices in Universal Design: A Global Review. Canadian Human
Rights Commission: http://www.chrc-ccdp.ca/whats_new/default-en.asp?id=376
Manila Declaration on Accessible Information and Communication Technologies (ICT):
http://www.un.org/esa/socdev/enable/maniladecl.htm
UN Global Audit of Web Accessibility: http://www.un.org/esa/socdev/enable/
gawanomensa.htm
W3C Web Accessibility Initiative policies addressing web accessibility:
http://www.w3.org/WAI/Policy/
CHAPTER 3: THE RIGHT TO PARTICIPATION
IN POLITICAL AND PUBLIC LIFE
Article 29, Participation in political and public life:
States Parties shall guarantee to persons with disabilities political rights and the opportunity
to enjoy them on an equal basis with others, and undertake to:
(a) Ensure that persons with disabilities can effectively and fully participate in political and
public life on an equal basis with others, directly or through freely chosen
representatives, including the right and opportunity for persons with disabilities to vote
and be elected, inter alia, by:
(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible
and easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections
and public referendums, without intimidation, and to stand for elections, to
effectively hold offce and perform all public functions at all levels of government,
facilitating the use of assistive and new technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as electors
and to this end, where necessary, at their request, allowing assistance in voting by
a person of their own choice;
(b) Promote actively an environment in which persons with disabilities can effectively and
fully participate in the conduct of public affairs, without discrimination and on an equal
basis with others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with
the public and political life of the country, and in the activities and administration of
political parties;
(ii) forming and joining organizations of persons with disabilities to represent persons
with disabilities at international, national, regional and local levels.
OBJECTIVES
Defne the right to participation in political and public life
Explain the importance of participation for achieving disability rights
Understand the interrelationship between the right to participation and other human rights
Identify ways in which the rights of people with disabilities to participate in political in
political and public life and decision-making generally has been promoted or denied
Describe the provisions regarding participation in the Convention on the Rights of
Persons with Disabilities (CRPD)
Highlight possible advocacy strategies to advance the right of people with disabilities to
participate in decision-making, including in political and public life.
50
GETTING STARTED: THINKING ABOUT PARTICIPATION
IN POLITICAL AND PUBLIC LIFE
People with disabilities have too often been excluded from participating in the decisions that
affect their lives. Their absence from decision-making processes reinforces barriers to full
participation in society.
The enjoyment of the right of people with disabilities to participate in decision-making, including
participation in political and public life, is interrelated to their enjoyment of other human rights.
For example, if a person with a disability is denied her or his right to education, the right to
participate in political processes is also compromised because education provides the basis
for active citizenship. Access to information is another precondition to the right to vote and
to participate in decision-making in society. Similarly, if a disabled person has no access
to transportation, she or he may not be able to register to vote, to cast a ballot at a polling
station, or to participate in a public hearing on an important community issue that affects her.
Discriminatory laws may permanently deny people with disabilities of their legal rights and thus
deny them their legal capacity, as in the case of processes that strip the rights of persons with
psycho-social disabilities to make decisions about medical interventions. These examples
demonstrate how human rights are indivisible, interdependent, and interconnected.
The right to political participation may be denied to people with disabilities for a variety
of reasons. Discriminatory laws may restrict or even prohibit altogether the right to vote,
particularly for people with a psycho-social or intellectual disabilities. Stereotypes about
disability may also serve to exclude people with disabilities from being included in public
outreach by political parties or for consideration as candidates for public offce. Lack of access
to information, such as when public meetings are held or voting requirements, can also be
a barrier to participation. Communication barriers frequently exclude people who are deaf or
hard of hearing from decision-making processes, such as medical decision-making. In the
context of international development, donor organizations or service providers may wrongly
assume that people with disabilities are unable or uninterested in taking part in the planning and
implementation of development projects. These and numerous other barriers serve to reinforce
the exclusion and isolation of people with disabilities in political and public life, and, more
generally, their participation in decision-making in all areas where their interests are affected,
whether in the public or private realm.

Examples of Barriers to Participation in Decision-making
Attitudes about the value of inclusion of people with disabilities in decision-making
processes
Lack of accessible information about public meetings and consultations, political
parties, voting, and registration
Lack of transportation to public meetings, registration, and polling stations
Physical barriers to public buildings, including courts, voting registration centers,
and polling stations
Polling stations in rooms too small to accommodate people using wheelchairs and
voting boxes placed on high tables
Lack of accessible information on voting procedures for voters with sensory
disabilities
Poorly trained election workers
Hostility and/or exclusion of people with psycho-social disability and intellectual
disabilities in decision-making processes
Lack of alternative voting devices or accessible voting methods for people with
sensory disabilities
Lack of mobile voting mechanisms for people who cannot leave their homes or who
are currently residing in hospitals/institutions.
EXERCISE 3.1: What Rights to Participation in Decision-making
Does the CRPD Affrm?
Objective: To review and understand the rights to participation and public life affrmed by the
CRPD
Time: 30 minutes
1. Review:
Divide participants into small groups and assign each group different parts of Article 29, such as
Articles 29(a)(i) and 29(b). Ask each group to work together to:
paraphrase their assigned section in common, clearly understandable language, and
give some examples of how that right could be enjoyed and make a difference for people
with disabilities.
2. Paraphrase/Give examples:
Read each section of Article 29 aloud and ask the assigned group to give their paraphrase.
Discuss the meaning of the section until everyone can agree on a paraphrase. Write the fnal
paraphrase of each section Article 29 on chart paper.
After each section ask for examples of how that right could be implemented and make a
difference for people with disabilities.
52
3. Discuss:
platforms of action for submission to political parties or government decision-makers?
WHAT DOES HUMAN RIGHTS LAW HAVE TO SAY ABOUT THE RIGHT
TO PARTICIPATE IN POLITICAL AND PUBLIC LIFE?
The right to participate in political processes is a well-established principle of human rights law
and is expressed in Article 21 of the Universal Declaration of Human Rights (UDHR).
1
Article
25 of the International Covenant on Civil and Political Rights (ICCPR) provides that
[E]very citizen shall have the right and the opportunity without reasonable restrictionsto
vote and to be elected at genuine periodic elections which shall be universal and equal suffrage
and shall be held by secret ballot, guaranteeing the free expression of the will of the electors.
2

The CRPD elaborates on the right of people with disabilities to participate in the political life of
their societies and provides specifc guidance to States on implementing this right. Participation
in the context of the CRPD extends beyond voting and encompasses the right of disabled
persons to participate in decision-making processes where their interests are affected, on an
equal basis with others. Specifcally, Article 29 guarantees the right of people with disabilities:
to vote, on a non-discriminatory basis, in elections
to access an effective impartial and non-discriminatory procedure for the registration of
voters
to have equal and effective access to voting procedures and facilities in order to exercise
their right to vote
to cast their ballot in secret
to have assistance in order to exercise their right to vote or to stand for election as a
candidate for public offce
to participate in the conduct of public administration, including the administration of
political parties and civil society
to participate in the work of international organizations, including serving as a
representative of government in international organizations
to form and join disabled peoples organizations at all levels.
States Parties to the CRPD are required to ensure the right to participate in political processes,
including voting, and to provide, by means of positive State action, that citizens with disabilities
actually have the opportunity to exercise their political rights. The CRPD makes participation
a fundamental principle in Article 3 (General Principles) and calls for [f]ull and effective
participation and inclusion in society. Article 4 states a general obligation for States to closely
consult with and actively involve persons with disabilities, including children with disabilities,
through their representative organizations in the development and implementation of
legislation and policies. Together with Article 29, Article 3 (General Principles) and Article 4
(General Obligations) specify one of the clearest expressions in international human rights law
of the right to participation in decision-making when ones interests are affected.
In summary, States have the obligation to respect, protect, and fulfll the rights of people
with disabilities to participate in political and public life and decision-making more generally
where their interests are affected. In meeting their obligation to respect the rights of people
with disabilities to participation in political and public life, States must refrain from limiting or
interfering with the access of people with disabilities to exercise their right to participation.
States must also refrain from enforcing discriminatory practices as a State policy and abstain
from imposing discriminatory practices relating to participation. Obligations to protect include,
along other things, the duties of States to adopt all appropriate legislative, administrative
and other measures to facilitate the enjoyment of participation rights. This may include, for
example, introducing accessible voting procedures and facilities, ensuring equal access to
political rights. Finally, the obligation to fulfll participation rights requires States to, among other
things, adopt policies that detail plans for realization of these rights. States Parties to CRPD
must, for example, ensure the appropriate training of election offcials and support information
campaigns that are accessible to people with disabilities. The obligation to fulfll further requires
States to adopt positive measures that enable and assist people with disabilities to enjoy their
political participation rights.
Measures to Enhance Participation in Political Life and
Decision-making by People with Disabilities
Training of elected representatives on disability issues (e.g.,
Parliamentarians, local council members)
Capacity building among organizations for persons with disabilities to
enhance their role in public decision-making processes of all types
Disability awareness campaigns
Outreach campaigns highlighting the right of people with disabilities to vote
and be elected
Public forums with political parties to present a unifed disability platform
Development of an election access task force to work with election offcials
and national election commissions on access issues
Inclusion of the voice and image of people with disabilities in civil and voter
education materials
Development of Tactile Ballot Guides for blind voters, allowing their votes to
be cast independently and in secret
Training of election offcials on accessibility
Inclusion of people with disabilities in election observation and inclusion of
access issues on all election observation forms
Participation in the planning of development programs and lobbying
development organizations for inclusion
Encouragement of government ratifcation of the UN Convention on the
Rights of Persons with Disabilities.
3
3 Global Initiative to Enfranchise People with Disabilities. International Foundation For Election
Systems (IFES). http://www.electionaccess.org
54
PARTICIPATION IN VOTING AND OTHER ELECTORAL PROCESSES
The CRPD provides that people with disabilities have the right to vote, which means that
they have the right to register to vote, to receive voting information, and to cast their ballot
on election day. States are required to provide procedures and facilities for voter registration
and polling that are accessible to people with disabilities. States are also required to ensure
that all voters have the right to vote in secret. Although the right to register to vote and to vote
on polling day extends to all people, it is subject to the usual eligibility requirements such as
age and nationality. Certain disqualifcations may apply to otherwise eligible voters, including
sentencing by a competent court in criminal proceedings. Other disqualifcations may be based
on a declaration of legal incompetence or incapacity by a court, which often impacts people
with intellectual and psycho-social disabilities. In the absence of such disqualifcations, no
person can be barred from exercising his or her right to vote, provided she or he meets the
other eligibility requirements. In practice, disqualifcations relating to mental capacity are much
abused; they are applied arbitrarily and without court declarations. In this context, therefore,
education of voters, registration and polling offcials, and people with disabilities themselves is
particularly important.
Voting procedures and facilities must be accessible to people with disabilities. Polling stations
must be free of physical barriers that might prevent a person with a physical disability from
registering or voting. For example, stairs are barriers for people who use wheelchairs or have
mobility impairments and can also present dangers to blind voters and voters with visual
impairments. Communication barriers can prevent voters with hearing impairments from
exercising their right to register and to vote. Sign language interpreters or written material,
highlighted with clear illustrations may provide accommodations for such voters. Plain language
materials may assist voters with intellectual disabilities in exercising their right to vote. The
training of election offcials is essential to enable voters with disabilities to be appropriately
accommodated and treated in a non-discriminatory manner.
All people have the right to vote in secret, an absolute right that may not be restricted. In many
countries, however, voting and registration procedures are not made accessible to people with
disabilities to allow for their secret voting, especially for blind voters. Blind voters may exercise
their right to vote in secret with a tactile ballot guide or with a voting machine that has audible
instructions. Many countries have introduced accessible procedures that provide blind voters
with the right to vote in secret. (See text box below).
Tactile Ballot Guides for Blind Voters
In the 2005 Liberian elections, the National Elections Commission, together with the
International Foundation for Election Systems (IFES), printed Tactile Ballot Guides to
enable blind voters to mark their ballot independently, thereby preserving their rights to vote
in secret. Election offcials were trained on the use of this guide so that they could assist
blind voters wishing to use them. A coalition of organizations for persons with disabilities
held voter education sessions throughout Liberia in which they explained to blind voters
how to use the guides. IFES has facilitated the introduction of Tactile Ballot Guides in many
countries, including Armenia, Ghana, and Yemen.
People with disabilities also have the right to assistance in the exercise of their registration and
voting rights. For example, they may select a friend or family member to accompany them to the
polls. The right to assistance is particularly important where registration and polling stations are
not fully accessible. Service animals may also facilitate political participation rights.
In many countries around the world, organizations for persons with disabilities have played
important advocacy roles to enhance the accessibility of electoral processes for all and
also to raise awareness about disability issues more generally. Electoral processes present
opportunities for persons with disabilities to raise the visibility of disability issues, to engage with
political parties, and to assess the extent to which national elections commissions are working
to ensure access and realizing the right of people with disabilities to exercise their right to vote.
Electoral processes also present opportunities for disabled peoples organizations to work with
other civil society groups on voter awareness and education and on observation and monitoring.
In this way, organizations for persons with disabilities can connect with other civil society groups
to share information and advocacy goals and to learn the advocacy strategies and priorities of
other groups.
EXERCISE 3.2: Voting Access for People with Disabilities
Objective: To consider how voting processes can ensure the participation of people with
disabilities
Time: 45 minutes
1. Discuss:
Divide participants into small discussion groups. Ask each group to discuss the following
questions, encouraging them to consider these questions as they may apply to people with
different kinds of disabilities (e.g., physical, sensory, and psycho-social):
What barriers do you think might exist in exercising rights to political participation in your
community (e.g., in voting, in holding public offce, in accessing information)?
If you do not know of any barriers to voting, how and where could you fnd out?
What has been your own experience or observation relating to barriers faced by people
with disabilities in voting?
2. Report:
Ask each group to summarize their discussion and role play a situation identifed in their
discussion. Record the situations of barriers as they are mentioned.

3. Discuss:
Emphasize to the group that discrimination is often based on mistaken ideas and stereotypes
that one group holds about another.
How would you confront perceptions about people with psycho-social disabilities in
voting?
How could you increase the visibility of people with disabilities in an election process?
How could you ensure that election observers think about accessibility issues in their
monitoring role?
What steps could you take to reach disabled voters in voter awareness programs?
56
Alternative:
As a whole group, draw together suggestions into an Election Access Tips Document covering
some or all of the following actions to improve accessibility in voter registration: voter education,
places of registration and voting, ballot casting, and voter observation. Use in disability rights
advocacy and distribute to national election commissions, NGOs active in elections work and
voter observation, and international democracy and governance groups engaged in voter
education, election administration, and observation.
EXERCISE 3.3: Voter Observation and Monitoring
Objective: To consider how people with disabilities and their allies can monitor and evaluate
election procedures
Time: 45 minutes
1. Explain:
Emphasize to the group that people with disabilities can play a signifcant role in election
observation, ensuring the transparency of an election, as well as identifying barriers to voting.
Election observers observe and monitor the balloting process and the counting of results.
Observation includes, among other issues:
location of polling stations and their accessibility to the population which includes:
a. the opening and closing of polling stations at stated times
b. the arrangement of voting booths
c. the orderly movement of voters
the presence of well-trained and competent offcials who are knowledgeable about the
procedures and responsive to requests for assistance
an established procedure for identifcation and verifcation of voters
secrecy of the act of balloting such as
a. the marking of ballot papers out of the sight of offcials and observers
b. provision for secret balloting for blind voters
security of the ballot box and integrity of the counting process and results, such as
a. ensuring that ballot boxes are empty before voting begins and secure and sealed
when polling stations are closed and during any transit procedure
b. ensuring that votes are tallied in a process that inspires confdence.
2. Discuss/Draft:
Divide participants into small discussion groups. Ask each group to discuss these questions:
How can a disability dimension be included in election observation?
What steps can be taken to ensure that election observers are aware of election access
issues?
How can election observation results be used to improve election access in future
elections?
Ask each group to design their own voter observation forms and/or procedures with questions
relating to election access for people with disabilities.
3. Report/Discuss:
Ask a spokesperson from each group to summarize the groups discussion conclusions and
present the groups draft election observation form. Record ideas on chart paper as they are
mentioned.
4. Take Action:
Use the tool you have created, participate in election observation, help train observers, and
report on your election observation!
RIGHT TO STAND FOR ELECTION AND HAVE
EQUAL ACCESS TO PUBLIC SERVICE
People with disabilities have the right to stand for election to public offce. While States may
limit that right to those who have reached a minimum age, restrictions must be justifable and
reasonable. Disability should never apply as a restrictive condition.
People with disabilities likewise enjoy equal access to public service and government jobs
at all levels, including working at local government offces as well as serving as government
representative at international levels such as the United Nations. Indeed, a number of disabled
elected representatives as well as governmental public servants participated in the UN
negotiations that resulted in the adoption of the CRPD. Such inclusion helps to ensure that
government at all levels takes into account the needs of people with disabilities.
In some countries, disabled peoples organisations have advocated for positive measures in
order to ensure that their interests are effectively represented in their legislatures. In Uganda, for
example, the Constitution requires that a certain percentage of seats in Parliament be accorded
to representatives with disabilities. In other countries, a certain number of parliamentary seats
may be appointed by the executive. This policy has resulted in the presidential appointment of
representatives with disabilities to Parliament, in Namibia for example. In other cases, people
with disabilities may have representation through a Disability Advisor linked to the Executive, as
in the case of the Swedish Disability Ombudsman or Namibian Disability Advisor, or through a
Council on Disability, as in the case of the United States National Council on Disability.
RIGHT TO FORM AND JOIN ORGANIZATIONS
The CRPD recognizes the right of people with disabilities to form and join disabled peoples
organizations for the purpose of representation at all levels. This right refects the human right
of anyone to found an association with others around a particular issue or to join an existing
association. Forming an association and joining as a member must be voluntary: no one
can be forced to join any association. States must provide a legal framework for establishing
association and must protect this right against interference.
Disabled peoples organizations are explicitly referenced in the CRPD because they refer
to organizations established by and for people with disabilities themselves. Associations
established and run by people with lived experience of disability are best placed to ensure that
the voice of people with disabilities is heard in decision-making processes. Disabled peoples
organizations played an important role in the process by which the CRPD was drafted and
will continue to play critical roles in the implementation of the treaty.
58
Parliamentary Participation and People with Disabilities
Canada: Following the election of a disabled person to the House of Commons, modifcations
were made to the Houses Standing Orders to permit the full participation in the proceedings of
the House of any Member with a disability. This allows the Speaker to exempt such a member
from the requirement to stand for debate and voting. Disabled MPs are now allowed to be
accompanied by an assistant on the foor of the House.
Uganda: Ugandas new constitution, written in 1995, requires that fve of the national members
of Parliament have personal experience with disability. The Local Government Act of 1997
provides for the election of one disabled woman and one disabled man to every village, parish
sub-county, and district council. The 47,000 representatives sitting on directly elected bodies
are easily the largest group of disabled politicians anywhere in the world. Disabled MPs have
served on a variety of Parliamentary committees, including Presidential Appointments, Rules
and Privileges, Legal and Parliamentary Affairs, Commissions, Statutory Authorities and State
Enterprises, Social Services, as well as Public Service, Gender, and Local Government. Serving
in the Parliament is easier now that rules have been changed to permit guide dogs and sign
language interpreters in meeting and parliamentary sessions.
Sri Lanka: Section 23(2) of Sri Lankas constitution has a section titled Specifc Inclusion of
People with Disabilities that states: No person with a disability shall, on the ground of such
disability, be subject to any liability, restriction or condition with regard to access to, or use of,
any building or place which any other member of the public has access or is entitled to use,
whether on the payment of any fee or not.
Article 89 of the Sri Lankan constitution titled Exclusion Based on Mental Disability states:
No person shall be qualifed to be an elector at an election of the President, or of the
Members of Parliament or to vote at any Referendum, if he is subject to any of the
following disqualifcations, namely(c) if he is under any law in force in Sri Lanka found
or declared to be of unsound mind Article 91, subsection (1) states: No person shall
be qualifed to be elected as a Member of Parliament or to sit and vote in Parliament (a)
if he is or becomes subject to any of the disqualifcations specifed in article 89
Tanzania: Margaret Agnes Mkanga is a MP representing women and people with disability
in the national legislature in Tanzania. Her major task is to mediate, discuss and advise the
government on how it can improve the welfare of people with disability through formulation of
better policy. As the only MP representing people with disability, Ms. Mkanga travels around the
country to participate in consultations with different organizations working on disability issues,
visiting groups of people with disabilities in rural and urban communities.
South Africa: Eleven MPs in the South African parliament have disabilities. Prior to the 1994
elections, activists with disabilities looked for the political base to advance their cause. They
used the Disability Rights Charter that they had produced as a bargaining chip to pressure
the ruling African National Congress (ANC) to establish a disability unit. Within three years a
national disability strategy was adopted, and the unit was moved to the Offce of the Deputy
President.
EXERCISE 3.4: Making a Commitment to Promote Participation Rights
Ask if after learning about the human right of people with disabilities to participate in
political and public life, and other decision-making processes the group is ready to think
about taking concrete action.
Acknowledge that although there is still much planning and information gathering to do,
however small, that she or he is willing and able to take in the next month to promote the
human right of people with disability to participate in political and public life.
USEFUL RESOURCES ON PARTICIPATION IN POLITICAL AND PUBLIC
AFFAIRS
Americans with Disabilities Act Checklist for Polling Places. Civil Rights Division,
Disability Rights Section, U.S. Department of Justice, February 2004:
http://www.ada.gov/votingck.htm
Global Initiative to Enfranchise People with Disabilities, International Foundation For
ElectionSystems (IFES): http://www.el ectionaccess.org
Goodwin-Gill, Guy S., Free and Fair Elections. Inter-Parliamentary Union, 2006.
60
CHAPTER 4: FREEDOM OF EXPRESSION AND OPINION
Article 21, Freedom of expression and opinion and access to information:
States Parties shall take all appropriate measures to ensure that persons with
disabilities can exercise the right to freedom of expression and opinion, including the
freedom to seek, receive and impart information and ideas on an equal basis with
others and through all forms of communication of their choice, as defned in article 2 of
the present Convention, including by:
(a) Providing information intended for the general public to persons with disabilities in
accessible formats and technologies appropriate to different kinds of disabilities in a
timely manner and without additional cost;
(b) Accepting and facilitating the use of sign languages, Braille, augmentative and
alternative communication, and all other accessible means, modes and formats
of communication of their choice by persons with disabilities in offcial interactions;
(c) Urging private entities that provide services to the general public, including
through the Internet, to provide information and services in accessible and
usable formats for persons with disabilities;
(d) Encouraging the mass media, including providers of information through the
Internet, to make their services accessible to persons with disabilities;
(e) Recognizing and promoting the use of sign languages.
For the purposes of the present Convention:
Communication includes languages, display of text, Braille, tactile communication,
large print, accessible multimedia as well as written, audio, plain-language,
human-reader and augmentative and alternative modes, means and formats of
communication, including accessible information and communication technology;
Language includes spoken and signed languages and other forms of non-spoken
languages.
OBJECTIVES
Defne the right to freedom of expression and opinion
Explain the importance of the right to freedom of expression and opinion for people with
disabilities
Understand the interrelation between the right to freedom of expression and opinion and
other human rights
Identify ways in which the right to freedom of expression and opinion of people with
disabilities has been promoted or denied
Understand the provisions related to freedom of expression and opinion in the UN
GETTING STARTED:
THINKING ABOUT FREEDOM OF EXPRESSION AND OPINION
The human right to freedom of expression and opinion addresses a number of specifc but
interrelated concepts, each of which can be subjected to differing degrees of restriction by
States:
1. Freedom of opinion
Everyone has the right to hold any opinion or view, regardless of how popular, unpleasant,
or controversial others might fnd that opinion. This is a right that is absolutely protected and
cannot be subjected to any form of restriction by States, as to do so would be to permit State
interference into peoples very minds and thoughts. Essentially, we all have the right to think as
we please and not to be told what or how to think.
2. Freedom of expression
The right to freedom of expression has two distinct parts:
a. Right to impart or share information and ideas of all kinds
b. Right to seek and receive information.
Clearly the right to freedom of expression includes the right to exchange information and
articulate ideas and opinions, as well as to obtain information so that ideas and opinions can be
developed.
Unlike the right to freedom of opinion, the right to freedom of expression carries with it
certain responsibilities and can be subjected to restrictions by the State. This is because the
expression of ideas or exchange of information can sometimes be harmful to others, such as
when people incite hatred against others, or say untrue things that could harm the reputation
of another person. For this reason the State is permitted to impose some restrictions on the
right to expression in the interests of public safety, order, health, morals, or protection of the
fundamental rights and freedoms of others. However, such restrictions must be provided by law
and actually necessary to protect those interests. In addition, any restrictions imposed by the
State should not be so great as to effectively erase the right.
The right to freedom of expression and opinion is critical to the enjoyment of other human rights
by people with disabilities. For example, it would be hard to imagine the forming and effective
functioning of disabled peoples organizations or trade unions, without the ability of members
to participate in the sharing and exchange of information and ideas. Similarly, the ability of
people with disabilities to participate in political and public life, such as through voting and public
service, would be severely hampered if candidates could not express their views and voters
could not access information about the issues. The formation and exchange of ideas is also
essential to the right to education, where research and debate are critical components of many
academic environments. In the same way, the development and exchange of ideas is critical to
the development of culture and can provide an important means of expression. Indeed, unless
people with disabilities enjoy the right to freedom of expression and opinion, no State can
comply with its legal obligation under the Convention on the Rights of Persons with Disabilities,
62
which in Article 3(3) calls for consultation with and active involvement of people with disabilities
in the implementation of the CRPD.

Violations of other human rights can also negatively impact the enjoyment of the right to
freedom of expression and opinion by people with disabilities. For example, lack of access to
education can hamper the opportunities for people with disabilities to acquire knowledge and
learn skills that contribute to developing of ideas and sharing of those ideas with other people.
Violation of the right to privacy may discourage people with disabilities from expressing their
ideas in letters or other forms that they feel may be subject to search or confscation. Such
concerns may be heightened for people who do not enjoy the right to live independently and in
the community but live in institutional settings where the right to privacy may not be suffciently
respected by staff or others living there.
Despite the importance of the right to freedom of expression and opinion, people with disabilities
face numerous barriers to full enjoyment of this right. For instance, many people with
disabilities lack access to information in accessible formats. Although numerous formats and
technologies already exist, these accessible formats are often not widely available, especially
in developing countries where accessible technologies are unaffordable for many people with
disabilities. This is certainly true for mainstream media, where not all television programmes
are broadcast with subtitles, captioning, or inset sign language interpretation for deaf viewers,
or audio description for viewers who are blind or have visual impairments. Few newspapers are
available in Braille in a timely manner for readers who are blind, and fewer still offer content in
plain language suitable for people with intellectual disabilities. Despite the growing use of the
Internet as a source of news and a means of research, many websites remain inaccessible to
people with disabilities. Emerging technologies, such as digital broadcasting and broadband,
have the potential to enhance the accessibility features available to people with disabilities.
However, this potential will only be realised if decision-makers responsible for how information
is distributed are aware of the need to address accessibility and are willing to listen to the views
of product users who have disabilities.
As with other human rights, one of the greatest barriers to enjoyment of the right to freedom
of expression and opinion can be the attitudes of others. Prevailing social attitudes and
stereotypes often create an environment in which the opinions of people with disabilities are
not welcome. Even when they do express themselves, their ideas and opinions may not
be accepted as worthy of consideration on an equal basis with those of others. People with
intellectual and psycho-social disabilities commonly face pressure from others to conform not
only in their way of thinking, but also in their methods of expressing themselves, to a manner
considered more acceptable. Some people with psychosocial disabilities have noted that
forced treatment involving psychotropic medications can interfere substantially with a persons
thought processes, making it diffcult to think clearly and formulate opinions. In some cases the
actual objective of using these therapies is to alter the way people with psycho-social disabilities
think and express themselves, so that their behavior and beliefs do not offend or upset other
people. This treatment is often defended by the argument that it is in the persons best interests
to avoid thoughts, ideas, and opinions that are not rational.
In summary, the right to freedom of expression and opinion is essential to the ability of people
with disabilities to develop as individuals and to participate in societies on an equal basis with
others. However, full enjoyment will remain elusive for people with disabilities as long as
access, attitudinal, and other barriers exist.
Making Information Available in Plain Language
In 2002 Jean Ross and Janet Pringle of the Vocational and Rehabilitation Research
Institute (VRRI) gave a speech to the Plain Language Association International
(PLAIN) called Hey, I can read that! Perspectives on plain language and people
with developmental disabilities. Jean Ross, who self-identifes as someone with
a developmental disability, spoke of some of the reasons why it is important for
information to be available in plain language:
Its not fair when things we need to know are not written so we can read
them. We feel left out. We have to wait for our support workers, or our family
to tell us things. Sometimes they dont have time or they forget. We should
be able to read them for ourselves
Jean and other people with developmental disabilities work with people like Janet in
order to translate information into plain language. This helps to make the content
of the information accessible to as many people as possible. (The information might
still need to be available in alternative formats, such as Braille, in order to make it
fully accessible to all people with other disabilities.) After the information has initially
been translated, the group works together to fgure out what the information is trying
to say and whether it does so in a way that can be understood by everyone. Jean
describes the process as this:
Janet asks two or three of us to work with her. We read the papers out loud,
a little bit at a time. Some of us cannot read at all. Those people listen.
Some, like me, can read well. We talk about what each bit means, and we
say when we do not understand. Sometimes Janet has to help us fnd better
words and sometimes we fnd them ourselves. We all take part. No one is
ever put down. We all have to feel safe together or it would be too hard to
say when we did not understand something. But we know when we say we
do not understand; we help lots of others who do not understand.
1
1 Ross, Jean and Pringle, Janet. Hey, I can read that! Perspectives on plain language and people
with development disabilities. 27 Sept. 2002. Plain Language Association International (PLAIN)
Fourth Biennial Conference Proceedings. http://www.plainlanguagenetwork.org/conferences/2002/
perspect/perspect.pdf ; see also: The Vocational and Rehabilitation Research Institute (VRRI):
http://www.vrri.org
64
EXERCISE 4.1: Enjoying the Right to Freedom of Expression and Opinion
Objective: To understand what it means to enjoy the right to freedom of expression
and opinion
Time: 30 minutes
Think about the typical life activities in which people with disabilities in your community are
engaged. List these responses. (Save this list for further use in Exercises 4.2 and 4.3.
2. Analyze:
Examine this list of life activities and list participants responses:
n In which instances do people with disabilities need access to information in order to
participate fully?
n What kind of information do they need?
n Who is responsible for providing it?
Examine this list of life activities and list participants responses:
n In which instances do people with disabilities need to be able to develop and
communicate opinions in order to participate fully?
n What different methods of communication can you think of that people with disabilities
might use?
3. Prioritize:
1. Divide participants into small groups. Ask them to look at the list of needs identifed in the
Step 2 analysis and decide on the fve most important needs of people with disabilities in
order to enjoy the right to expression and opinion.
2. Bring the group back together and ask them to share and compare their prioritized lists.
Combine these lists to form a list that everyone can agree upon.
3. Explain that this is a frst step in the process of advocacy planning for the right to
expression and opinion. Encourage participate to keep their prioritized lists for later use.
United Nations Global Audit of Web Accessibility
The United Nations commissioned Nomensa, a company specializing in technology
accessibility, to conduct a survey of websites from around the world in order to
obtain an indication of the accessibility of websites that persons with disabilities
might access as part of their daily lives. The survey examined 100 websites from
20 countries, focusing on fve sectors: travel, fnance, media, politics, and retail. It
found that the vast majority of those websites did not currently meet internationally
established accessibility standards and that many would need considerable work to
upgrade them. Indeed, only 3 of the 100 websites met the basic accessibility rating.
The following excerpts from the report represent some of the surveys fndings, and
indicate barriers to access experienced by a variety of people with disabilities:
93% did not provide adequate text descriptions for graphical content,
causing problems for visually impaired people;
78% used foreground and background color combinations with poor
contrast, making it diffcult for people with mild visual conditions such as
color blindness to read information;
97% used link text that did not clearly indicate the destination of the link,
causing confusion for people with learning diffculties; and
92% did not provide a keyboard shortcut allowing people to bypass large
blocks of content, causing diffculty and frustration for people with physical
impairments.
2

EXERCISE 4.2: Understanding Barriers to Freedom of Expression
and Opinion
Objective: To identify barriers to freedom of expression and opinion faced by
people with disabilities
Time: 40 minutes
Materials: List of life activities generated in Exercise 4.1
1. Analyze:
Using the list of life activities generated in Exercise 4.1, ask each participant (or pair of
participants) to choose one activity from the list and to evaluate the barriers people with
disabilities might face in either accessing information or expressing their thoughts, opinions, and
preferences when they participate in that activity.
2. Role Play:
Ask each participant or pair to report on their analysis and to role play at least one fctional
example of the barriers a person with disabilities might face in accessing information and/or
expressing and communicating their opinions when they participate in that particular life activity.
2 United Nations Global Audit of Web Accessibility, Executive Summary. Nov. 2006. United Nations Depart-
ment of Economic and Social Affairs: Social Policy and Development. http://www.un.org/esa/socdev/en-
able/documents/execsumnomensa.doc ; see also: United Nations DESA Enable Global Audit page:
http://www.un.org/esa/socdev/enable/gawanomensa.htm
Nomensa: http://www.nomensa.com/about.html
66
3. Discuss:
What are the consequences when people with disabilities are excluded from accessing
or imparting information in the life activities examined?
To the person with disability?
To society as a whole?
Which barriers have the greatest effect on people with disabilities?
What can be done to eliminate these most signifcant barriers to accessing or imparting
information?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT FREEDOM OF
EXPRESSION AND OPINION?
Article 19 of the Universal Declaration of Human Rights (UDHR) provides a concise
description of the right to freedom of expression and opinion that captures the essential
elements, including the right to hold opinions without interference, as well as the right to
receive and impart information and ideas through any media and regardless of frontiers.
3

Thus, there are no geographic restrictions on the right, and the right can be enjoyed regardless
of the methods or media used.
The International Covenant on Civil and Political Rights (ICCPR)
4
provides further
elaboration of the right, addressing in more detail when and how States may place restrictions
on its enjoyment. Article 19 of the ICCPR does not permit restrictions on the freedom of people
to hold opinions, but does permit restrictions on the right to freedom of expression, in order
to respect the rights or reputations of others, national security, public order, public health, or
morals. As noted by the Human Rights Committee in its General Comment on the right, any
such restrictions must be provided by law and necessary to protect the interests permitted by
the article. They may not put in jeopardy the right itself or be imposed arbitrarily.
Other international human rights conventions do not provide the same level of detail about
the freedom of expression and opinion as that given in the ICCPR. For example, Article 5 of
the International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD)
5
merely notes that States must prohibit and eliminate racial discrimination and
guarantee equality in enjoyment of the right to freedom of opinion and expression. Article 13
of the Convention on the Rights of the Child (CRC)
6
largely repeats the ICCPR provisions,
though Article 12 states that children should be able to express their views on matters
concerning them and that those views should increasingly be taken into account as the child
grows in maturity and competence.
The non-legally binding UN Standard Rules on the Equalization of Opportunities for
7
does not specifcally address the right to freedom
of expression and opinion. However, several of its rules address preconditions to equality of
participation that are relevant to the enjoyment of this right:
Rule 1 addresses awareness-raising, which can positively impact the attitudinal barriers
faced by people with disabilities when trying to exercise their right to freedom of
expression and opinion;
5 See http://www.ohchr.org/english/law/cerd.htm
7 See http://www.un.org/ecosocdev/geninfo/dpi1647e.htm
Rule 4 addresses support services and the provision of assistive devices and services
that could be useful to people with disabilities in enjoyment of the right;
Rule 5 addresses accessibility, including access to information and communication;
Rule 10 notes the need to ensure accessibility of literature, flms, and theatre for people
with disabilities to fully enjoy culture.
Article 21 of the Convention on the Rights of Persons with Disabilities (CRPD) does not
address the parameters of the right to freedom of expression and opinion in the same detail as
the ICCPR. Instead it examines specifc issues impacting the ability of people with disabilities
to enjoy the right on an equal basis with others. The article places great emphasis on the
need for information, including information distributed by the mass media or for distribution
to the general public by both public and private actors to be available in accessible formats
and technologies. It also calls for States to accept sign language, Braille, and other means
and modes of communication that people with disabilities choose to use whenever they have
offcial interactions. In recognition of the importance of sign language, Article 21 also calls for
States to recognize and promote the use of sign language. It should be noted that the terms
language and communication used in Article 21 are defned further in Article 2.
Taken as a whole, States obligations with regard to the right to freedom of expression and
opinion include:
1. Obligation to respect the right by refraining from engaging in any act, custom, or
practice that creates barriers to peoples enjoyment of the right (e.g., not prohibiting
people who are deaf from communicating in sign language).
2. Obligation to protect the right by ensuring that non-State or private actors, such as
businesses that distribute information to the general public, do not create or fail to
remove barriers to enjoyment of the right (e.g., repairing inaccessible web pages).
3. Obligation to fulfll the right by requiring States to take proactive action to ensure
enjoyment of the right by people with disabilities.
In short, international human rights law strongly supports the right to freedom of expression
and opinion for people with disabilities, so that they may participate fully in all aspects of life on
EXERCISE 4.3: Understanding Freedom of Expression and Opinion
Objective: To review and understand the right to freedom of expression and opinion
provisions of the CRPD
Time: 45 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to discuss one of the
sections of Article 21.
What does each section require be achieved?
Who is responsible to meet this requirement?
What challenges might there be to implementation?
How can these challenges be overcome?
68
2. Discuss:
Have the groups report on the outcomes of their discussions.
3. Give examples:
Ask for examples of how each of the provisions of Article 21 could be applied to the real life
examples listed and discussed in Exercise 4.1 and 4.2.
4. Discuss:
How can Article 21 of the CRPD be used to set national disability rights agendas and
formulate platforms of action for submission to political parties or government decision-
makers?
What would it mean for people with disabilities if the CRPD were realized in your
country?
The National Association for the Deaf:
Advocating for Freedom of Expression and Opinion
The National Association for the Deaf (NAD) is one of the associations advocating
for the rights of deaf and hard of hearing people in the United States. It has engaged
in a number of advocacy campaigns supporting the increased accessibility of
mainstream media for deaf and hard of hearing people, and has also advocated
for improved ease of communication for deaf and hard of hearing people. For
example, it has participated in the following activities:
Working with Congress and the Federal Communications Commission to
establish new rules on captioning for television broadcasters, in order to
increase the number of captioned television programs
Participating in the Coalition for Movie Captioning (CMC), an umbrella
organization of disabled peoples organizations that advocates for movies
in theatres to be available with quality captions, including on the day and
date of release of new movies
Bringing complaints against companies who refuse to allow customers to
communicate with them via telephone relay a service that enables people
to type over the telephone system, facilitating communication between both
deaf and hearing people
Advocating that broadcasters and others who provide information in
emergency situations ensure that such information is accessible to people
who are deaf or hard of hearing.
Campaigning for the right of deaf children to learn sign language and for
parents of deaf children to be supported should they choose for their child
to learn sign language (e.g., through access to sign language learning
programs if the parents are hearing).
8
8 National Association of the Deaf. http://www.nad.org
EXERCISE 4.4: Making a Commitment to Promote Freedom of
Expression and Opinion
Ask if after learning about the right to freedom of expression and opinion for people with
disabilities, the group is ready to think about taking concrete action;
however small, that she or he is willing and able to take in the next month to promote the
right to freedom of expression and opinion of people with disabilities to ensure their full
enjoyment of all human rights.
USEFUL RESOURCES ON FREEDOM OF EXPRESSION AND OPINION
American Council of the Blind, helpful resources for blind and visually impaired persons:
http://www.acb.org/resources/index.html
General Comment No. 10 of the Human Rights Committee: http://www1.umn.edu/
humanrts/gencomm/hrcom10.htm
Inclusion Daily Express:
www.inclusiondaily.com/archives/04/09/15/091504sacourtaccess.htm
Manila Declaration on Accessible Information and Communication Technologies (ICT):
http://www.un.org/esa/socdev/enable/maniladecl.htm
National Association of the Deaf: http://www.nad.org
The Plain Language Association International (PLAIN):
http://www.plainlanguagenetwork.org
United Nations DESA Enable Global Audit:
http://www.un.org/esa/socdev/enable/gawanomensa.htm
United Nations Global Audit of Web Accessibility, Executive Summary (2006):
http://www.un.org/esa/socdev/enable/documents/execsumnomensa.doc
The Vocational and Rehabilitation Research Institute (VRRI):
http://www.vrri.org
W3C Web Accessibility Initiative policies addressing web accessibility:
http://www.w3.org/WAI/Policy
70
CHAPTER 5: THE RIGHT TO LIFE AND
PROTECTION IN SITUATIONS OF RISK
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
Article 10, Right to Life:
States Parties reaffrm that every human being has the inherent right to life and
shall take all necessary measures to ensure its effective enjoyment by persons
with disabilities on an equal basis with others.
Article 11, Situations of Risk and Humanitarian Emergencies:
States Parties shall take, in accordance with their obligations under international
law, including international humanitarian law and international human rights
law, all necessary measures to ensure the protection and safety of persons with
disabilities in situations of risk, including situations of armed confict, humanitarian
emergencies and the occurrence of natural disasters.
OBJECTIVES
Defne the right to life
Defne the right to protection in situations of risk and humanitarian emergencies
Understand the interrelationship between the right to life and protection in
situations of risk and other human rights
Identify ways in which the right to life of people with disabilities and protection in
situations of risk have been promoted or denied
Describe the provisions regarding the right to life and protection in situations of risk
and humanitarian emergencies in the UN Convention on the Rights of Persons with
Disabilities (CRPD).
For disabled people like me who are constantly up against societys
belief that our lives are of less quality, the right to life article is
literally a matter of life and death. To participate in its development is
of vital importance.
Jane Campbell, British Disability Rights Advocate speaking about the right to life
provision in the UK Human Rights Act
71
GETTING STARTED: THINKING ABOUT THE RIGHT TO LIFE AND
PROTECTION IN SITUATIONS OF RISK
Disability is profoundly linked to the right to life. People with disabilities are frequently denied
their right to life, as well as their right to protection in situations of risk in many contexts, such as
natural disaster, armed confict, and other humanitarian emergencies.
Harmful cultural practices may directly violate the right to life of people with disabilities. Where
resources are limited, preferential treatment of boys in the provision of food and medical
attention directly impacts girls with disabilities and their right to life. In some cultures and
societies, women and girls with disabilities are, like other women, subjected to practices such
as widow burning and dowry killings. The practice of female genital mutilation often results
in death from hemorrhaging and can create life-threatening conditions later for women during
childbirth.
Other practices likewise implicate the right to life of people with disabilities. The practice of
euthanasia in many countries takes the form of withholding life-saving treatment to a newborn
child with a disability. Disability organizations have exposed cases where adults or children with
disabilities have died at the hands of medical personnel who unilaterally decided that their life
was not worth living. These cases have included the imposition of a do not resuscitate order
(DNR order) on the medical chart of patients with non life-threatening health care conditions.
(See text box below). A DNR order is intended to prevent attempts at Cardiopulmonary
Resuscitation (CPR) if a patient goes into cardiac or respiratory arrest.
Barriers to Enjoyment of the Right to Life
Attitudes that life with a disability is not worth living
Life-threatening conditions in institutions and orphanages
Harmful cultural practices such as female genital mutilation, dowry killing and
widow burning
Selective abortion based on disability
Infanticide and neglect of newborn infants with disabilities
Imposition of do not resuscitate (DNR) orders
Withholding of life-sustaining treatment for people with disabilities in hospital
settings
Domestic violence, particularly against women and girls with disabilities
Failure to be inclusive of people with disabilities in disaster management,
programs for refugees and internally displaced persons, and other humanitarian
programs
Lack of access to adequate food, clean water, shelter and basic survival
needs
Disability advocates have invoked the right to life in order to oppose physician-assisted suicide.
Other practices of concern include abortion on the basis of disability. In developing countries,
the mortality rate of children with disabilities is frequently disproportionately high because
such children may not receive adequate health care, including immunization from childhood
72
diseases. Health care providers frequently underestimate the quality of life enjoyed by people
with disabilities. Consequently, people with disabilities are sometimes not given life-saving
interventions that would otherwise be provided to patients.
The enjoyment of the right to life by people with disabilities is inextricably linked to the
enjoyment of other human rights. For example, if a person with a disability has no access to
health care or rehabilitation services, their right to life may well come under threat. Subjecting
people with disabilities to dangerous working environments or to conditions that amount to
forced labor is likewise potentially life threatening.
Access to information is another precondition to the enjoyment of human rights and, in some
instances, is directly related to the enjoyment of the right to life. Thus, the failure of offcials to
provide important information in accessible formats (e.g., HIV/AIDS prevention programs or
emergency evacuation procedures in times of natural disaster) may infringe upon the right to
life of people with disabilities. These illustrations demonstrate that human rights are indivisible,
interdependent, and interconnected. What is clear is that without respect for the right to life, all
other human rights are without meaning.
Guiding Principles on Do Not Resuscitate Orders
The following Guiding Principles were developed by the British Columbia Association
for Community Living to ensure that people with developmental disabilities are not
subjected to the inappropriate use of do not resuscitate orders (DNR orders):
A disability is not a terminal illness;
The decision of whether someone is at the end stages of life must be
made independently of the persons disability;
All people at the end stages of life have the right to care and comfort
measures, with an emphasis on alleviating pain;
DNR orders should only be considered when someone is in the
irreversible terminal stages of an illness or when the process of giving
CPR could potentially cause signifcant trauma to the individual;
Physicians should seek consent for a DNR order from the individual
or an authorized substitute decision-maker before the order is placed
on a persons medical chart;
People with developmental disabilities who are receiving treatment for
a treatable health care condition should be given CPR, unless the
process of giving CPR could potentially cause signifcant trauma to
the individual.
1

EXERCISE 5.1: Threats to Life
Objective: To understand threats to the right to life of people with disabilities
Time: 30 minutes
1 Do Not Resuscitate Orders Policy. British Columbia Association for Community Living.
http://www.bcacl.org/index.cfm?act=main&call=788F8794
73
1. Introduce:
Explain that people with disabilities face many threats to their life, not necessarily from their
disability but because of it. These may include the dangers of living in institutions, decisions
made by the medical profession, social attitudes, and public policies like eugenics. Endemic
poverty may also threaten their quality of life and health, along with armed confict or natural
disaster.
2. Discuss:
Divide participants into pairs and ask each pair to:
Share some examples from their own experiences or the experiences of people in their
communities of such dangers to survival;
Try to explain the cause of such threats to the survival of people with disabilities;
Refer to Barriers to the Enjoyment of the Rights to Life (see text box above) or
formulate a new list from responses of group.
3. Report/Analyze:
Ask each pair to report the causes they recognized for such threats to life. List these on a chart/
blackboard as they are reported.
Ask participants if these causes can be grouped into categories (e.g., poverty, cultural or
societal attitudes, medical decisions, public policies);
What actions could be taken to address these causes and protect the right to life of
people with disabilities? Are there preventive measures that may be taken to reduce life-
threatening situations? Are there advocacy strategies that might help?
WHAT DOES HUMAN RIGHTS LAW HAVE TO SAY ABOUT THE RIGHT TO
LIFE AND PROTECTION IN SITUATIONS OF RISK?
The right to life is the most fundamental of all human rights. Article 3 of the Universal
Declaration of Human Rights (UDHR) provides that [e]veryone has the right to life, liberty and
security of person.
2
Article 6(1) of the International Covenant on Civil and Political Rights
(ICCPR) provides:
Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
3
The right to life is not absolute, however. For example, the death of a combatant during a
lawful act of war under international humanitarian law does not violate the right to life. In certain
limited circumstances, such as self-defense, a law enforcement offcial may take the life of
someone. Some jurisdictions permit capital punishment for serious crimes, a practice which
Article 6 of the ICCPR acknowledges but also narrowly limits in those countries where the
practice exists.
When a state recognizes the right to life in international law, it assumes various duties. The
UN Charter prohibits the threat or use of force by any State against another State, except in
exercise of the inherent right of self-defense.
4
The Human Rights Committee, which monitors
2 See http://www.unhch.ch/udhr/lang/eng.htm
3 See http://www.ohchr.org/english/law/ccpr-one.htm
4 See http://www.un.org.aboutun/charter
74
the ICCPR, has stated in General Comment 6 that States have the supreme duty to prevent
wars, acts of genocide and other acts of mass violence causing arbitrary loss of life.
5
The
States obligations include making every effort to avert the danger of war and to strengthen
international peace and security. These obligations constitute the most important condition
for the safeguarding of the right to life. States may not limit the right to life during times of
war or emergency and are required to provide protection and safety to persons who are non-
combatants as a matter of international humanitarian law.
States must also refrain from action that may intentionally take away life. The Human Rights
Committee has condemned the practice of infanticide for infants with disabilities and noted that
it is gravely concerned at reports that new-born handicapped infants have had their lives ended
by medical personnel.
6
The Committee on the Rights of the Child urged States to review
and amend laws affecting disabled children which are not compatible with the Convention,
for example legislation which denies disabled children an equal right to life, survival and
development (including, in those countries which allow abortion, discriminatory laws on abortion
affecting disabled children, and discriminatory access to health services).
7

The Human Rights Committee has stressed that the protection of the right to life requires
that States adopt positive measures designed to protect life. These may include measures
to increase life expectancy, decrease infant and child mortality, combat disease, and provide
rehabilitation, adequate food, clean water shelter, and other basic survival needs.
Rule 2.3 of the UN Standard Rules requires that States should ensure that persons with
disabilities, particularly infants and children, are provided with the same level of medical care
within the same system as other members of society.
8

The CRPD refects these concerns about the right to life of people with disabilities. In Article
10, the CRPD recognizes the inherent right to life for people with disabilities and, in addition,
requires States to take all necessary measures to ensure the enjoyment of that right by
people with disabilities, on an equal basis with others. Article 11 of the CRPD requires
positive measures of protection and safety for people with disabilities affected by situations
of humanitarian emergencies and risk. Article 11 is closely connected to Article 10 insofar as
war and other acts of mass violence continue to take the lives of thousands of innocent human
beings every year.
In sum, States have the obligation to respect, protect, and fulfll the right to life of people
with disabilities and their right to protection and safety in situations of risk and humanitarian
emergency. In meeting their obligation to respect the right to life of people with disabilities,
States must refrain from directly or indirectly infringing on disabled peoples enjoyment of the
right to life. States must also refrain from policies that enforce discriminatory practices that may
impact their right to life, including in times of humanitarian emergency.
The obligation to protect includes, among other things, the adoption of all appropriate legislative,
administrative, and other measures to prevent threats to the life of people with disabilities by
state offcials, as well as third parties. Protective measures could include careful monitoring of
all settings where people with disabilities live or receive services, whether publicly or privately
operated. Transitioning people with disabilities into community-living situations with appropriate
5 See http://www.umn.edu/humanrts/gencomm/hrcom6.htm
6 Concluding Observations of the Human Rights Committee for The Netherlands. UN Doc. CCPR/CO/72/
NET (2001). http://www1.umn.edu/humanrts/hrcommittee/netherlands2001.html
7 See http://www.unhchr.ch/html/menu2/6/crc/doc/days/disabled/pdf
8 See http://www.ohchr.org/english.law/opportunities.htm
75
supports and out of institutions would also constitute protective measures. In the context
of humanitarian crisis situations, protective measures could include disaster preparedness
planning with the participation of people with disabilities and the provision of services that are
inclusive of people with disabilities, such as appropriate evacuation procedures and refugee
assistance programming.
The obligation to fulfll the right to life and protection in situations of risk requires States to,
among other things, adopt positive measures to ensure the enjoyment of the right to life. Such
measures might include information campaigns that seek to dispel the myth that people with
disabilities have lives not worth living or training programs for disaster preparedness and relief
workers that include the care of people with disabilities in the general population.
EXERCISE 5.2: What Rights to Life and Protection in Situations of Risk
Does the CRPD Affrm?
Objective: To review and understand Articles 10 and 11
Time: 30 minutes
1. Review:
Assign either Article 10 or Article 11 of the CRPD to small groups of participants. Ask each
group to discuss and paraphrase its article in common language and give some examples of
how that right could be enjoyed and make a difference for people with disabilities.
Read each section of Articles 10 and 11 aloud and ask the assigned group to give their
Especially ask:
What does inherent mean?
What might necessary measures refer to in each article?
Ask for examples of armed confict, humanitarian emergencies, and natural disasters,
focusing on those experienced by this community.
Write the fnal paraphrase of Articles 10 and 11 on chart paper and post.
After each section ask for examples of how that right could be enjoyed and make a difference
for people with disabilities. What necessary measures might be implemented by States to
ensure the right to life and protection in situations of risk? Encourage participants to be as
specifc as possible.
3. Discuss:
How can Articles 10 and 11 of the CRPD be used to set national disability rights agendas and
formulate platforms of action for submission to political parties or government decision-makers?
What types of actors might disabled peoples organizations target for advocacy around the right
to life and protection in situations of risk (e.g., Ministries of Health, humanitarian and disaster
assistance organizations, the United Nations High Commissioner for Refugees)?
76
THREATS TO LIFE IN INSTITUTIONS
People with disabilities living in institutions are at high risk for human rights abuse, including
infringements on the right to life. Placing people in large-scale institutions, instead of providing for
living arrangements within the community, is isolating and makes close monitoring of conditions
nearly impossible. Mental Disability Rights International (MDRI) has documented egregious
violations of the right to life for children and adults with psycho-social and other types of disabilities
who are housed in dismal and dangerous institutions. The human rights reports published by MDRI
reveal unhygienic conditions of detention, excessive use of physical restraints, lack of adequate food,
water, clothing and medical care, and other life dangerous and life-threatening conditions, including
instances of patients freezing to death. People with disabilities face other dangers in institutional
settings. In emergency situations, institutions have so often failed to take appropriate action when
doing so could have averted threats to life. Recent cases in Russia and Hurricanes Katrina and
Rita in the United States reveal that all too frequently, people with disabilities are simply left behind.
(See text box). MDRI and many other disability rights organizations advocate for the closure of such
facilities and enjoyment of the right to live independently and in the community, with appropriate
supports (See also Chapter 6, Freedom from Torture and Other Forms of Abuse, p. 83).
Lives Lost in Minnesota Institutions:
The Remembering with Dignity Campaign
Remembering with Dignity is a coalition of disability rights and advocacy organizations founded
in 1994 working to honor people who lived and died in Minnesotas state institutions. The goals of
the campaign include:
Restoring over 12,500 unmarked graves in institution cemeteries. Graves currently identifed
with only a numbered cement block or with no marker at all will be honored and marked with
the persons name, date of birth and date of death.
Collecting and recording oral histories of people with disabilities, particularly those who have
lived in institutions.
Organizing people with disabilities to ensure full integration in community life and to prevent a
return to institutionalization.
Raising public awareness about people with developmental disabilities.
Demanding an apology from the State of Minnesota for its treatment of people with disabilities
kept in institutions.
Campaign Achievements:
Obtained release of the names of people buried in the Faribault cemeteries by working with the
Department of Human Services, Attorney General's Offce, Disability Law Center and Faribault
Regional Center.
Reconstructed incomplete lists of the earliest burials at the former Faribault State Hospital.
There is now a more complete record of the individuals who were buried anonymously there.
Between 1997 and 2005, the state legislature approved the granting of $725,000 for marking
12,500 graves of people buried in state hospital cemeteries.
Placed over 2500 gravestones at cemeteries of former state hospitals.
State cemetery in Cambridge was offcially named the Garden of Remembrance.
Introduced a resolution asking the state legislature for a formal public apology to Minnesotans
who were institutionalized and apology from the Governor in recognition of harms caused by
massive institutionalization.
9
9 Remembering with Dignity, Read the Apology Resolution. 2005. Advocating Change Together (ACT).
http://www.selfadvocacy.com/programs_rwd_apology.htm
77
EXERCISE 5.3: Advocating for Community-Based Living

Objective: To consider strategies for addressing threats to the right to life of people with
disabilities living in institutions and advocacy on community-based living
Time: 30 minutes
1. Introduce:
Explain that people with disabilities are still housed in large scale institutions in many parts of
the world and that community-based living is still a new phenomenon in many places. Disability
groups such as Mental Disability Rights International in the US and the Mental Disability
Advocacy Center in Hungary are working to expose abuses in institutional settings and promote
community-based living.
2. Discuss:
Divide participants into pairs and ask them to:
Share examples of situations in their own community/country/region where people with
disabilities are not being provided with the opportunity to live in the community;
Identify threats to the life and survival of persons with disabilities living in institutions;
Identify the barriers that continue to prevent people with disabilities from living in the
community.
3. Report/Analyze:
Ask each pair to report on the situations identifed, the threats to life/survival, and the barriers
that prevent community living. List these on the chart as they are reported.
What actions could be taken to address these issues and protect the right to life of
people with disabilities?
What type of advocacy might be most effective (e.g., education, dialogue, documenting
and reporting, media campaigning, court action)?
Who needs to be informed in order to take action?
Russian Fire Safety Failures
Russia records nearly 18,000 fre deaths a year, several times the per capita rate in
many other countries. In some of the worst cases, people with disabilities are the
most affected. For example, in Russia on three days in December 2006:
On December 9, 46 women died in a fre in Moscow in a drug rehabilitation
institution in southern Moscow. Doors were allegedly locked, and the metal
barred windows could not be opened.
On December 11, eight people died in a fre at a psychiatric institution in the
town of Taiga, Siberia.
Also on December 11, a fre broke out in an institution for children with
psycho-social and intellectual disabilities, but all escaped serious injury.
10

10 Russia: Government must establish independent investigation into hospital fres. 12 Dec. 2006. Disability
World. http://www.disabilityworld.org/01_07/russianfres.shtml
78
EUGENICS AND NAZI-ERA MASS KILLING
While people with disabilities throughout the ages and in most societies have faced stigma
and discrimination on account of their differences, the rise of the eugenics movement in
America and Europe during the late nineteenth century led to the specifc targeting of people
with disabilities for widespread abuses, and ultimately, mass murder in Nazi Germany.
Eugenicists warned that the birthrate of the ft and talented members of society had declined
to an alarming extent, while less-desirable members of society continued to multiply. In the
most egregious cases, people with disabilities were singled out for mass murder, as in the
Nazi genocidal programs targeting people with disabilities living in institutions. (See text box)
Children with disabilities were targeted for systematic killing under a separate Nazi program that
preceded the mass murder of adults with disabilities. A decree mandated the reporting of all
newborns and infants under three years of age with suspected hereditary diseases including,
among others, Downs Syndrome, deafness, blindness, paralysis, and congenital physical
disabilities. A variety of particularly horrifc killing methods were used, including massive lethal
injection to the heart, poison administrated over an extended period of time, gassing with
cyanide or chemical warfare agents, starvation, and exposure. The latter two methods were
sometimes selected so that doctors could attribute the death to natural causes or routine
illness such as pneumonia. Estimates suggest that at least 5,000 children with disabilities were
killed under the euthanasia program during World War II. More recently, human rights reports
have exposed eugenics-like programs in North Korea where people with disabilities are sent to
dismal internment camps and are categorized and then separated according to their disability.
For example, camps exist for persons of short stature who are rounded up and relocated and
are prohibited from marrying or having children. People with mental disabilities are detained
in camps known as Ward 49 where they endure particularly harsh and life threatening
conditions.
11

SITUATIONS OF RISK: NATURAL DISASTER AND ARMED CONFLICT
Recent humanitarian emergencies both natural disasters such as the Asian Tsunami and
crises resulting from armed confict such as Kosovo, Liberia, and Iraq disclose the failure of
large-scale assistance operations conducted by international agencies to respond appropriately
to the needs of disabled benefciaries. A UN commissioned review of overall humanitarian
responses and the Tsunami Evaluation Coalition report found that transparency, communication,
and accountability to affected populations was notably lacking in relief efforts.
12
These reviews
suggest that humanitarian organizations were largely unprepared and ill-equipped to address
even the most basic needs of people with disabilities in the provision of shelter, food, water, and
health care services.
Likewise, Hurricanes Katrina and Rita in the United States demonstrated the failure of US
federal-level disaster preparedness for meeting the needs of persons with disabilities. During
Hurricane Katrina and its aftermath, people with disabilities were trapped in their homes for
days and provided with completely inadequate medical care in shelters. Many disabled people
died as a result. Later, they were often unable to access assistance programs. For example,
11 North Korea Puts Disabled in Camps. 10 Nov. 2006. Disabled Peoples International. http://v1.dpi.org/
lang-en/resources/details?page=753
12 Cosgrave, John. Tsunami Evaluation Coalition: Initial Findings. Dec. 2005. Tsunami Evaluation
Coalition. http://www.tsunami-evaluation.org/NR/rdonlyres/
576D8E84-27DB-44DC-8663-83AB9D5BF614/0/lowresA520060221.pdf
79
shelters provided to survivors were not accessible to people who use wheelchairs.
13

Armed confict, whether international or national in character or localized confict involving
militias and gangs, presents a major threat to human life and security. Confict is a source of
disabling conditions of all kinds and can exacerbate or create secondary disabilities for people
with disabilities. There are many adverse effects of confict on people with disabilities, including
the break-up of support networks of family and community, displacement or abandonment, and
destruction of health, rehabilitation, and transportation infrastructure. The devastating impact
of armed confict on the mental and psycho-social well-being of the affected population is also a
major risk factor.
Operation T-4
In 1933, the German Ministry of Justice proposed legislation authorizing physicians to
grant mercy deaths in order to end the tortures of incurable patients, upon request, in the
interests of true humanity. The legislation was never formally enacted, yet its objectives
not euthanasia but the mass killing of people with disabilities were implemented in the
form of a program known as Operation T-4.
Under the top secret T-4 program, patients in all government- and church-run sanatoria or
nursing homes with a wide range of physical, sensory, and mental disabilities perceived to
be hereditary in nature were targeted for extermination. Included were those with blindness,
deafness, epilepsy, intellectual disabilities, autism, depression, bipolar disorder, mobility
impairments, or congenital disabilities. The pool of victims later expanded to include sick
residents of poorhouses and old age homes.
The T-4 program served as a testing ground for the Nazi killing machine. At the outset
T-4 victims were killed by lethal injection, but they soon became the frst victims of an
experimental gas chamber at Brandenberg Prison. In a test run in January 1940, patients
diagnosed with mental disabilities were gassed to death in an experiment intended to
show the effectiveness of poison gas over other methods of killing. Nazi techniques of
outftting killing chambers with false showerheads and bathroom tiling developed under
the T-4 program were later used extensively in the notorious death camps like Auschwitz
and Birkenau.
14

Although many international documents recognize that persons with disabilities are a
particularly at-risk population in times of humanitarian crisis, few specifc policies and practices
have resulted in humanitarian action. Nonetheless, international humanitarian assistance
organizations, including both UN specialized agencies and large private voluntary organizations,
do identify their work as rights-based and protection-oriented. Few of these groups have
any disability-specifc policies and staff members are ill-equipped to accommodate people with
disabilities in their programming. Advocacy by disabled peoples organizations is an essential
tool in ensuring that humanitarian assistance programs take into account the specifc needs of
people with disabilities in their preparation for and response to humanitarian crises. People with
13 See http://www.nobodyleftbehind.org
14 Lord, Janet E. The Application of the Laws concerning Genocide and Crimes against Humanity to People
with Disabilities in Encyclopedia of Genocide and Crimes against Humanity, (Dinah L. Shelton, ed., Mac-
millan Reference USA, 2004).
80
disabilities and their representative organizations must participate in all programs designed to
reach affected populations in times of crisis.
EXERCISE 5.4: People with Disabilities in Situations of Risk
Objective: To consider the needs of persons with disabilities in natural disasters and identify
strategies to enhance the protection of people with disabilities in emergency
preparedness
Time: 45 minutes
Materials: Chart paper and markers or blackboard and chalk (optional)
1. Brainstorm:
Ask participants to identify natural disasters that can take place in their community (e.g.,
blizzard, tornado, hurricane, earthquake). List these. Ask the group to create three profles
of people with disabilities in their communities. Encourage diverse profles, including different
ages, disabilities (including psycho-social disability), ethnic minority status, and living
arrangements (e.g., living alone, in an institution, with family). Collect the profles and select a
diverse sample to use in role plays.
2. Imagine:
Divide participants into small groups and give each group a profle with these instructions: Your
group is going to role play what might happen in a typical natural disaster.
Choose one of the typical disasters identifed in Step 1 to role play using the profle
you have received. What really happens in your community in these crises (e.g., loss
of electricity, gas or water, loss of most forms of communication, loss of assistance
devices such as artifcial limbs, crutches, hearing aids, eye glasses, loss of means of
transportation, inability to meet basic needs such as food, water, shelter, latrines, and
health care services)?
One person should play the person with disability and others should develop support
(or non-support) roles (e.g., family member, neighbor, police, relief worker, medical
personnel).
You may choose to role play a worst-case scenario, a best-case scenario, or both.
3. Present:
Ask each group to present its role play. Afterward, form a panel of those who took the role of the
person with disability and interview them about their experiences.
What kinds of responses were or would have been helpful in this situation?
What kinds of responses were or would have been unhelpful?
4. Discuss:
Emphasize that although people with disabilities have a human right to life and that States
must take specifc measures to ensure their protection and safety in emergencies, the needs of
people with disabilities are often overlooked in real crises or situations of armed confict.
What can be done to ensure protection of this right?
Who is responsible to see that this protection is provided?
Does your community have a disaster preparedness plan?
Does it include such protections? What can you do to help frst responders and aid
workers to better include disability issues in their work?
Optional: Have each group present a disaster preparedness plan that takes into
account the needs of persons with disabilities or a checklist of tips for humanitarian
81
workers. (For examples of checklists, see text box below and the following website:
http://www.nobodyleftbehind.org).
Checklist for Community Disaster Preparedness for
Persons with Mobility Impairments
Do get involved in public disaster planning in your community.
Dont wait until a disaster, and people with disabilities are left behind.
Do get prepared at home and then expand preparedness to public settings.
Dont assume evacuation plans exist for people with disabilities.
Do form an Accessibility Committee at work and other public places.
Dont assume you will be evacuated with everyone else.
Do explore evacuation options with emergency managers and others.
Dont overlook alternatives, such as evacuation chairs.
Do share the plan with all those in the building/area and then practice it.
Dont wait until the disaster to raise awareness on disability issues.
Do learn about disasters and share that knowledge.
Dont forget to check shelter accessibility and service animal provisions.
Do talk to local emergency managers about disability rights.
Dont wait to train and educate others about the plan procedures.
Do initiate talking to managers, responders and Red Cross/Red Crescent.
Dont forget to develop a network of supporters who can assist you.
Do remember to participate so that Nobody is Left Behind!
15
DISABILITY ADVOCACY ON THE RIGHT TO LIFE
Disability advocacy has, in recent years, begun to address how a growing right to die or
assisted suicide movement may impact the right to life of people with disabilities. These
movements claim to provide people with signifcant and/or terminal illnesses or disabilities the
right to choose death according to their own timing and place. The major question of concern
for disability advocates is whether death in such cases is really a free and informed choice or
merely a response to external pressure and negative messages about the burden of disability
or assumptions about quality of life. Some disability organizations, such as the US-based
group, Not Dead Yet,
16
are confronting the right to die movement and challenging the apparent
devaluation of the life of a person with a disability. Such organizations oppose attempts to
legalize physician-assisted suicide and address other medical and bioethics issues. Other
disability advocates are addressing the right to life in other contexts, such as working to ensure
that people with disabilities have access to quality health care, including immunization programs
or health education. Still others are working on ensuring that emergency preparedness
addresses the needs of people with disabilities in a variety of situations of risk. In these, and
many other contexts, activists with disabilities must work in cooperation with other stakeholders
to advocate on right-to-life issues.
15 Individual Disaster Preparadness, Disaster Dos and Donts Checklists. Nobody Left Behind: Disaster
Preparadness for Persons with Mobility Impairments. http://www.nobodyleftbehind2.org
16 Not Dead Yet. notdeadyet.org. 2005. http://www.notdeadyet.org/docs/about.html
82
EXERCISE 5.5: Making a Commitment to Promote the Right to Life and
Protection in Situations of Risk
Ask if after learning about the human right of people with disabilities to life and
protection in situations of risk, the group members are ready to think about taking
concrete action;
the human right of people with disabilities to the right to life and protection in situations
of risk.
To plan advocacy initiatives for the human rights of people with disabilities, see Part 3,
Advocacy! Taking Action for the Human Rights of People with Disabilities, p. 229.
USEFUL RESOURCES ON THE RIGHT TO LIFE AND PROTECTION IN
SITUATIONS OF RISK:
An ADA Guide for Local Governments: Making Community Emergency Preparedness
and Response Programs Accessible to People with Disabilities. US Department of
Justice:
http://www.ada.gov/publicat.htm#Anchor-Emergency.
British Columbia Association for Community Living: http://www.bcacl.org/index.
cfm?act=main&call=788F8794
International Disability Rights Monitor, Disability and Tsunami Relief Efforts in India,
Indonesia and Thailand (Center for International Rehabilitation: September 2005): http://
www.disability.ws/idrm
Mental Disability Rights International: http://www.mdri.org
National Organization on Disability, Disaster Readiness Tips for People with Disabilities
Series: http://www.nod.org
Nobody Left Behind Research Project, Research and Training Center on Independent
Living, Lawrence, Kansas: Final Report of the Nobody Left Behind: Preparedness for
Persons with Mobility Impairments Research Project (M.H. Fox et al. 2007):
http://www.nobodyleftbehind.org
Not Dead Yet: http://www.notdeadyet.org
UN Human Rights Committee, General Comment No 6, the Right to Life (Article 6),
16
th
Session, 1982:
http://www.unhchr.ch/tbs/doc.nsf/084ab9690ccd81fc7c12563ed0046fae3?Opendocument
83
CHAPTER 6: FREEDOM FROM TORTURE
AND OTHER FORMS OF ABUSE
Article 15, Freedom from torture or cruel, inhuman or degrading
treatment or punishment
1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his or her free consent to
medical or scientifc experimentation.
2. States Parties shall take all effective legislative, administrative, judicial or other
measures to prevent persons with disabilities, on an equal basis with others, from
being subjected to torture or cruel, inhuman or degrading treatment or punishment.
Article 16, Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative, social, educational
and other measures to protect persons with disabilities, both within and outside the
home, from all forms of exploitation, violence and abuse, including their gender-based
aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of
exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender-
and age-sensitive assistance and support for persons with disabilities and their
families and caregivers, including through the provision of information and education
on how to avoid, recognize and report instances of exploitation, violence and abuse.
States Parties shall ensure that protection services are age-, gender- and disability-
sensitive.
3. In order to prevent the occurrence of all forms of exploitation, violence and abuse,
States Parties shall ensure that all facilities and programmes designed to serve
persons with disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive
and psychological recovery, rehabilitation and social reintegration of persons
with disabilities who become victims of any form of exploitation, violence or
abuse, including through the provision of protection services. Such recovery and
reintegration shall take place in an environment that fosters the health, welfare, self-
respect, dignity and autonomy of the person and takes into account gender- and
age-specifc needs.
5. States Parties shall put in place effective legislation and policies, including women-
and child-focused legislation and policies, to ensure that instances of exploitation,
violence and abuse against persons with disabilities are identifed, investigated and,
where appropriate, prosecuted.
84
OBJECTIVES
Defne the right to be free from torture or cruel, inhuman, or degrading treatment or
punishment
Defne the right to be free from exploitation, violence, and abuse
Explain the importance for people with disabilities of the rights relating to freedom from
torture and other forms of violence
Understand the interrelationship between the right to be free from torture and other forms
of violence and other human rights
Identify ways in which the prohibitions against torture and other forms of violence have
been violated and efforts to prevent such violations
Describe the provisions regarding the right to be free from torture or other cruel,
inhuman, or degrading treatment or punishment and the right to be free from exploitation,
violence, and abuse.
GETTING STARTED: THINKING ABOUT THE RIGHT TO BE FREE FROM
TORTURE AND OTHER FORMS OF VIOLENCE
People with disabilities are particularly at risk for exposure to torture and other forms of
cruel, inhuman, or degrading treatment or punishment. Likewise, people with disabilities are
vulnerable to exploitation, violence, and abuse. Many violations of these kinds against people
with disabilities go unnoticed given their frequent occurrences in institutionalized settings or
other places which are isolated and hidden from public scrutiny, such as private and group
homes, detention centers, and prisons. Like all human beings, people with disabilities have the
right under human rights law to be free from all of forms of violence and abuse.
The enjoyment of the right of people with disabilities to be free from torture and other forms of
violence is also related to the enjoyment of other human rights. For example, if a person with
a disability is subjected to torture, his or her right to life may well be compromised and his or
her right to health both physical and mental is surely at risk. Where children with disabilities
are subjected to violence and abuse in educational settings, their right to health and their right
to an education are violated. (For more on the rights of children with disabilities, see Chapter
15, p. 191). Subjecting people with disabilities in institutional settings to degrading conditions
where they receive little or no care, have no means to fulfl their basic necessities of personal
hygiene, or have no access to meaningful activities of interest violates a number of human
rights, not only the right to be free from inhuman and degrading treatment, but also the right to
an adequate standard of living, the right to recreation, and the right to health. These examples
demonstrate that human rights are indivisible, interdependent, and interrelated.
85
Typical Forms of Violence and Abuse against
People with Disabilities
The World Health Organization reports that violence against persons with
disabilities occurs at three times the rate of their peers without disabilities.
Maltreatment of children with disabilities is reported to be 1.7 times the
maltreatment rate for children without disabilities.
In the U.S.A., the Center for Research on Women with Disabilities concluded
that students with disabilities experience higher rates of sexual harassment
than students without disabilities. In addition, girls with disabilities experience
sexual harassment at higher rates than boys with disabilities.
A Canadian study found that 60% to 80% of women receiving psychiatric care
in institutions experienced violence.
More than 90% of persons with developmental disabilities will experience
sexual abuse at some point in their lives.
12% of men with disabilities experienced serious neglect and 9% reported
physical violence at the hands of care providers.
An estimated 1 in 25 elderly people are victims of violence each year.
1
Human rights law draws some distinctions between torture on the one hand, and cruel,
inhuman, or degrading treatment or punishment on the other. Where an action does not meet
the precise defnition of torture, it may be considered cruel, inhuman, or degrading treatment
or punishment, depending on the form, severity and purpose of the conduct. Advocates need
to understand the legal differences when they are making claims and reporting violations. It
is also important to understand, however, that the lines between torture and cruel, inhuman,
or degrading treatment or punishment may be diffcult to draw in any given case. In part, it
requires assessing the intensity and duration of pain and the particular circumstances of the
individual. What some courts may agree amounts to torture in one case, may be characterized
differently in another, albeit similar case.
Torture is one of the most serious violations of human rights. The right to be free from torture
and other forms of physical and mental ill-treatment is absolute, and may not be suspended
or restricted under any circumstances. Because of the risk of torture and other ill-treatment
occurring during police custody, a number of procedural safeguards have been put in place in
international human rights law documents that aim to substantially reduce the risk of torture
occurring.
Torture is a frequent cause of disability, and when torture is inficted on a person with a disability,
it may lead to secondary disabilities or the onset of a serious medical condition. Interrogation
techniques amounting to torture which are damaging to anyone, may be compounded for a
person with certain disabilities or for those with medical conditions. In addition, the failure of an
interrogator to recognize a persons disability could be mistaken for non-cooperation, as in the
case of a prisoner who is unable to hear or process a question or communicate an answer as a
result of a disability.
1 Rousso, Harilyn. Girls and Women with Disabilities: An International Overview and Summary
of Research. (Disabilities Unlimited Consulting Services, 2001); Saxton, Marsha. The Impact of Violence
on People with Disabilities. (World Institute on Disability, 2007).
86
Factors Contributing to Violence against
Myths and stereotypes about disability that relegate persons with disabilities
to powerless positions and the perception of being an easy target for
perpetrators
Power imbalances between persons with disabilities and their caregivers
Isolation in homes or institutions away from public scrutiny
Lack of education and training to help identify and address violence, especially
for women and girls with disabilities
Lack of training for family members, caregivers, and health professionals on
appropriate care for people with disabilities
Armed confict and certain environmental hazards such as landmines
Poverty
Cultural practices, such as female genital mutilation.
Subjecting people with disabilities to harmful forms of treatment in the name of fxing or
curing their disability has a long history. In many early cultures, disease was thought to be
caused by an invasion of evil spirits, which healers attempted to exorcise with a variety of
dangerous and potentially harmful techniques. The practices of displaying and photographing
children with visible disabilities in hospital amphitheaters or subjecting people with disabilities
to display in circuses with forced-labor conditions are degrading, as well as psychologically
harmful. Many of these practices occur in a hospital or health-care setting and often against
the most vulnerable populations of people with disabilities, such as people with psycho-social
disabilities. Related practices occur in countries with under-developed health care systems.
The treatment of psycho-social illnesses especially illustrates such abusive practices that
may amount to torture or cruel, inhuman, or degrading treatment or punishment. In many
cultures persons with psycho-social illness are considered to be possessed by demons that
must be driven out, often by violent means such as physical abuse, or even drilling into the
skull to release the demon. In the European middle ages, a standard cure for madness
was isolation in darkness or public whipping. In the 18
th
century enlightenment, people with
psycho-social illness were often confned to public madhouses such as the infamous Bedlam
Hospital in London, to which citizens could purchase tickets for the amusement of looking at the
inmates.
2

Such treatment of people with psycho-social disabilities is not confned to the past. Disability
organizations have documented contemporary examples of such practices, which constitute
some of the most extreme forms of torture and cruel, inhuman, and degrading treatment against
people with disabilities. This includes the long-term use of restraints, especially under painful
conditions; involuntary use of electroshock therapy (ECT) without anesthesia; and detention in
dangerous facilities without any protection from violence or access to medical care for victims
of violence. The use of brain-damaging surgeries without consent, such as lobotomy (brain
surgery designed to numb the emotions), is still practiced, often performed on women deemed
to be too emotional. The use of harmful medications designed to subdue people with
2 Harris, James C. Intellectual Disability: Understanding its Causes, Classifcation, Evaluation and Treat-
ment (Oxford: 2005), pp. 14-16; Albrecht, Gary L. et al., eds., Handbook of Disability Studies
(Sage Publications: 2001), pp. 15-18.
87
psycho-social disabilities is another example of coercive treatments imposed on people that
violate human rights. Mental Disability Rights International (MDRI) has exposed instances of
abuse where a particular psychiatric treatment is in fact being used as a punishment and has
argued persuasively that such conduct violates the torture prohibition, as in the case of using
unmodifed ECT without anesthesia.
3

Physical and mental abuses and gross neglect endangering the lives of people with disabilities
housed in institutional facilities are widespread. Reports issued by MDRI on conditions
for people with mental disabilities warehoused in dismal and dangerous institutions detail
unhygienic conditions of detention, excessive use of physical restraints, lack of adequate
food, water, clothing and medical care, and other life-threatening conditions. MDRI has also
documented instances of complete sensory deprivation in barren, long-term isolation cells in
institutions.
4
These conditions are examples of violations that may fall under torture or cruel,
inhuman, or degrading treatment or punishment, depending on the circumstances.
Addressing Human Rights Abuse in Institutional Settings
In 2007, a Czech regional court upheld the human rights of a woman who had
been detained in a psychiatric hospital against her will and forced to accept
psychiatric medication without her consent. She had been institutionalized
simply on the basis of an initiative by her landlord who attempted to have
her unlawfully evicted. The court ruled that the detention violated her human
rights.
In 2006, the Inter-American Court on Human Rights held that Brazil violated
the Inter-American Convention on Human Rights in its frst case concerning
a person with a psycho-social disability. The case concerned the death of a
man in a private psychiatric clinic who was subjected to beatings by clinic
personnel and who died three days after his admission. The Inter-American
Court held that Brazil violated his right to life and the right to be free from
cruel, inhuman, and degrading treatment.
In 2001, the European Court of Human Rights held that detaining a person
with a psycho-social disability in the psychiatric wing of a prison in a very
small, hot cell with one other person and inadequate ventilation violated
the prohibition against degrading treatment under Article 3 of the European
Convention on Human Rights.
In 1999, the US Supreme Court ruled that requiring people with disabilities to
live in institutions in order to access services constitutes illegal discrimination
under the Americans with Disabilities Act. The Olmstead decision requires
public entities to provide services and conduct activities in the most integrated
setting appropriate to the needs of qualifed individuals with disabilities.
3 Behind Closed Doors: Human Rights Abuses in the Psychiatraic Facilities,Orphanages, and Rehabilita
tion Centers of Turkey. Mental Disability Rights International (MDRI). 2005. http://www.mdri.org/projects/
turkey
4 Ruined Lives: Segregated from Society in Argentinas Psychiatric Asylums. 2007. Mental Disability
Rights International (MDRI) and the Center for Legal and Social Studies (CELS). http://www.mdri.
org/projects/americas/Argentina/MDRI.ARG.ENG.NEW.pdf
88
Medical and scientifc experimentation without free and informed consent is a human rights
violation to which people with disabilities continue to be subjected. Some of the worst and best-
known examples of such abuse occurred during the Holocaust when people with disabilities
were subjected to horrifc medical experiments. At the Nuremberg Trials, Nazi doctors were
ultimately tried and convicted of war crimes and crimes against humanity for their participation
in such experiments. The prohibition of medical and scientifc experimentation without informed
consent is highly relevant in the context of certain diseases that cause disabling conditions
and for which medical science offers no cure, but are the subject of medical research and
experimentation. A situation often faced by persons with psycho-social disabilities is the
provision of an untested regimen of various drugs or therapies that in their combination are
unproven such a practice must surely constitute experimentation as opposed to treatment
and would therefore violate human rights law unless free and full informed consent is given.
People with disabilities are vulnerable to other forms of violence, abuse, and exploitation.
Children with disabilities, particularly those living in large institutions, are exposed to many
forms of violence which cause serious risks to their physical and mental integrity. Sexual
abuse and exploitation is likewise a violation that people with disabilities men and women,
girls and boys experience. Persons with disabilities living in institutions may be particularly
vulnerable to such abuse and groups such as Mental Disability Rights International (MDRI) has
documented sexual violence in such contexts.
5
Economic exploitation, in which children and
adults with disabilities are frequently subjected to forced-labor, working for little or no pay in
often dangerous working conditions, also presents serious threats to the health and physical,
mental, and social development of people with disabilities. Cultural practices, such as female
genital mutilation and early marriage, impact women and girls with disabilities and may also
result in physical and psycho-social disability.
EXERCISE 6.1: The Effects of Violence on Persons with Disabilities
Objective: To understand the effects of violence on different populations of people with
disabilities.
Time: 30 minutes
1. Introduce:
Explain that people with disabilities are not at risk of violence and abuse because of their
disabilities, but because of the actions of abusing individuals in society. Violence and abuse
may affect different populations of persons with disabilities differently. These differences must
be taken into consideration when designing violence and abuse prevention programs.
2. Brainstorm:
Divide participants into small groups and ask them to:
list different populations of people with disabilities (e.g., women, children and teenagers,
men, elders, refugees, internally displaced persons) and kinds of disability (e.g., visual,
mobility, hearing, psycho-social); and
provide examples of how violence and abuse may impact different populations.
Note to Facilitator: Save this list for use in Exercise 6.3.
5 Not on the Agenda: Human Rights of People with Mental Disabilities in Kosovo. 2002. Mental Disability
Rights International (MDRI). http://www.mdri.org/pdf/KosovoReport.pdf
89
3. Report:
Ask a spokesperson from each group to report their fndings. List these on a chart like that
below. When the frst two columns are complete, ask participants to identify challenges to
addressing violence and abuse against each different group. Write the responses in the third
column.
4. Analyze:
Ask participants to consider the following based on their initial discussion:
What actions could be taken to address violence and abuse prevention?
Who must be involved in order for prevention to be effective?
Group of Disabled People Kinds of Violence
Challenges to Addressing
this Violence
Source: Adapted from Marsha Saxton, The Impact of Violence on People with Disabilities, World Institute on
Disability: http://www.wid.org
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT FREEDOM FROM
TORTURE AND OTHER FORMS OF VIOLENCE?
The prohibition against torture is a core principle in human rights law; the right to be free from
torture may not be suspended or limited under any circumstances. Refected in the Universal
Declaration of Human Rights (UDHR)
6
and the International Covenant on Civil and
Political Rights (ICCPR),
7
the right to be free from torture and cruel, inhuman, or degrading
treatment or punishment also fnds expression in many other international documents, including
a specialized treaty on the subject, the Convention against Torture (CAT).
8
Specialized
international human rights conventions have also sought to address forms of violence beyond
torture and cruel, inhuman, and degrading treatment or punishment. For example, the
Convention on the Rights of the Child (CRC)
9
protects the right of the child to be free from
torture and also specifcally protects the right of the child to be free from all forms of physical
or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse and further recognize State obligations regarding sexual exploitation
and abuse, economic exploitation, and promoting recovery of child victims.
Defning various categories of violence and abuse can be challenging and the lines between
different forms of conduct are often not easily drawn. CAT provides detailed standards for the
effective prohibition against torture and other ill-treatment, including guarantees of survivor
assistance and legal redress for those who have experienced torture or other forms of
prohibited treatment or punishment. Article 1 of CAT defnes torture as any act committed by
a public offcial or other person acting in an offcial capacity or at the instigation of or with the
consent of such a person by which severe physical or mental pain or suffering is intentionally
inficted on a person for a specifc purpose, such as extortion of information or confession,
6 See http://www.unhchr.ch/udhr/lang/eng.htm
7 See http://www.ohchr.org/english/law/ccpr/htm
8 See http://www.unhchr.ch/html/menu3/b/h_cat39.htm
9 See http://www.ohchr.org/english/law/crc.htm
90
punishment, intimidation or discrimination. Actions that do not meet this defnition in all its
elements may fall under the category of cruel, inhuman or degrading treatment or punishment,
depending on the type of conduct in question. Human rights tribunals have not offered clear
standards by which to evaluate when conduct is torture, or when it falls under another prohibited
category.
The Convention on the Rights of Persons with Disabilities (CRPD) addresses violence
and abuse in two specifc provisions: Articles 15 (Freedom from torture or cruel, inhuman, or
degrading treatment or punishment) and 16 (Freedom from exploitation, violence, and abuse)
which recognize:
The right of people with disabilities to be free from torture, as well as cruel, inhuman, or
degrading treatment or punishment;
The right of people with disabilities to be free from medical or scientifc experimentation
unless they have provided informed consent;
The right of people with disabilities to be free from all forms of exploitation and abuse;
The obligation of of States to take measures to prevent people with disabilities from
being subjected to torture and other types of prohibited abuse;
The obligation of States to take measures to protect persons with disabilities, both within
and outside the home, from all forms of exploitation, violence, and abuse, including
gender-related abuse;
The obligation of States to take measures to prevent all forms of exploitation, violence
and abuse. Such preventive measures must ensure, among other things, the availability
of appropriate forms of gender- and age-sensitive assistance and support for persons
with disabilities and their families and caregivers. Examples include information and
education on how to avoid, recognize, and report instances of exploitation, violence, and
abuse;
The obligation of States to ensure that protection services are age-, gender- and
disability-sensitive;
The obligation of States to ensure the effective monitoring of all facilities and programs
designed to serve persons with disabilities;
The obligation of States to take measures to promote the physical, cognitive and
psychological recovery, rehabilitation, and social reintegration of persons with disabilities
who become victims of any form of exploitation, violence, or abuse in an environment
that respects the rights and dignity of victims, their age, and gender;
The obligation of States to adopt laws and policies to ensure that exploitation, violence,
and abuse against persons with disabilities are identifed, investigated, and, where
appropriate, prosecuted.
In sum, the right to be free from torture or other forms of abuse requires States to respect,
protect, and fulfll these rights for people with disabilities. The obligation to respect means,
among other things, that States must refrain from using torture in questioning prisoners with
disabilities and refrain from subjecting people with disabilities in prison or otherwise detained or
living in institutional settings from any form of abuse. States must also prohibit the subjection
of people with disabilities to medical or scientifc experimentation unless they are in a position
to provide full and informed consent without any coercion or undue infuence whatsoever.
The obligation to protect means that States must protect people with disabilities against
abuses by State and non-State actors, including inhuman or degrading conditions in both
public and private institutional settings. The obligation to fulfll means that States must take
active measures to ensure protection, such as training police offcers in acceptable methods
91
of obtaining information and in how to accommodate prisoners with disabilities or monitoring
facilities where people with disabilities receive services. Teacher training is required to ensure
that children with disabilities are not subjected to forms of punishment that constitute violence
and that they are protected against bullying and abuse by classmates.
EXERCISE 6.2: What Rights to Freedom from Torture and Other Forms
of Abuse does the CRPD Affrm?
Objective: To review and understand CRPD Articles 15 and 16
Time: 30 minutes
1. Review:
Assign different parts of Articles 15 and 16 to small groups of participants (You may wish to
divide Article 16 into four parts). Ask them to work together to paraphrase their section in
common language and give some examples of how that right could be enjoyed and make a
difference for people with disabilities.
Read each section of Articles 15 and 16 aloud and ask the assigned group to give its
Write the fnal paraphrase of Articles 15 and 16 on chart paper and post. After each section
ask for examples of how that right could be enjoyed and make a difference for people with
disabilities.
3. Discuss:
How can Articles 15 and 16 of the CRPD be used to set national disability rights agendas
and formulate platforms of action for submission to political parties or government
decision-makers?
How can these provisions be used to monitor conditions in prisons or institutions or other
settings where people with disabilities may be vulnerable to violence and abuse?
How can these provisions be used to help advocate for violence prevention programs?
PHYSICAL AND MENTAL INTEGRITY IN PRISON SETTINGS
Human rights law guarantees the right of all people deprived of their liberty to be treated with
humanity and with respect for their inherent dignity. Article 10 of the International Covenant
on Civil and Political Rights (ICCPR) states that: All persons deprived of their liberty shall
be treated with humanity and with respect for the inherent dignity of the human person.
10
The
UN Human Rights Committee, which monitors implementation of the ICCPR, has stressed
in General Comment 21 that prisoners should not be subjected to any hardship or constraint
other than that resulting from the deprivation of their liberty.
11
Little attention has been paid by
the human rights community to the right of prisoners with disabilities. Accommodations must be
provided for persons with disabilities while in prison to ensure respect for their human rights and
dignity.
10 See http://www.ohchr/org/english/law/ccpr.htm
11 See http://www1.umn.edu/humanrts/gencomm/hrcomm21.htm
92
The prohibition against torture and abusive treatment applies to prison authorities and
requires protection from violence by other prisoners. It also requires protection from prison
conditions that amount to cruel, inhuman, or degrading treatment or punishment. International
human rights instruments developed within the United Nations provide guidance as to how
governments may comply with their international legal obligations in relation to prisoner
rights. In some instances, specifc guidance on the rights of prisoners with disabilities and
detained persons with disabilities is also indicated. These documents include the United
Nations Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum
Rules)
12
adopted by the Economic and Social Council in 1957; the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment,
13
adopted by
the General Assembly in 1988; and the Basic Principles for the Treatment of Prisoners,
14

adopted by the General Assembly in 1990. While these instruments are not treaties, they
provide authoritative guidance on the interpretation of binding human rights law.
It should also be noted that a separate but related body of law applies during times of armed
confict and is intended to provide protection to civilians. This body of law, referred to as
International Humanitarian Law, specifes the rights of civilians and those who are not
combatants. These laws are set forth in the Fourth Geneva Convention Relative to the
Protection of Civilian Persons in Time of War.
15
Human rights advocates have been successful in exposing and in many instances correcting
human rights violations in prisons. Human Rights Watch has documented serious abuses
against prisoners with psycho-social disabilities in US prisons.
16
More recently, advocates
have focused more specifcally on accommodating the needs of prisoners with disabilities
and some prison authorities have responded with their own initiatives. For example, the
Northern Ireland Prison Service, in addition to appointing a human rights advisor, has adopted
a disability action plan and has taken action to improve cell accessibility, modify educational
programs to accommodate prisoners with intellectual and learning disabilities, and addressed
communication needs of deaf and hard of hearing prisoners.
17
EXERCISE 6.3: Understanding the Rights of People with Disabilities in
Prison or Detention
Objective: To understand the particular needs of disabled people in prision or detention
Time: 30 minutes
Optional: Copies of list generated in Exercise 6.1.
1. Introduce:
Explain that disabled prisoners, like all persons with disabilities, require accommodation for their
disability. Review case summaries from European Court of Human Rights involving prisoners
with disabilities to provide some context. (See text box on next page). Reintroduce the list of
disability populations created in Exercise 6.1 or create a new list of different groups of people
12 See http://www.unhchr.ch/html/menu3/b/h_comp34.htm
16 Ill Equipped: U.S. Prisons and Offenders with Mental Illness. 2003. Human Rights Watch.
http://www.hrw.org/reports/2003/usa1003
17 Northern Ireland Prison Service Disability Action Plan: July 2007-March 2010. Northern Ireland Offce.
http://www.nio.gov.uk/nio_disability_action_plan_july_2007_-_march_2010.pdf
93
with disabilities (e.g., women, children and teenagers, men, elders, refugees) and kinds of
disability (e.g., visual, mobility, hearing, psycho-social).
2. Discuss:
Divide participants into small groups and ask each to use the list as a guide to
Provide examples of how prison conditions and treatment in detention may affect a
person with a disability and present risks of violence/abuse;
Identify challenges to addressing the rights of persons with disabilities in prison or held in
detention;
3. Analyze:
Ask participants to consider the following based on their initial discussion:
What actions could be taken to address the rights of persons with disabilities in prison or
detention?
Who must be involved in order for prevention to be effective?
What advocacy initiative might help create change in this area?
European Court of Human Rights Finds
United Kingdom Violated Disabled Prisoners Rights
In Keenan v. the United Kingdom (2001) the European Court of Human Rights held, among
other things, that the treatment of a prisoner with a psycho-social disability was inhuman
and degrading treatment and punishment in violation of Article 3. The prisoner was found
dead in his cell after he hung himself while in solitary confnement. The Court found
defciencies in his medical care and monitoring of his condition. The Court also found that
his placement in segregation and the addition of 28 days to his sentence just nine days
before his expected release may have threatened his physical and moral resistance, and
in these circumstances was not compatible with the standard of treatment required in
respect of a mentally ill person.
In Price v. United Kingdom (2001), the European Court of Human Rights found that the
United Kingdom violated the rights of a woman with a disability who had been held in
detention. The applicant was a woman who was a wheelchair user and did not have the
use of her limbs. She was sent to prison for one week and alleged that while in custody
she was forced to sleep in her wheelchair, could not reach emergency buttons and light
switches, and was unable to use the toilet. She was lifted onto a toilet by a female prison
offcer but was left there for over three hours until she agreed to allow a male nursing offcer
to assist her. The Court held that these conditions amounted to degrading treatment
contrary to Article 3.
18
18 European Court of Human Rights - mental disability cases. Mental Disability Advocacy Center. http://
www.mdac.info/resources/echr_cases.htm
94
International Standards for Persons in Prison or Detention
Basic Principles for the Treatment of Prisoners
Establishes prisoners entitlement to a quality of health care comparable to that
available in the outside community.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Establishes the obligation of authorities to ensure prisoners are given medical screening
upon admission and provided appropriate medical care and treatment as necessary
and free of charge.
Standard Minimum Rules
Provide that appropriate medical and mental health services are integral to a properly
run prison and to the goal of rehabilitation: The medical servicesshall seek to
detect and shall treat anymental illnesses or defects which may hamper a prisoners
rehabilitation. All necessarypsychiatric services shall be provided to that end.
Recognize the need to vary the housing, supervision, and care of offenders with mental
disorders according to the degree of their disability. Prison mental health staff should
provide for the psychiatric treatment of all other prisoners who need it.
Recognize that prisons must have suffcient numbers of appropriately qualifed
competent health care staff to meet their human rights obligations. To the extent
possible, prison staff should also include specialists in addition to psychiatrists,
including psychologists, and social workers. Standards of care should not be lowered
because those needing medical treatment are prisoners. Health personnel, particularly
physicians, charged with the medical care of prisoners and detainees have a duty
to provide them with protection of their physical and mental health and treatment
of disease of the same quality and standards as is afforded to those who are not
imprisoned or detained.
Stipulate that clinical medical decisions should be governed by medical criteria.
International principles of medical ethics require prison medical staff to provide the
best possible health care for those who are incarcerated, and to make decisions
regarding their care and treatment based on the prisoners health needs, which should
take priority over any non-medical matters.
Recommend that proper psychiatric treatment in prison as in the community should
be based on a treatment plan drawn up for each patient. The plan should consist
of more than just medication. It should involve a wide range of rehabilitative and
therapeutic activities, including access to occupational therapy, group therapy,
individual psychotherapy, art, drama, music and sports;
Recognize that patients should have regular access to suitably-equipped recreation
rooms and have the possibility to take outdoor exercise on a daily basis; it is also
desirable for them to be offered education and suitable work.
19
19 Ill Equipped: U.S. Prisons and Offenders with Mental Illness. 2003. Human Rights Watch.
http://www.hrw.org/reports/2003/usa1003
95
SEXUAL VIOLENCE, EXPLOITATION, AND ABUSE
Studies indicate that sexual exploitation and abuse is a widespread phenomenon among
persons with disabilities, particularly women and girls, although disabled men and boys also
experience sexual violence, exploitation, and abuse. Studies indicate that nearly 50% of
women with disabilities report some form of sexual abuse during their childhood and some 30%
of disabled women report being subjected to sexual abuse in their adult lives.
20
Most instances
of abuse go unreported and, therefore, remain unaddressed. Very often, abuse takes place
in a private home dwelling or in an institution where it is sometimes imagined that people with
disabilities will be free from abuse.
Sexual violence, exploitation and abuse have long-lasting harmful effects on persons with
disabilities. Where such abuses occur in isolated settings, the chances of accessing the
assistance needed for recovery may be slim. Moreover, such traumatic experiences may
increase disability-related functional limitations or create secondary disabilities. Programs
and services that do address sexual violence and abuse in the community, particularly those
targeting women and girls, very often do not reach out to disabled persons. Disability advocates
are working to address these gaps and to ensure that programs and services are inclusive and
accommodating to all. Violence prevention advocacy is an important component of ensuring
the right of persons with disabilities to be free from violence and to lead self-determined lives.
EXERCISE 6.4: Making a Commitment to Promote Freedom from
Torture and other Forms of Violence and Abuse
Ask if after learning about the human right of people with disabilities to be free from torture
and other forms of violence and abuse, the groups are ready to think about taking concrete
action.
Explain that you would like to ask each participant to name one individual action, however
small, that she or he is willing and able to take in the next month to promote the human right
of people with disability to be free from torture and other kinds of violence and abuse.
To plan advocacy for the human rights of people with disabilities, see Part 3, Advocacy! Taking
Action for the Human Rights of People with Disabilities, p. 229.
USEFUL RESOURCES ON TORTURE AND OTHER FORMS OF ABUSE
AGAINST PERSONS WITH DISABILITIES
Human Rights Watch, Ill Equipped: U.S. Prisons and Offenders with Mental Illness
(2003): http://www.hrw.org/reports/2003/usa1003
Mental Disability Advocacy Center: http://www.mdac.info/index.html
Mental Disability Rights International: http://www.mdri.org
World Institute on Disability, The Impact of Violence on People with Disabilities (Marsha
Saxton, 2006): http://www.wid.org
20 The Impact of Violence on People with Disabilities. 2006. World Institute on Disability (Marsha Saxton).
96
CHAPTER 7:
PRIVACY, INTEGRITY, HOME, AND THE FAMILY
Article 17, Protecting the integrity of the person:
Every person with disabilities has a right to respect for his or her physical and mental integrity on
Article 22, Respect for privacy:
1. No person with disabilities, regardless of place of residence or living arrangements, shall
be subjected to arbitrary or unlawful interference with his or her privacy, family, home or
correspondence or other types of communication or to unlawful attacks on his or her honour
and reputation. Persons with disabilities have the right to the protection of the law against such
interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation information of
persons with disabilities on an equal basis with others.
Article 23, Respect for home and the family:
1. States Parties shall take effective and appropriate measures to eliminate discrimination against
persons with disabilities in all matters relating to marriage, family, parenthood and relationships,
on an equal basis with others, so as to ensure that:
(a) The right of all persons with disabilities who are of marriageable age to marry and to found a
family on the basis of free and full consent of the intending spouses is recognized;
(b) The rights of persons with disabilities to decide freely and responsibly on the number and
spacing of their children and to have access to age-appropriate information, reproductive and
family planning education are recognized, and the means necessary to enable them to
exercise these rights are provided;
(c) Persons with disabilities, including children, retain their fertility on an equal basis with others.
2. States Parties shall ensure the rights and responsibilities of persons with disabilities, with regard
to guardianship, wardship, trusteeship, adoption of children or similar institutions, where these
concepts exist in national legislation; in all cases the best interests of the child shall be
paramount. States Parties shall render appropriate assistance to persons with disabilities in the
performance of their child-rearing responsibilities.
3. States Parties shall ensure that children with disabilities have equal rights with respect to family
life. With a view to realizing these rights, and to prevent concealment, abandonment, neglect
and segregation of children with disabilities, States Parties shall undertake to provide early and
comprehensive information, services and support to children with disabilities and their families.
4. States Parties shall ensure that a child shall not be separated from his or her parents against their
will, except when competent authorities subject to judicial review determine, in accordance with
applicable law and procedures, that such separation is necessary for the best interests of the
child. In no case shall a child be separated from parents on the basis of a disability of either the
child or one or both of the parents.
5. States Parties shall, where the immediate family is unable to care for a child with disabilities,
undertake every effort to provide alternative care within the wider family, and failing that, within
the community in a family setting.
97
OBJECTIVES
Defne the rights to respect for privacy, integrity, home and the family
Explain the importance of these rights for people with disabilities
Understand the interrelation between these rights and other human rights
Identify ways in which these rights has been promoted or denied to people with
disabilities
Understand the provisions related to the rights to respect for privacy, integrity, home and
the family in the UN Convention on the Rights of Persons with Disabilities (CRPD).
GETTING STARTED: THINKING ABOUT RESPECT FOR PRIVACY,
INTEGRITY, HOME, AND THE FAMILY
Societies have long debated where divisions lie between the public sphere such as the political
domain and community activities and the private sphere, such as a persons body, home, or
family. They have likewise struggled to establish the degree to which the State and individuals
should have control in these different spheres. This chapter addresses the private sphere,
examining specifcally the rights to respect for privacy, personal integrity, the home, and family.
Privacy and Respect for Personal Integrity
Today, the right to privacy includes a variety of elements, including:
The right to privacy of information, meaning the right of individuals to decide for
themselves what information about them should be communicated to others and who
those others may be. This information includes thoughts, opinions, actions taken when a
person should reasonably expect to be acting in private, and personal information such
as that related to a persons health or fnances;
Related to privacy of information is privacy of communication, which refers to the security
of peoples private interactions with others, including letters, telephone conversations,
private face-to-face conversations, e-mails, and other forms of communication. In other
words, neither the State nor private actors have a right to read your correspondence or
listen to your private discussions. Of course, there are some exceptions to this, such as
when somebody is suspected of having committed a crime, but even then there are laws
that govern these exceptions to ensure that such interference is both necessary and
properly handled;
The right to privacy applies to a persons personal environment, meaning primarily where
he or she lives, such as their home and their family or others with whom they live. It can
also apply to other personal spaces, such as a persons car or other personal property;
Another aspect of the right to privacy is freedom from attacks on a persons honor or
reputation. For example, unless it is true, people do not have the right to claim to others
that you have engaged in some socially unacceptable or other behavior that might be
damaging to your reputation;
Although they are separate rights that address distinct concepts, the right to personal integrity
is connected to the right to privacy in that actions and circumstances that lead to the violation of
98
personal integrity are often preceded or joined by violations of the right to privacy. Essentially,
the right to personal integrity may be described as the right to be treated in a human manner
and in such a way that preserves a persons mental and physical wholeness. In other words,
we all have the right not to be physically or mentally harmed by the State or private actors.
Although people with disabilities have as much right to privacy and personal integrity as all
others, they frequently experience violations of these rights. For example, many people with
disabilities need an assistant or caregiver to help with personal care or to accomplish certain
tasks. As a result caregivers often have easy access to a wide variety of personal information
such as identifcation numbers and fnancial information. It may also be necessary for the
caregiver to be in close physical contact with the person, such as when assisting someone to
use the bathroom or take a bath. Although people with disabilities have the right to be treated
by their caregivers in a manner that respects their privacy and personal integrity, and although
many professional caregivers comply with a code of professional ethics, stories of violations
are all too common. These can include misuse and manipulation of personal information, such
as using fnancial information to steal money, as well as incidents of verbal, physical or mental
abuse. Such actions not only violate the rights to respect for privacy and personal integrity, they
also violate basic respect for the inherent human dignity of people with disabilities.
Among the many causes of violations of the rights to respect for privacy and personal integrity, a
predominant cause is the attitudes and beliefs of other people, especially with regard to people
with intellectual, learning, or psycho-social disabilities. The belief by some that such people with
disabilities are not capable of taking care of their own private information may lead to people
withholding that information or giving the information to people with whom the person with
disabilities would not choose to share that information. Additionally, some people believe that it
is permissible to violate the privacy, or physical or mental integrity of a person with disabilities,
if they are not aware that it is happening. Furthermore, the belief that people with disabilities
should confrm their thinking and/or behavior to what is considered by others as normal, can
lead to people with disabilities being forced or coerced into using medications or undergoing
treatments that can cause both short and long-term mental and physical harm.
It is important to address such violations, not only so that people with disabilities can enjoy the
rights to respect for privacy and personal integrity, but also because enjoyment of these rights
can impact enjoyment of other human rights. For example, violations of the right to respect
for personal integrity can, if left unchecked, progress into violations of the right to be free from
torture, violence and abuse. Violations of the right to privacy may discourage people with
disabilities from exercising their rights to freedom of expression and opinion, or to participate
in political and public life. Similarly, violations of other rights may lead to violations of the rights
to respect for privacy and personal integrity. For instance, lack of access to quality health care
programs and services may expose people with disabilities to poor health-data management
practices that violate the right to privacy, or to health care professionals that do not respect the
right to personal integrity. Also, lack of access to justice may prevent people with disabilities
from seeking a remedy for violations of privacy or personal integrity, resulting in such violations
continuing.
Respect for the Home and Family
Other issues traditionally placed in the private sphere involve those relating to a persons home
and family. Although there is no internationally agreed-upon defnition of family, the family has
been considered the natural and fundamental group unit of society, and as such is protected
99
by a number of different rights. Relevant rights in this area include
the right to marry on the basis of the full and free consent of both intended spouses,
assuming partners are of full age
the right to have equal rights with their spouses during their marriage, and during legal
separation, or if the marriage is dissolved
the right to found a family, meaning the right of people to live together, to have children,
and not to be subjected to discriminatory or compulsory State family planning policies
the right to be reunited with their family if they are separated because of political,
economic, or other reasons
the right to have the family protected by society and the State.
As with the rights to respect for privacy and personal integrity, people with disabilities experience
many violations of the right to respect for home and the family. For example, although all
people of full age have the right to marry, many people with disabilities, especially people with
intellectual or psycho-social disabilities, are denied this right by State legislation, policy, and/
or practice. Where they do not wish to marry, people with disabilities are also often denied the
equal opportunity to experience their sexuality and have sexual or other intimate relationships.
Even when offcial State policies do not restrict such relationships, family members, health care
professionals, or staff in institutional settings may act to prevent people with disabilities making
and acting upon their own decisions with respect to intimate relationships.
Such violations often stem from assumptions and stereotypes that people with disabilities
cannot handle their marriage or relationship responsibilities or that they could get hurt. They
also arise from the belief that people with disabilities should not have children because they
may pass on their disability or be unable to care for their children. Such attitudes have also led
to States sponsoring or endorsing practices to forcibly sterilize both adults and children with
disabilities, counselling people with disabilities against having children, or denying women with
disabilities access to adequate pre- and post-natal care.
Additionally, people with disabilities may fnd they are denied the opportunity to be adoptive
parents, guardians, or trustees of children because of their disability. Where people with
disabilities do have children, States or other family members often insist that the children be
removed and cared for by others because of prevailing assumptions that being raised by
parents with disabilities is not in the best interests of the child. Even where children are not
forcibly removed, many parents with disabilities do not have adequate access to the supports or
assistance they may need to help them care for their child. Parents of children with disabilities
often experience similar violations of their and their childs rights to remain together as a family
as supports may not be available to them to assist them in their parenting or government offcials
may insist that the child would be better off elsewhere, typically in an institutional setting.
These and other violations of the right to respect for home and the family can lead to violations
of other human rights. For example, preventing people with disabilities from living with
their families constitutes a violation of the right to live independently and be included in the
community, which recognizes that people with disabilities have the same choices as others
regarding where and with whom they live. Similarly, forcible sterilization not only denies people
with disabilities the right to have children, but is also a violation of the right to respect personal
integrity and arguably constitutes a form of violence and abuse.
Violations of other rights also lead to violations of the right to respect for home and the family.
100
For example, lack of access to an adequate standard of living, health care, and rehabilitation
services can lead to malnutrition or general ill-health and compromise the fertility of people
with disabilities. Violation of the rights to equal recognition before the law and also freedom of
expression and opinion may also deprive people with disabilities of the opportunity to make,
communicate, and act upon their own decisions related to their personal relationships. Similarly,
lack of accessible information may deny people with disabilities the opportunity to learn about
sexual relations, family planning, availability of support services, or other information that they
need to make informed personal decisions.
Together, the rights to respect for privacy and personal integrity and respect for home and the
family address some of the issues of greatest importance to the equality and inherent dignity
of people with disabilities. As noted by Eleanor Roosevelt, one of the drafters of the Universal
Declaration of Human Rights, human rights begin in small places, close to home, and unless
these rights have meaning there, they have little meaning anywhere.
EXERCISE 7.1: What does it Mean to Enjoy the Rights to Respect for
Privacy, Integrity, Home, and the Family?
Objective: To understand what it means to enjoy the rights to respect for privacy, integrity,
home, and the family
Time: 40 minutes
Divide participants into small groups and assign each one of these situations:
Visiting the doctor;
Telephoning, or writing a letter or e-mail to a friend;
Visiting the bank;
Meeting with your childs teacher to discuss the childs performance at school.
Ask each group to discuss the experience of people with disabilities in this situation:
In which instances do people with disabilities need to enjoy privacy, personal integrity,
and/or respect for home and family in order to participate fully? Make a list of life
activities.
What information might people with disabilities reasonably expect to be kept private?
Would the personal integrity involve mental or physical integrity, or both?
Who might be responsible for respecting the rights in the different examples?
2. Report:
Ask a spokesperson from each group to summarize their discussions.
What similarities do you observe in experiences in these different settings?
Are there other situations in everyday life when similar issues occur?
What can people with disabilities do in these situations to protect their privacy and
integrity?
3. Discuss:
What changes can be made to protect the privacy and integrity of people with
disabilities?
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The Ethics of Personal Assistance
Those providing caregiver services to people with disabilities need to do so in a manner that
respects the human rights of the people they are assisting. Although there is no internationally-
accepted code of conduct for professional caregivers, the following is one example of a
code for personal assistants that emphasizes respect for the rights of consumers, produced
by the University of Missouri-Columbia School of Health Professions:
Respect an employers/consumers rights regardless of race, religion, sexual preference,
or other beliefs.
Acknowledge that the employer/consumer is in charge of the working relationship and
that the employer/consumer has the right to make the fnal decision concerning his/her
assistance.
Refrain from any act of abuse, neglect, or exploitation.
Do not put personal preferences before the employers/consumers choice.
Safeguard the employers or consumers right to privacy.
Act to safeguard the consumer and the public when home-based assistance, health
care and safety are affected by the incompetent, unethical, or illegal practice of any
person.
Assume responsibility and accountability for individual judgments and actions.
Maintain competency levels in regard to home-based assistance.
Exercise informed judgment and use individual competence and qualifcations as criteria
for seeking consultation, accepting responsibilities, and delegating activities to others.
Make an effort to establish and maintain conditions of employment that promote high
quality assistance.
Make an effort to protect the public from misinformation and misrepresentation, and
maintain integrity of home-based assistance.
1
EXERCISE 7.2: Understanding Barriers to Respect for Privacy, Integrity,
Home, and the Family
Objective: To identify barriers to enjoyment of the rights to respect for privacy, personal
integrity, the home, and family faced by people with disabilities
Time: 40 minutes
Materials: List of life activities generated in Exercise 1
1. Analyze:
Using the list of life activities used in Exercise 1 and the responses that were given in the
discussion, ask each participant (or pair of participants) to choose one activity and to evaluate
the barriers a person with disabilities might face in enjoying the rights to respect for privacy,
personal integrity, the home, and family whilst participating in that activity.
2. Role Play:
Ask each participant or pair to report on their analysis and to role play at least one fctional
example of the barriers a disabled person might face in enjoying the rights to respect for
1 Enhancing Independence: An Assistants Guide to Personal Assistance Services. 1995. Missouri Model
Spinal Cord Injury System (MOMSCIS), School of Health Professions, University of Missouri-Columbia.
http://www.umshp.org/hp/resources/sci/atmanual/atman2.shtml
102
privacy, personal integrity, the home, and family while participating in that particular life activity.
Variation: Role play both best- and worst-case versions of confronting these barriers,
illustrating ways that such barriers might be addressed.
3. Discuss:
What are the consequences when people with disabilities do not enjoy respect for their
privacy, personal integrity, home and family? To the person with disability? To society as a
whole?
Which barriers have the greatest effect on people with disabilities?
What can be done to eliminate these most signifcant barriers?
Ensuring Privacy and Personal Integrity of Travelers with Disabilities
Although security restrictions and checkpoints have been a part of air travel for many years,
their use and rigor has increased in recent years, largely in response to terrorism and other
related concerns. The result is that security checks at airports are often more invasive than they
used to be, with many airports around the world requiring travelers to undress to some degree,
and/or submit to searches of their luggage. In the U.S., this led to concerns from the disability
community that the rights to privacy and personal integrity of travelers with disabilities were
being violated, either as a result of the security measures themselves, or as a consequence of
security staff being unaware of the specifc needs of travelers with disabilities.
To address these concerns, the National Council on Disability, the Federal Aviation
Administration, the Transport Security Administration (TSA) and the disability community
worked together to develop guidelines and training programs that would address the rights
of travelers with disabilities, as well as security considerations. The trainings are intended to
raise awareness of security staff of the rights and needs of travelers with disabilities, as well
as ensure that they know what the guidelines are and how to implement them. To ensure that
travelers with disabilities are aware of their rights, the TSA has provided information on its
website, so that travelers can prepare themselves before they travel. Should travelers feel that
their rights have been violated, they can contact the TSAs Offce of Civil Rights. The following
are excerpts of some of the rights and responsibilities addressed in the guidelines:
If a personal search is required, you may choose to remain in the public area or go to a
private area for your screening. If you refuse either option you will not be able to fy.
You should be offered a private screening before the beginning of a pat-down inspection if
the pat-down will require the lifting of clothing and/or display of a covered medical device.
You may request a private area for your personal search at any time during the screening
process.
Your companion, assistant, or family member may accompany you and assist you during
a private or public screening. After providing this assistance, the companion, assistant, or
family member will need to be rescreened.
You may request a pat-down inspection in lieu of going through the metal detector or being
handwanded. You do not need to disclose why you would like this option.
If you have a disability, condition, or implant, that you would like to remain private and
confdential, ask the Security Offcer to please be discreet when assisting you through the
screening process.
2
2 Tips for the Screening Process: Travelers with disabilities and medical conditions. Transportation
Security Administration. http://www.tsa.gov/travelers/airtravel/specialneeds/editorial_1567.shtm
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WHAT DOES HUMAN RIGHTS LAW SAY ABOUT RESPECT FOR PRIVACY,
INTEGRITY, HOME AND THE FAMILY?
Article 12 of the Universal Declaration of Human Rights (UDHR) addresses the right to
privacy, setting forth the protections against interference and attacks upon honor or reputation.
Issues related to the right to marry and found a family, as well as protection of the family by
society and the State, are addressed in Article 16. Similar provisions appear in Articles 17 and
23 of the International Covenant on Civil and Political Rights (ICCPR),
3
as well as Articles
14 and 44 of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICRMW).
4
Although the International Covenant
on Economic, Social and Cultural Rights (ICESCR)
5
does not address issues of privacy
or integrity (which are civil and political rights), Article 10 does address the need for the State
to provide protection and assistance to the family as the natural and fundamental group unit
of society. Similarly, the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
6
does not address issues of privacy, but does address, in Article
16, the need for equality between men and women in marriage, including in decisions
regarding the number and spacing of children.
Article 16 of the Convention on the Rights of the Child (CRC)
7
mirrors the previously
referenced provisions in its treatment of the right of a child to be free of interference with his
or her privacy, family, home or correspondence, and to be free from unlawful attacks on his
or her honor or reputation. As one might expect, the CRC contains numerous references to
the family, though Article 9 is perhaps the most relevant, as it addresses the right of children
not to be separated from their parents unless it is in the best interests of the child to do so.
Also Article 23, which specifcally addresses the rights of children with disabilities, references
the need to provide appropriate assistance to the parents or other care-givers of children with
disabilities.
None of these human rights instruments specifcally reference personal integrity, though
they address the related concepts of privacy, security of the person or safety of the
person, often in the context of deprivation of liberty, and of course, the fundamental concept
of inherent human dignity. However, the non-legally binding UN Standard Rules on the
Equalization of Opportunities for Persons with Disabilities (Standard Rules)
8
does
specifcally address personal integrity, including in the context of family life. Rule 9 emphasizes
the full participation of people with disabilities in family life, as well as the need to promote
the right to personal integrity and ensure that laws do not discriminate against persons with
disabilities with respect to sexual relationships, marriage, and parenthood. It also speaks to
the need for education and awareness of how to prevent, recognize, and respond to situations
of sexual and other forms of abuse. In addition, Rule 13 highlights the need to protect
individual privacy and personal integrity when involved in the collection and dissemination of
information and research.
The Convention on the Rights of Persons with Disabilities (CRPD) draws from the full
4 See http://www.ohchr.org/english/la
5 See http://www.unhchr.ch/html/menu3/b/a_cescr.htmw/cmw.htm
6 See http://www.un.org/womenwatch/daw/cedaw/
7 See http://www.unicef.org/crc/
8 See http://www.un.org/esa/socdev/enable/dissre00.htm
104
range of approaches taken in prior human rights instruments and places the issues in the
context of disability. Article 17 (Protecting the integrity of persons) clearly indicates that people
with disabilities have the right to have their physical and mental integrity respected on an equal
basis with others. This language closely mirrors that found in some regional human rights
instruments, such as Article 5(1) of the Inter-American Convention on Human Rights,
9

which appears in that conventions section on right to humane treatment.
Issues of privacy in the CRPD are dealt with almost exclusively in Article 22 (Respect for
Privacy), which protects people with disabilities from arbitrary or unlawful interference with his
or her privacy, family, home or correspondence or other types of communication, as well as
from unlawful attacks on honor or reputation. The Article does not, for example, prevent the
police from carrying out a valid search of a disabled persons belongings, but it would prevent
other types of searches or surveillance that are arbitrary or unlawful. In order to emphasize
the importance of the right even in places such as institutions, where people with disabilities
have historically experienced many violations of privacy, Article 22 expressly states that these
protections extend regardless of place of residence or living arrangements.
Also noteworthy is the Articles reference to other types of communication, which was
intended by drafters to update the more traditional reference to correspondence. Some
drafters felt that correspondence was too strongly connected to letters, and that there was
a need to ensure that e-mail, text messaging, and other more modern and future forms of
communication would be covered by the Convention. Lastly, Article 22 emphasizes the right of
people with disabilities to have their personal, health, and rehabilitation information protected
on an equal basis with others. This concept is refected again in Article 31(1)(a) (Statistics and
data collection), which requires States to ensure confdentiality and respect for the privacy of
persons with disabilities when collecting and maintaining statistics and data.
The right to respect for home and the family is addressed at some length in Article 23 of the
CRPD. Because of the historic discrimination against people with disabilities in the areas of
marriage, family, parenthood, and relationships, Article 23 addresses each of these in some
detail. Specifcally:
Article 23(1)(a) protects the right of people with disabilities to marry with the free and
full consent of each person, and to found a family.
Article 23(1)(b) protects the rights of people with disabilities to make their own
decisions regarding when and how many children to have. It also ensures access to
age appropriate information and reproductive and family planning education, so
that people with disabilities can make informed decisions in these matters.
Article 23(1)(c) addresses the right of people with disabilities, including children, to
retain their fertility on an equal basis with others. This provision not only protects
against forced sterilization of children and adults with disabilities, but also implicates
the right of people with disabilities to have access to health care, nutrition, and other
factors that are pre-conditions to retaining fertility.
Article 23(2) ensures that people with disabilities have the right to be guardians,
trustees, adoptive parents, or the like, wherever such rights also exist for other
people. In other words, people with disabilities should not be prevented from being
guardians, trustees, or adoptive parents because they are people with disabilities.
Furthermore, States must provide appropriate assistance to parents with disabilities,
should they need such assistance to perform their child-rearing responsibilities.
9 See http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm
105
Article 23(3) addresses some of the rights of children with disabilities, specifcally
the rights not to be concealed, abandoned, neglected, or segregated. It also requires
States to provide information, services and support to children with disabilities and
their families.
Article 23(4) requires that children should not be separated from their parents unless
it is in the best interests of the child and the decision has been made by competent
authorities and in accordance with applicable law and procedures. Furthermore,
Article 23(4) does not permit a child to be separated from their parents on the basis
of disability, regardless of whether it is the child and/or one or both of the parents who
are disabled.
Article 23(5) addresses the situation of children with disabilities who may not be in a
position to be cared for by their immediate family. The State should undertake every
effort to provide alternative care within the wider family, and if that is not possible,
then within the community in a family setting. This is to prevent the practice,
common in many countries, of automatically sending children with disabilities to live in
institutional settings when they cannot be cared for by their immediate family.
Taken as a whole, States obligations with regard to the right to respect for privacy, integrity, the
home, and family, include:
1. The Obligation to respect the right by refraining from engaging in any act, custom or
practice that creates barriers to enjoyment of the right (e.g., prohibiting people with
disabilities from marrying or being parents);
2. The Obligation to protect the right by ensuring that non-State or private actors do not
violate these rights (e.g., by monitoring and regulating health care and rehabilitation
providers to make sure that private information of people with disabilities remains
private);
3. The Obligation to fulfll means that States must take proactive action to ensure
enjoyment of the right by people with disabilities (e.g., through providing support to
families of parents and or children with disabilities, so that they can remain together).
In short, international human rights law strongly supports the rights of people with disabilities to
respect for privacy, integrity, the home and family, so that they may fully enjoy these rights on
EXERCISE 7.3: Understanding Respect for Privacy, Integrity,
Home, and the Family
Objective: To review and understand the provisions on rights to respect for privacy, integrity,
home and the family in the CRPD
Time: 45 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to discuss one of the
sections of Articles 17, 22, and 23. Specifcally, what does each section require be achieved?
Who is responsible? What challenges might there be to implementation and how can these be
overcome?
2. Discuss:
Have the groups report on the outcomes of their discussions.
106
3. Give examples:
Ask for examples of how each of the provisions of Articles 17, 22, and 23 could be applied to
the real life examples discussed in Exercises 7.1 and 7.2.
4. Discuss:
How can Articles 17, 22, and 23 of the CRPD be used to set national disability rights agendas
and formulate platforms of action for submission to political parties or government decision-
makers? What would it mean in your country?
Personal Integrity for Children with Disabilities
The following data, provided by UNICEF on its website, strongly suggests that
many children with disabilities around the world experience signifcant challenges
to the enjoyment of their full physical and mental integrity, in addition to other
human rights, both inside and outside the home:
Women and girls with disabilities are particularly vulnerable to abuse. A small
2004 survey in Orissa, India, found that virtually all of the women and girls
with disabilities were beaten at home, 25 percent of women with intellectual
disabilities had been raped, and 6 percent of disabled women had been
forcibly sterilized.
According to UNICEF, 30 percent of street youths have disabilities.
The United Kingdoms Department for International Development reports
that mortality for children with disabilities may be as high as 80 percent in
countries where under-fve mortality as a whole has decreased below 20
percent, adding that in some cases it seems as if children are being weeded
out.
Persons with disabilities are more likely to be victims of violence or rape,
according to a 2004 British study, and less likely to obtain police intervention,
legal protection, or preventive care.
Research indicates that violence against children with disabilities occurs
at annual rates at least 1.7 times greater than for their peers without
disabilities.
10
10 Be in the Know Fact Sheet on children with disabilities. UNICEF: Voices of Youth.
http://www.unicef.org/explore_3893.html
107
EXERCISE 7.4: Making a Commitment to Promote Respect for Privacy,
Integrity, Home, and the Family
Ask if after learning about the right to respect for privacy, integrity, home and the family,
the group is ready to think about taking concrete action.
the right to respect for privacy, integrity, home and the family to ensure their full
enjoyment of all human rights.
USEFUL RESOURCES ON RESPECT FOR PRIVACY, INTEGRITY, HOME,
AND THE FAMILY
General Comment No. 5 of the Committee on Economic, Social and Cultural Rights:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/4b0c449a9ab4ff72c12563ed0054f17d?Opend
ocument
General Comment No. 16 of the Human Rights Committee:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/23378a8724595410c12563ed004aeecd?Ope
ndocument
General Comment No. 19 of the Human Rights Committee:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6f97648603f69bcdc12563ed004c3881?Open
document
108
CHAPTER 8: THE RIGHT TO HEALTH
Article 25, Health:
States Parties recognize that persons with disabilities have the right to the enjoyment
of the highest attainable standard of health without discrimination on the basis of
disability. States Parties shall take all appropriate measures to ensure access for persons
with disabilities to health services that are gender-sensitive, including health-related
rehabilitation. In particular, States Parties shall:
a. Provide persons with disabilities with the same range, quality and standard of free or
affordable health care and programmes as provided to other persons, including in the
area of sexual and reproductive health and population-based public health
programmes;
b. Provide those health services needed by persons with disabilities specifcally because
of their disabilities, including early identifcation and intervention as appropriate, and
services designed to minimize and prevent further disabilities, including among
children and older persons;
c. Provide these health services as close as possible to peoples own communities,
including in rural areas;
d. Require health professionals to provide care of the same quality to persons with
disabilities as to others, including on the basis of free and informed consent by, inter
alia, raising awareness of the human rights, dignity, autonomy and needs of persons
with disabilities through training and the promulgation of ethical standards for public
and private health care;
e. Prohibit discrimination against persons with disabilities in the provision of health
insurance, and life insurance where such insurance is permitted by national law,
which shall be provided in a fair and reasonable manner;
f. Prevent discriminatory denial of health care or health services or food and fuids on the
basis of disability.
OBJECTIVES
Understand what is meant by the right to the highest attainable standard of health
Defne the relationship between health and disability
Defne the distinction between health care and habilitation/rehabilitation services
Understand and explain to others the importance of equal access to health care
resources for persons with disabilities
109
Understand the interrelationship between the right to health and other human rights
Identify ways in which the right of people with disabilities to the highest attainable
standard of health have been promoted, denied or misunderstood
Understand the provisions on health in the UN Convention on the Rights of Persons
with Disabilities (CRPD).
GETTING STARTED: THINKING ABOUT HEALTH AS A HUMAN RIGHT
What does the right to health include? Is it a right to be healthy? Is it a right to health care
services? Is it something else? We know that with every human right comes a corresponding
responsibility for governments and society to ensure that this right is respected, protected
and fulflled. But no one can guarantee that the right to be free from all disease! Many factors
related to peoples health are beyond the control of governments, such as personal choices of
unhealthy behaviours or a genetic predisposition to disease.
However, societies and governments do have great control over many underlying determinants
of health, including physical conditions in the environment that affect peoples health, such
as public sanitation, the availability of clean water, and environmental pollution levels. In
addition, societies have laws, policies, and programs aimed at promoting and protecting
human health. Every country has a health system to provide medical care and public health
programs designed to provide information about health risks, disease prevention, and healthy
living. Governments are responsible for the quality and equity of national health systems.
Furthermore, health for all people is also directly affected by other human rights, such as
access to education, employment, and an adequate standard of living. Poor or uneducated
people are far more likely to suffer ill health than those with economic security and decent
living conditions. These examples demonstrate how the right to health is indivisible,
interdependent and interconnected with other human rights.
Poverty, lack of education, poor living conditions, and other human rights issues that impact
human health disproportionately affect persons with disabilities. For instance, in many
countries, clean water may be publicly available but not accessible to persons with disabilities.
Likewise, health care is often not accessible or available to persons with disabilities on an
equal basis with others because of factors like inaccessible buildings, lack of communications
accommodations in the health care setting, and even denial of treatment based on a disability.
While governments and societies cannot be expected to take responsibility for ensuring that
people do not experience any illness or disease, they are responsible for addressing factors
in the social, economic, legal, and physical environment that impact health. Therefore, health
as a human rights issue is framed in terms of the highest attainable standard of health. In
other words, people have a right to the conditions and resources that promote and facilitate a
healthy life.
DEFINING HEALTH
In addition to understanding what is meant by the right to health, it is also important to
understand what is meant by health. The World Health Organization (WHO) defnes health
in these terms:
110
Health is a state of complete physical, mental and social well-being and not merely
the absence of disease or infrmity.
1
The WHO also affrms the defnition and importance of the right to health with the
following statement:
The enjoyment of the highest attainable standard of health is one of the fundamental
rights of every human being without distinction of race, political belief, economic or
social condition . . .
Governments have a responsibility for the health of their peoples which can be fulflled
only by the provision of adequate health and social measures.
2

When Human Rights. YES! refers to the human right to health, it is referring to the human
right to the highest attainable standard of health.
EXERCISE 8.1: Understanding the Right to Health
Objective: To understand rights and responsibilities associated with the right to the highest
attainable standard of health
Time: 30 minutes
Materials: Paper and pen/pencil or chalkboard and chalk
1. Introduce/Brainstorm:
Emphasize that achieving human health involves both rights and responsibilities. Divide
participants into small groups and ask each group to choose one health topic from the list
below. Explain that each group should:
a. List what peoples rights are regarding this health issue.
b. Decide what the governments responsibilities are regarding this health issue.
c. Decide what individuals must do for themselves.
Demonstrate how to structure and record the discussion using a chart as shown below.
2. Report:
Ask a spokesperson from each group to present their fndings.
3. Discuss:
What measures must a government take to meet its responsibility to implement this
human right? Is your government succeeding in implementing this right?
What must individuals do to meet their responsibility to implement this human right? Do
you think most people understand their responsibilities?
What special measures should governments take to ensure that persons with disabilities
enjoy this human right?
1 Preamble, World Health Organization Constitution.
http://www.who.int/governance/eb/constitution/en/index.html
2 Preamble, World Health Organization Constitution.
http://www.who.int/governance/eb/constitution/en/index.html
111
Health topics for discussion:
Obesity
Respiratory Health
HIV/AIDS
Sanitary Conditions and Hygiene
Immunization
Others issues in your community
Example: Safe Drinking Water
Description of the right: People have a right to drinking water that is free from pollution and
chemicals that will make them sick. Every person must have equal access to clean water.
Health Issue: Safe drinking water
Human right: People have a right to drinking water that is free from pollution
and chemicals that will make them sick. Every person must have equal access to
clean water.
Government Responsibilities Individual Responsibilities
Making sure that public sources of
water are safe
Making sure that clean water is
available to all people equally
Providing information about the
importance of avoiding unsafe water
and how to counteract its effects
Supplying clean water in emergency
situations
Refraining from activities that may
contaminate drinking water
Taking recommended actions when
water might be unsafe (e.g.,
boiling water before using, going
to another source to obtain safe
water)
Reporting illnesses they believe may
be the result of unclean water from
a public source
Reporting sources of water pollution
Disability and Health
While it is commonly accepted that there are many issues, such as the literacy or poverty
level that can adversely affect human health, disability has traditionally been viewed as
inherently being a health issue. In reality, persons with disabilities experience disease and
illness in the same way that other people do. They can be in perfect health or poor health, just
like anyone else. Some persons with disabilities may be more vulnerable to communicable
illnesses such as infuenza, and it is certainly true that some disabilities have the potential to
create health problems, known as secondary conditions. Common examples of secondary
conditions include, for example, pressure sores and respiratory distress in people with mobility
impairments. It is also true that some health problems can cause permanent disabilities and/or
create temporary disabling conditions. In other words, a disability can be both a cause and an
effect of a health problem, or a disability can be present in a completely healthy person.
3

Unfortunately, people with disabilities experience poorer overall health than the general
3 The Right to Health: Fundamental Concepts and The American Disability Experience. 2005. National
Council on Disability. http://www.ncd.gov/newsroom/publications/2005/righttohealth.htm
112
population, a fact that contributes to the mistaken belief that disability is itself a health problem.
The causes of poor health among persons with disabilities include a wide range of factors,
most of which are the result of lack of access to the conditions and resources required for any
person to be able lead a healthy life. For example, as a result of discrimination in the areas of
employment and education, disabled people experience poverty at a higher level than others.
Health services and important information about health are often inaccessible to persons with
disabilities. Factors such as these have a far greater impact on the health of persons with
disabilities than the medical effect of their disabilities.
When disability is classifed as a health problem, people think of a disability as being the same
thing as an illness or disease. Therefore, the medical community is regarded as responsible for
curing or treating with disability rather than governments and society addressing disability
as part of the social or human rights agenda. This medical model of disability focuses
on prevention, cure, and symptom management of the disability by the health profession.
Unfortunately, this approach does nothing to help eliminate the fundamental problems of
discrimination, lack of access, and other social and political issues that in reality are the major
cause of poor health among persons with disabilities.
Health and Habilitation/Rehabilitation
Related to the confusion of disability as a health issue and reinforced by the medical model
of disability is the notion that habilitation and rehabilitation are also medical subjects and
therefore part of the health context. However, the UN Standard Rules defne habilitation and
rehabilitation as a process aimed at enabling persons with disabilities to reach and maintain
their optimal physical, sensory and/or social functional levels, thus providing them with the
tools to change their lives towards a higher level of independence.
4
Therefore, habilitation and
rehabilitation includes a range of measures physical, vocational, educational, training-related
and others necessary to empower people with disabilities to maximize independence and the
ability to participate in society, not simply to achieve physical or mental health. For this reason,
the right to health and the right to habilitation/rehabilitation are addressed separately, both in the
Convention on the Rights of Persons with Disabilities and Human Rights. YES!. The exception,
of course, is that health-related rehabilitation is recognized as part of the right to health. This
would include, for example, physical therapy to strengthen muscles that are affected by an
injury, illness, or disability.
EXERCISE 8.2: Identifying Barriers to Health for Persons with Disabilities
Objective: To identify the social, legal, and practical challenges persons with disabilities face
in claiming the right to health
Time: 45 minutes
Materials: Copies of Article 25 of the CRPD
1. Brainstorm:
Ask participants to give examples barriers that prevent people with disabilities from claiming
the right to health. List these.
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The Medical Model vs. the Social Model and
the Human Rights Model
The disability community has worked hard to redefne disability in the social
model and the human rights model, which recognize disability as a the limitations
experienced by people with impairments due to the nature of the physical and
social environment NOT as an illness, disease or other medical problem.
The Medical Model of Disability:
Perhaps the most signifcant and widespread myth affecting human rights and
disability is the idea that disability is a medical problem that needs to be solved or
an illness that needs to be cured. This notion implies that a person with a disability
is somehow broken or sick and requires fxing or healing. By defning disability
as the problem and medical intervention as the solution, individuals, societies, and
governments avoid the responsibility of addressing the human rights obstacles
that exist in the social and physical environment. Instead, they place the burden on
the health profession to address the problem in the person with the disability.
The Social Model of Disability:
This model focuses on eliminating the barriers created by the social and physical
environment that inhibit ability of people with disabilities to exercise their human
rights. This includes, for instance, promoting positive attitudes and perceptions,
modifying the built environment, providing information in accessible formats,
interacting with individuals with disabilities in appropriate ways, and making sure that
laws and policies support the exercise of full participation and non-discrimination.
The Human Rights Model of Disability:
Identifes persons with disabilities as rights holders and subjects of human rights
law on an equal basis with all people.
Recognizes and respects a persons disability as an element of natural human
diversity, on the same basis as race or gender, and addresses the disability-specifc
prejudices, attitudes and other barriers to the enjoyment of human rights.
Places the responsibility on society and governments for ensuring that the political,
legal, social and physical environments support the human rights and full inclusion
and participation of people with disabilities.
For more on this subject see Attitudes and Perceptions Regarding Disability,
Part I, Understanding the Human Rights of Persons with Disabilities, p. 17.
2. Discuss:
Divide participants into three groups and assign each group one general type of disability:
a) physical disabilities (including sensory disabilities)
b) intellectual disabilities (cognitive)
c) psycho-social disabilities
Ask each group to list the barriers experienced by this particular group and try to explain why
these barriers exist. Ask if people with certain types of disabilities experience higher levels of
discrimination and why this is the case.
114
3. Report/Discuss:
Have each group read the list of barriers it identifed. List these and discuss:
Do people with certain types of disabilities experience higher levels of discrimination?
Why?
How are the barriers identifed addressed in Article 25?
What actions does the CRPD require States to take to remove these barriers?
How can persons with disabilities assist governments in implementing these changes?
How would these changes contribute to the improved health of people with disabilities?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT THE RIGHT TO HEALTH?
The human right to health was frst recognized, although indirectly, in Article 25.1 of Universal
Declaration of Human Rights (UDHR):
Everyone has the right to a standard of living adequate for the health and well -being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
5
The UDHR focuses on the human rights associated with an adequate standard of living, but
clearly states that the ultimate objective of those rights is to achieve the health and well-being
of the individual. Thus, the right to health is indivisible, interrelated and interdependent with
other human rights, such as housing, social security and, of course, medical care itself.
In 1966, the concept of the human right to health was more directly and precisely defned
in Article 12 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR):
The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
6
This language remains the fundamental expression of the right to health in the context of
human rights. However, given the complexity of the subject, the Committee on Economic,
Social and Cultural Rights, which monitors implementation of the ICESCR, issued General
Comment 14 to articulate more fully the freedoms, entitlements and substantive obligations
associated with the right to the highest attainable standard of health guaranteed by the
ICESCR:
The right to health is not to be understood as a right to be healthy. The right to health
contains both freedoms and entitlements. The freedoms include the right to control
ones health and body, including sexual and reproductive freedom, and the right to
be free from interference, such as the right to be free from torture, non-consensual
medical treatment and experimentation. By contrast, the entitlements include the right
to a system of health protection that provides equality of opportunity for people to
enjoy the highest attainable level of health.
7
5 See http://www.un.org/Overview/rights.html
7 See http://www.umn.edu/humanrts/gencomm/escgencomm14.htm
115
General Comment 14 proceeds to discuss a range of interrelated elements essential to the
right to health:
Availability
Accessibility: consisting of four overlapping dimensions: non-discrimination, physical
accessibility, economic accessibility, and information accessibility
Acceptability
Quality
General Comment 5 of the ICESCR was developed by the Committee on Economic, Social
and Cultural Rights to address disability in the context of the Covenant, including the subject
of health.
8
Together, ICESCR General Comments 5 and 14 make it clear that persons with
disabilities have the right not only to accessible health care services, but also to equality and
non-discrimination in relation to all aspects of the right to health. This includes equal access
to available health care services and to equality with respect to the resources, conditions, and
underlying determinants required for the highest attainable standard of health.
Rule 2 of the 1993 UN Standard Rules on the Equalization of Opportunities for Persons
with Disabilities (Standard Rules), entitled Medical Care, addresses early intervention for
prevention of disability. More importantly, it includes a number of crucial principles related to
access and delivery of medical services:
provision of the same level of medical care within the same system as other persons;
training and equipping of medical personnel in delivery of care to persons with
disabilities and that they have;
access to relevant treatment methods and technology, and medicines needed to
preserve or improve level of functioning.
9
Article 25 of the CRPD reinforces these previous standards of general equality, non-
discrimination, and access issues, and expands upon States obligations in specifc areas, in
particular:
the right to sexual and reproductive health services;
access to population-based public health programs;
services provided as close as possible to peoples communities;
provision of disability-specifc health services, including prevention of further disabilities;
autonomy and independence in health care decisions, on the basis of free and informed
consent;
non-discrimination in access to health insurance and life insurance;
prohibiting the denial of care, including food and fuids, on the basis of disability.
ACCESSIBILITY OF HEALTH CARE
CRPD Article 25 does not specifcally address accessibility of health care services because
the obligation to ensure that all aspects of health care are accessible is thoroughly covered by
CRPD Article 9, Accessibility. (For more on accessibility see Part 2, Chapter 2, Accessibility,
p. 36). Article 9 of the CRPD is an article of general application, meaning that it is understood
to apply to the entire convention. Article 9 addresses the general topic of access, requiring that
States Parties
8 See http://www.umn.edu/humanrts/gencomm/escgencomm5.htm
116
take appropriate measures to ensure 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.
This clearly includes health care services, and, in fact, medical facilities are specifcally
mentioned.
As noted above, General Comment 14 of the Committee on Economic, Social and Cultural
Rights defnes four interrelated elements essential to the right to health, two of which are
physical accessibility and information accessibility:
Physical accessibility: health facilities, goods, and services must be within safe physical
reach for all sections of the population, especially vulnerable or marginalized groups,
such as ethnic minorities and indigenous populations, women, children, adolescents,
older persons, persons with disabilities, and persons with HIV/AIDS. Accessibility also
implies that medical services and underlying determinants of health, such as safe and
potable water and adequate sanitation facilities, are within safe physical reach, including
in rural areas. Accessibility further includes adequate access to buildings for persons with
disabilities.
Information accessibility: accessibility includes the right to seek, receive and impart
information and ideas concerning health issues. However, accessibility of information
should not impair the right to have personal health data treated with confdentiality.
EXERCISE 8.3: Designing Accessible Health Services
Objective: To identify the resources and solutions needed to remove practical barriers to
health care services
Time: 45 minutes
Materials: Handout of scenarios
1. Introduce:
Observe that even when health care services are available to the general population, people
with disabilities often face barriers in accessing them. Divide the participants into three groups
and give each one of the scenarios in which a person with a disability seeks medical care.
a. Read the scenarios and discuss:
What are the potential accessibility barriers the patient might encounter in the health
care setting? What is likely to happen next when each character enters the medical
system (e.g., emergency room, doctors offce, examining room)?
What factors might prevent each person from receiving the best possible care?
What solutions are needed to accommodate the disability? What resources do these
solutions require?
What kind of training would health professionals require to make sure they can
provide the best care (e.g., accessibility training, education on the rights of persons
with disabilities)?
b. Based on your discussion, plan two brief role plays showing the best and worst
outcomes.
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Accessibility: A Universal Problem
Inaccessibility of health services is a problem for developed and developing
countries alike in terms of both physical accessibility and other practical matters
such as accessible communications and health providers who are trained
in disability issues. Even where disability legislation provides for accessible
services, persons with disabilities often fnd that they must fght for this right.
Disability Rights Advocates, a US-based advocacy group, conducted a survey
of persons with disabilities in California, as part of its Health Access Project.
The results below represent some of the fndings:
17% of all people with mobility disabilities reported diffculty getting in the
main entrance of their doctors offce.
33% of all people with mobility disabilities experienced barriers accessing
examination rooms.
69% of wheelchair users reported diffculty using exam tables.
45% of wheelchair users reported diffculty using x-ray equipment, such
as mammography equipment.
26% of individuals who are deaf reported diffculty in getting interpreters
for medical appointments.
95% of individuals who are blind or partially sighted reported NOT receiving
medical history forms in alternative formats.
59% of individuals with learning disabilities and 64% of individuals with
cognitive disabilities reported that their providers communicate with someone
else in the room rather than directly communicating with the patient.
79% of individuals with cognitive disabilities report receiving too little time
to communicate their symptoms to the provider and ask questions of the
provider that are necessary to ensure effective communication.
10
2. Discuss/Plan:
Give participants plenty of time to plan their role-plays.
3. Present:
Ask each group to present its role plays. Ask for comments after each:
Are there other possible worst-case outcomes?
Are there additions to the best-case outcomes to suggest?
4. Discuss:
Are these role plays realistic?
What can be done to ensure that people with disabilities receive the best possible care
10 Health Access Project. Disability Rights Advocates. http://www.dralegal.org/projects/health_access/in
dex.php
118
when they enter the medical system?
What kind of training would doctors and health care professionals need to make sure
they can provide the best care to people with disabilities?
Note to Facilitator: Adapt these scenarios to the needs and context of your participants (e.g.,
use other settings, other disabilities, other illnesses, including those related to sexuality and
reproduction, other barriers).
Scenario 1:
Jos is a wheelchair user who is paralyzed from the waist down. He was travelling down a
sidewalk with a very uneven surface and his wheelchair tipped over. He has a broken leg and
a cut on his forehead.
Scenario 2:
Alika is deaf and has come to the doctor alone with a stomach ache and a fever. She is literate
and can communicate in writing.
Scenario 3:
Karen has an intellectual disability. She is 28 and lives with her family. She has an independent
social life, a boyfriend and a job in a grocery store. Karens mother has accompanied her to
the doctor. Karen has had several serious respiratory infections over the past year since she
began smoking.
Optional Exercise: Design an accessible examination room. Either draw what the room would
look like or simply list the features it should have to be accessible to persons with all types of
disabilities.
EQUALITY AND NON-DISCRIMINATION IN HEALTH CARE
Article 25 of the CRPD recognizes that persons with disabilities have the right to the
enjoyment of the highest attainable standard of health without discrimination on the basis of
disability and requires that States Parties
provide persons with disabilities with the same range, quality and standard
of free or affordable health care and programmes as provided to other persons,
including in the area of sexual and reproductive health and population-based public
health programmes.
This affrms non-discrimination, another of the four interrelated elements essential to the right
to health, which General Comment 14 of the Committee on Economic, Social and Cultural
Rights defnes as:
Non-discrimination: health facilities, goods and services must be accessible to all,
especially the most vulnerable or marginalized sections of the population, in law
and in fact, without discrimination on any of the prohibited grounds.
Nevertheless, people with disabilities continually experience discrimination in health systems.
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Disability-based Rationing of Health Care
The CRPD prohibits denial of health care or health services or food and fuids on the basis
of disability. Stigma, the assumption that the lives of persons with disabilities are unhappy,
unfulflled, or not worth living, fnancial considerations related to providing long-term care, and
other non-medical factors can lead to discriminatory and very dangerous decisions that cost
persons with disabilities their health or even their lives.
However, health care is a scarce resource. In nearly all countries, the demand for medicines,
hospital beds, doctors or other medical services outweighs the available resources to provide
them. Everyone cannot receive every treatment, test or service they may desire or even
require. Governments and societies must make diffcult decisions regarding how to allocate
health resources fairly among all members of the community. Although there are no easy
answers, the principles of human rights dictate that discrimination in health care solely on the
basis of disability is a violation of human rights.
EXERCISE 8.4: Case Studies in Medical Decision-making
1. Discuss:
Explain that this exercise examines the ways in which disability may infuence medical
decisions. Divide participants into three groups and give each a case study. Explain that they
must make a decision about what to do in each case.
Case Study 1: Two children of similar age require heart transplants. One is a child with
Down Syndrome and the other is a child with no disability. Neither child has any other
known medical condition beside the heart-related illness. The likelihood of success of the
transplant is equal for both children. The life expectancy of a person with Down Syndrome
is generally estimated to be twenty years less than a person without Down Syndrome (if
neither is affected by poverty, neglect or other factors that reduce life-expectancy).

Based on this information, which child should receive the heart transplant?
Case Study 2: Two women who are HIV positive apply to receive expensive retroviral
drugs from a public health clinic with limited resources. One woman has a chronic psycho-
social disability; the other has no disability. The clinic can only support one new client.
Based on this information, which woman should receive the drugs?
Case Study 3: Two members of the same community step on landmines and lose a leg
below the knee. One is a seven-year-old schoolboy and the other a farmer aged forty. Both
wish to have an artifcial leg, but there are resources for only one to receive a prosthesis.
The adult will probably be able to wear his artifcial limb for many years, but the boy will out
grow his several times before he reaches adulthood. The boys rehabilitation will therefore
be much more expensive than the mans.
Based on this information, who should receive the artifcial leg?
120
2. Report/Discuss:
Ask a spokesperson from each group to describe their case and the decision they reached.
After each report, ask for questions and comments from the other groups and ask questions
like there:
How did you make your decision? What factors infuenced your decision?
Is this disability discrimination?
How should decisions like these be made in real life?
3. Discuss:
What are the human rights principles that apply in these situations?
Who should be responsible for making these decisions? Doctors? The government?
Ethics committees?
In fact, how are decisions like these usually made?
How can people with disabilities be protected from discrimination based on disability?
Health promotion and disease prevention
Many public health programs are information and education-based initiatives, such as those
aimed at promoting healthy lifestyles and avoiding preventable illness. These programs may
include information on:
the benefts of exercise, proper nutrition and weight management;
natural and man-made environmental dangers, such as water pollution, soil
contamination and workplace hazards;
health risks associated with smoking, drug use, unprotected sexual activity and other
high-risk behaviors;
preventive measures to avoid infectious diseases, such as childhood and adult
vaccinations, family planning, measures to protect against HIV/AIDS and other sexually
transmitted diseases, hand-washing and avoiding contact with persons infected with
infuenza, and the use of mosquito nets to prevent malaria.
Persons with disabilities beneft from healthy choices and suffer from illnesses and accidents
just like everyone else. However, the incidence of infectious diseases and other preventable
conditions among persons with disabilities is often higher than for the rest of the population
because public health programs fail to provide information in inaccessible formats and do not
make an effort to target persons with disabilities. Participation by persons with disabilities and
their representative organizations in the design and implementation of public health efforts
is essential to ensuring that persons with disabilities are able to beneft from these crucial
programs.
The CRPD specifcally recognizes the importance of gender-sensitive health services and
the need for equal access to sexual and reproductive health and population-based health
programs. Even though the CRPD makes it clear that all public health programs must include
persons with disabilities on an equal basis with others, these particular subjects are highlighted
because they are areas in which persons with disabilities are often assumed to be a-sexual,
forgotten, de-prioritized, or simply discriminated against in health care systems and national
and international health agendas.
121
Persons with Disabilities and HIV/AIDS Prevention
Persons with disabilities are often not considered to be at risk for contracting HIV/
AIDS. A study by Yale University and the World Bank states:
It is commonly assumed that individuals with physical, sensory (deafness,
blindness), or intellectual disabilities are not at high risk of HIV infection.
They are incorrectly believed to be sexually inactive, unlikely to use drugs or
alcohol, and at less risk of violence or rape than their non-disabled peers.
11

However, there is clear evidence that persons with disabilities may be at an even
higher risk in many instances and that this risk is increased by the fact that they are
excluded from public education initiatives aimed at HIV/AIDS prevention.
The discrimination against disabled people manifests itself in numerous
ways. AIDS education seminars are often held in buildings that are not
wheelchair accessible. Deaf people, many of whom are literate in neither
English nor Swahili, are turned away from AIDS testing centers because
nobody knows how to communicate with them. Education campaigns, often
on radio or television, do nothing to reach those who cannot see or hear the
message.
12
Community-based services
The CRPD requires that States Parties provide health services specifcally required as a
result of a persons disabilities and stresses that persons with disabilities have the right to
receive health care as close as possible to their own communities, including in rural areas.
(The right to live in the community is addressed in detail in Part 2, Chapter 11, Living
Independently and with Dignity in the Community, p. 148.) In many societies, even when legal
and social discrimination would not force a person to live in a segregated institution, persons
with psychosocial disabilities may fnd that they can only access mental health services in
psychiatric institutions.
The Standard Rules affrm that persons with disabilities have the right to provision of the same
level of medical care within the same system as other persons. Therefore, in communities
in which all persons must travel a far distance from their community to receive health care,
persons with disabilities must expect to encounter the same disadvantage. However, if a
persons disability prevents him/her from traveling this distance because, for instance, public
transportation is not accessible, then this represents an unfair disadvantage and a violation
of the right to equal access to health services. In this case, an accommodation must be made
to provide the necessary care in the persons home or another locally accessible venue, or
special measures to provide appropriate transportation must be taken.
11 Nora Groce, N., A Population at Risk: HIV/AIDS and Disability: Capturing Hidden Voices. Findings of the
Yale/World Bank Global Survey of HIV/AIDS and Disability. Washington, DC: The World Bank, 2004.
http://sitesources.worldbank.org/disability/resources/health-and-wellness/HIVAIDS.pdf
12 For Africas Deaf and Blind, AIDS is an Unknown Language. New York Times, 28 March 2004.
122
AUTONOMY AND PARTICIPATION IN MEDICAL DECISION-MAKING
Informed Consent and Legal Capacity
CRPD Article 12, Equal Recognition Before the Law, addresses legal capacity and
participation in decision-making, emphasizing the continuum of supported decision-making.
Article 25 reinforces the principles in Article 12 related to the freedom to make decisions about
ones health care, specifying that States Parties must require health professionals to
provide care of the same quality to persons with disabilities as to others, including
on the basis of free and informed consent by, inter alia, raising awareness of the human
rights, dignity, autonomy and needs of persons with disabilities through training and the
promulgation of ethical standards for public and private health care.
Failure to respect the independence, autonomy and dignity of persons with disabilities
with respect to medical decision-making has led to some of the most egregious human
rights abuses experienced by persons with disabilities, including forced sterilization, cruel
methods used to cure specifc behaviors in persons with psycho-social disabilities, psycho-
surgery such as lobotomies, therapeutic and non-therapeutic biomedical research, and
experimentation. The right to be free from torture and other forms of violence is addressed in
detail in Part 2, Chapter 6, Freedom from Torture and Other Forms of Abuse, p. 83.
Even when medical interventions do not amount to torture or other inhuman treatment, if
they are made without the informed consent and active participation of the patient, they are a
violation of human rights and medical ethics. Persons with disabilities have the right to make
their own decisions regarding health care on an equal basis with all others, and doctors have
the solemn professional responsibility to respect the wishes of the patient.
Persons with disabilities, like all people, are entitled to all treatment and life-sustaining
measures available, and they are also entitled to forgo such care as a matter of individual
choice. This is a matter of equality, both in terms of the right to life and with respect to the right
to personal integrity and to make decisions regarding ones own medical treatment. These
principles are cornerstone elements of the human rights framework and of the principles of
medical ethics established by Hippocrates in the 4
th
century B.C. and reaffrmed throughout the
history of both ancient and modern medicine.
When a person is unconscious or becomes so ill that he/she can no longer express his/her
wishes, treatment decisions are left to doctors and the patients family. However, if the patient
has previously expressed his/her desire to accept or forgo life-saving treatment, those wishes
must be respected under the principles of human rights and medical ethics and according to
many national laws. Every person has the right to decide for herself or himself what represents
unacceptable suffering or unacceptable conditions for his or her own life. While it may be
diffcult and unpleasant to think about circumstances in which you might choose to be allowed
to die instead of prolonging your life, persons with disabilities are especially vulnerable in
situations where other people make decisions based on perceptions of the quality of their lives.
Even loving family members and well-meaning doctors may assume that you would declare a
situation hopeless or intolerable, when in fact, you would wish to receive treatment.
The best way to ensure that your wishes are known and honored is to express them in writing
in an Advance Directive, a document you develop to speak for you if you should be unable to
speak for yourself when crucial medical decisions must be made.
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WITHHOLDING MEDICAL TREATMENT
A Policy of Life and Death
In 2004 in the UK, the High Court issued a verdict in a case, brought by Mr. Oliver Leslie
Burke, a 43-year-old man with cerebella ataxia. He challenged the guidelines set out a
pamphlet, Withholding and Withdrawing Life Prolonging Treatments: Good Practice and
Decision Making, published in 2002 by the General Medical Council (GMC), the oversight
body for medical practice in the UK. The Disability Rights Commission intervened in the
case on behalf of Mr. Burke when a hospital sought to withhold nutrition and hydration from
him, based on the established policy of the GMC. In this case, Regina vs. General Medical
Council, the Court ruled in favor of Mr. Burke receiving this life-sustaining treatment.
Jane Campbell, a disability rights activist who provided testimony in the case, offered her
personal viewpoint on the matter at a Symposia entitled Withholding Treatment, held by
the Royal Society of Medicine:
When I heard the verdict I felt a surge of euphoria for two reasons. Firstly,
for my own future safety, secondly, because the Court understood, perhaps
for the frst time, that doctors should not be asked or expected to pass sole
judgment on what is in the best interest of the severely ill or disabled
patient.
When I was born, doctors told my mother to take me home and enjoy me,
as I would die within a year. As so often with severe impairment and medical
diagnosis, there was no certainty, it is not an exact science. Fortunately,
they were wrong. I have good reason to thank the many doctors and other
hospital staff who got me through a childhood of chest infections and other
life threatening illnesses.
Yet 40 years later, doctors treating an eighteen-month-old child, with the
same impairment (Spinal Muscular Atrophy) decided they would not provide
ventilation to help her through a chest infection. Her parents did not accept
this decision and challenged it in court. There she was known as Baby C.
Her doctors argued that her disability was too terrible to live a quality life.
In addition she would need total bodily care for the rest of her life and
this would be a burden on state resources and family support. The Court
ruled for the hospital having received advice from a range of doctors, who
all categorically stated that no one with this diagnosis could live beyond the
age of 2 and that if they did, life would be a living hell.
Adults with SMA, including me, could have told a very different story, but we
only found out about the case after the childs death.
13
13 Campbell, Jane. Presentation at the Royal Society of Medicines Symposium on Withholding Treat-
ment. 10 Nov. 2004. http://www.leeds.ac.uk/disability-studies/archiveuk/Campbell/Withholding%20Treat-
ment1%20-%20Janes%20fnal%20draft%208.11.04.pdf
124
Different countries may have different requirements in order for an Advance Directive to
represent a legal document, for instance having a witness who will testify that you were
mentally competent when you wrote it. There are also many formats and styles for Advance
Directives. You should try to fnd out what those requirements are in your country. However,
even if you are not sure, a document that expresses your basic wishes and how you defne
acceptable quality of life is a powerful tool. If you share this document with family members,
clergy, doctors, and others who may play an important role in treatment decisions, your
decisions should be respected. Below is a very simple sample Advance Directive. You may
wish for yours to be more detailed.
EXERCISE 8.5: Making a Commitment to Promote the Right to Health
Ask if after learning about the human right of people with disabilities to work, the group
is ready to think about taking concrete action.
the human right of people with disabilities to exercise their right to the highest attainable
standard of health.
125
SAMPLE ADVANCE HEALTH CARE DIRECTIVE
(LIVING WILL)
I, ___(Name)___________want everyone who cares for me to know what health
care I want, when I cannot let others know what I want.
SECTION 1:
I want my doctor to try treatments that may get me back to an acceptable quality
of life. However, if my quality of life becomes unacceptable to me and my condition
will not improve (is irreversible), I direct that all treatments that extend my life be
withdrawn.
A quality of life that is unacceptable to me means (check all that apply):
Unconscious (chronic coma or persistent vegetative state)
Unable to communicate my needs
Unable to recognize family or friends
Total or near total dependence on others for care
Other:
Check only one:
Even if I have the quality of life described above, I still wish to be treated with
food and water by tube or intravenously (IV).
If I have the quality of life described above, I do NOT wish to be treated with food
and water by tube or intravenously (IV).
SECTION 2: (You may leave this section blank.)
Some people do not want certain treatments under any circumstance, even if they
might recover.
Check the treatments below that you do not want under any circumstances:
Cardiopulmonary Resuscitation (CPR)
Ventilation (breathing machine)
Feeding tube
Dialysis
Other:
SECTION 3:
When I am near death, it is important to me that:
126
USEFUL RESOURCES ON THE RIGHT TO HEALTH
Constitution of the World Health Organisation:
http://www.who.int/governance/eb/who_constitution_en.pdf
Disability Rights Advocates: http://www.dralegal.org/projects/health_access/index.php
The Franois-Xavier Bagnoud Center for Health and Human Rights:
http://www.hsph.harvard.edu/fxbcenter
http://www.umn.edu/humanrts/gencomm/escgencomm5.htm
http://www.umn.edu/humanrts/gencomm/escgencomm14.htm
Groce, Nora, A Population at Risk: HIV/AIDS and Disability: Capturing Hidden Voices.
Findings of the Yale/World Bank Global Survey of HIV/AIDS and Disability. Washington,
DC: The World Bank, 2004:
http://sitesources.worldbank.org/disability/resources/health-and-wellness/HIVAIDS.pdf
Removing Barriers to Health Care: A Guide for Health Professionals. The Center for
Universal Design and The North Carolina Offce on Disability and Health:
http://www.fpg.unc.edu/~ncodh/rbar
The Right to Health: Fundamental Concepts and The American Disability Experience.
National Council on Disability, 2005: http://www.ncd.gov/newsroom/publications/2005/
righttohealth.htm
Special Rapporteur of the Commission on Human Rights on the Right of Everyone to
the Enjoyment of the Highest Attainable Standard of Physical and Mental Health:
http://www.ohchr.org/english/issues/health/right
World Medical Association Declaration of Lisbon on the Rights of the Patient:
http://www.wma.net/e/policy/l4.htm
127
CHAPTER 9: THE RIGHT TO
HABILITATION AND REHABILITATION
Article 26, Habilitation and rehabilitation:
1. States Parties shall take effective and appropriate measures, including through
peer support, to enable persons with disabilities to attain and maintain maximum
independence, full physical, mental, social and vocational ability, and full inclusion and
participation in all aspects of life. To that end, States Parties shall organize, strengthen
and extend comprehensive habilitation and rehabilitation services and programmes,
particularly in the areas of health, employment, education and social services, in such a
way that these services and programmes:
a. Begin at the earliest possible stage, and are based on the multidisciplinary
assessment of individual needs and strengths;
b. Support participation and inclusion in the community and all aspects of society, are
voluntary, and are available to persons with disabilities as close as possible to their
own communities, including in rural areas.
2. States Parties shall promote the development of initial and continuing training for
professionals and staff working in habilitation and rehabilitation services.
3. States Parties shall promote the availability, knowledge and use of assistive devices
and technologies, designed for persons with disabilities, as they relate to habilitation
and rehabilitation.
OBJECTIVES

Defne the right to habilitation and rehabilitation
Explain the importance of the right to habilitation and rehabilitation for people with
disabilities
Understand the interrelationship between the right to habilitation and rehabilitation and
other human rights
Understand the process of developing habilitation and rehabilitation plans
Identify ways in which the right to habilitation/rehabilitation has been promoted or denied
Understand the provisions on habilitation and rehabilitation in the UN Convention on
the Rights of Persons with Disabilities (CRPD).
128
GETTING STARTED:
THINKING ABOUT HABILITATION AND REHABILITATION

Habilitation refers to a process aimed at helping people gain certain new skills, abilities,
and knowledge. Rehabilitation refers to re-gaining skills, abilities or knowledge that may
have been lost or compromised as a result of acquiring a disability, or due to a change in
ones disability or circumstances. The goals of habilitation and rehabilitation as defned in the
Convention on the Rights of Persons with Disabilities (CRPD) are to enable persons with
disabilities to attain and maintain maximum independence, full physical, mental, social and
vocational ability, and full inclusion and participation in all aspects of life. As with any other form
of service or treatment, a rights-based approach to habilitation and rehabilitation requires the full
participation and consent of persons with disabilities.
Habilitation and rehabilitation are very often linked with health-related issues and consequently
addressed along with policies related to the right to health. In reality, rehabilitation is much more
complex and far-reaching. While health-related rehabilitation can be a vital aspect of strategies
to achieve these goals, many other elements are equally important, including those related to
employment, education, or simply life skills. To ensure that habilitation and rehabilitation are
understood to include the full range of measures necessary to equip persons with disabilities to
attain their goals, the CRPD addresses the subject in a separate article.
Eliminating the barriers people with disabilities face in claiming their human rights requires
a variety of strategies and tools. Many factors must combine to ensure that societies are as
open to persons with disabilities as they are to other people (e.g., accessible environments,
specialized programs and technologies, shifts in social and cultural attitudes, enforcement of
non-discrimination laws, knowledge of human rights principles). However, efforts that focus on
adapting the social, legal, political, and physical environments are often inadequate to create
equal opportunities for each disabled person. An individual may require additional supports
based on his or her unique circumstances and disability, such as assistive technologies, specifc
training, education, or skills development.
Unlike reasonable accommodation, habilitation and rehabilitation focus on equipping the
individual with the specifc knowledge, tools, or resources that he or she requires rather than
ensuring that the general environment, program, practice or job includes the features needed
for persons with disabilities to succeed on an equal basis with others. For instance, an employer
may be required to provide an accessible workspace that accommodates a wheelchair
user; however, the employer is not required to provide a wheelchair to the employee. A bank
should have information on its services in accessible formats such as Braille, but the bank
is not responsible for teaching a person with a visual impairment how to read using Braille.
Responsibility is not always clear, however. For example if an offce purchases new voice-
recognition software to accommodate a person who is unable to use a standard computer
keyboard, it would seem logical that the employer would teach that employee how to use the
new software as part of the reasonable accommodation.
Habilitation and rehabilitation are crucial to ensuring that persons with disabilities are able
to access all of their human rights. Without adequate habilitation and rehabilitation services,
persons with disabilities may not be able to work, go to school, or participate in cultural, sports
or leisure activities. At the same time, barriers to other human rights can prevent persons with
disabilities from claiming the right to habilitation and rehabilitation. For example, services may
be available, but if no accessible transportation exists, many people with disabilities will be
129
prevented from the beneft of these services. If information about habilitation and rehabilitation
services is not available in accessible formats, people with certain disabilities may have
never learned that they exist. These examples demonstrate how the right to habilitation and
rehabilitation and other human rights are indivisible, interdependent and interconnected.
While persons with disabilities have the same rights as every other person, the ways people
achieve their life goals - how they learn, how they communicate, how they interact with the physical
environment, how they interact socially, and many other factors - differ for a variety of reasons,
including disability. Habilitation and rehabilitation are processes designed to provide individualized
strategies, tools, and resources to assist persons with disabilities in achieving the objectives they
have set for themselves. These objectives may be as simple as taking the bus across town or as
complex as becoming a world-famous rocket scientist! The important thing to remember is that
ensuring access to habilitation and rehabilitation has been identifed in human rights law as an
obligation for States to enable persons with disabilities to claim their human rights.
Who May Beneft From Rehabilitation?
Persons with disabilities are just one group that has been identifed as entitled to rehabilitation
programs and services. International law and policy has long recognized the need for specifc
populations to have access to rehabilitation in order to successfully integrate or reintegrate in
society and lead independent, productive and happy lives.
Child soldiers and children affected by war:
The Optional Protocol to the Convention on the Rights of the Child (CRC) on the
Involvement of Children in Armed Confict calls for the physical and psychosocial rehabilitation
and social reintegration of children who are victims of armed confict
1
Refugees:
Article 14 of the Convention Against Torture (CAT) states that Each State Party shall ensure
in its legal system that the victim of an act of torture obtains redress and has an enforceable
right to fair and adequate compensation, including the means for as full rehabilitation as
possible.
2
The reporting guidelines for countries implementing the CAT require information on
any measures to assist in the victims rehabilitation and reintegration into the community.
Land Mine Survivors:
Article 6.3 of the Treaty to Ban Land Mines call on states to provide assistance for the care and
rehabilitation, and social and economic reintegration, of mine victims and for mine awareness
programs.
3
Torture Survivors:
In response to the report of the Special Rapporteur on Torture and other cruel, inhuman or
degrading treatment or punishment, the UN General Assembly adopted a resolution in 2007
that calls on national legal systems to ensure that torture victims receive appropriate social and
medical rehabilitation.
4
Rehabilitation is sometimes discussed in reference to whole countries as well as to our earths
environment after natural disasters or armed confict. Rehabilitation is for anything or anyone
who can beneft from assistance to ensure optimal functioning and realizing their full potential!
1 See: http://www.unhchr.ch/html/menu2/6/protocolchild.htm
2 See: http://www.unhchr.ch/html/menu3/b/h_cat39.htm
3 See: http://www.icbl.org/treaty/text
4 See: UN General Assembly Resolution 61/153, UN doc. A/RES/61/153. Available at: http://daccessdds.
un.org/doc/UNDOC/GEN/N06/503/61/PDF/N0650361.pdf?OpenElement
130
EXERCISE 9.1: Habilitation or Rehabilitation?
Objective: To understand what it means to enjoy the right to habilitation and rehabilitation
Time: 45 minutes
1. Introduce:
Remind participants of the distinctions between habilitation and rehabilitation.
2. Create Examples:
Divide participants into small groups; give each group 10 slips of paper and pens and these
instructions:
Working together as a group, make up two examples for each of these terms:
habilitation, rehabilitation and reasonable accommodation.
Write each example on a separate slip of paper along with a label indicating which term
you are illustrating.
Try to use a variety of disabilities (e.g., psycho-social and physical) and motivations
(e.g., health, employment, education, social service).
Sample:
You lost the ability to write after a stroke. Now you are learning to write again.
Rehabilitation
3. Test your knowledge:
Collect the slips, fold them and place in a container. Divide the participants into two teams and
explain the competition:
A player from Team A will draw a slip from the container and read it aloud.
The frst player from Team B must identify the situation as habilitation, rehabilitation and
reasonable accommodation. If the answer is correct, Team B wins a point.
Continue in this way, alternating teams until all the slips have been used. Tally a score and
declare a winner.

4. Defne:
Defne some basic objectives of the following areas of habilitation and rehabilitation:
health
employment
education
social services.
5. Discuss:
Are any of the above areas more important than others, in your opinion?
Do you think that most people with disabilities in your community have access to
adequate habilitation and rehabilitation services? Do you think that they know about
their right to habilitation and rehabilitation? If not, why?
What can be done to ensure that all people with disabilities have access to habilitation
and rehabilitation?
131
Peer Support in Habilitation and Rehabilitation
In the early 1960s, two students with quadriplegia were admitted to the University
of California at Berkeley, but instead of living in dormitory with other students, they
were required to live at the university hospital. As more students like them were
admitted, they formed a group and called themselves The Rolling Quads. The
Rolling Quads questioned their living situation. Why were they forced to live in a
hospital? There were many answers to this question. Dormitories on campus were
not accessible to people using wheelchairs. University administrators expressed
concern about students with disabilities needing medical care. The Rolling Quads
used personal assistants or attendants, but there was no provision for personal
assistants to share dormitory space. The Rolling Quads also brought up other
topics. They could not move freely around the city of Berkeley. There were no curb
cuts to go from one sidewalk to another. No accessible transportation existed. If a
students wheelchair broke down, there was no place to go to get it fxed.
The Rolling Quads decided to work together to advocate for their needs. As a result
of their advocacy, the university opened the frst Disabled Students Offce. After a
few years, many of the Rolling Quads were ready to graduate. To plan for the
future they devised a course called independent living, in which they discussed
how to improve conditions for people with disabilities in the city of Berkeley, just as
they had done with the University. Eventually, this group opened the frst Center for
Independent Living and helped to start a worldwide movement.
The Berkeley students acted on their own initiative, but they were not alone in their
actions to champion disability rights. Similar groups were meeting all around the
world, and these groups began communicating with each other. These peer groups
came to believe that they knew more about life with a disability than the experts.
They decided that the experts about their own lives were really themselves. This
viewpoint changed their way of looking at the world. If people with disabilities were
their own experts then they were the ones most qualifed to teach about their
experiences and council other disabled people about living with a disability. They
began to call themselves peer counselors.
The Rolling Quads took it upon themselves to identify their own goals for their lives
at the University and beyond and made plans for how to achieve these goals. They
helped one another through their shared experience. They knew what resources
they needed and how to teach others to access those same resources. They took
control of their own habilitation and rehabilitation!
5
5 Adapted from Brown, Steve. Peer Counseling: Advocacy-Oriented Peer Support Part One. 1999. Inde
pendent Living Research Utilization. http://www.ilru.org/html/publications/readings_in_IL/peer1.html
132
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT HABILITATION AND
REHABILITATION?
Several international instruments address the subject of rehabilitation.
Article 23 of the Convention on the Rights of the Child (CRC) calls on States Parties to ensure
effective access of children with disabilities to
education, training, health care services, rehabilitation services, preparation for
employment and recreation opportunities in a manner conducive to the childs achieving
the fullest possible social integration and individual development, including his or her
cultural and spiritual development.
6
The International Labour Organisations (ILO) Vocational Rehabilitation and Employment
(Disabled Persons) Convention, adopted in 1983, calls on members to implement national
policies on vocational rehabilitation to ensure that appropriate vocational rehabilitation
measures are made available to all categories of disabled persons.
7
This convention states
that the purpose of vocational rehabilitation is to enable a disabled person to secure, retain
and advance in suitable employment and thereby to further such persons integration or
reintegration into society. Although the text does not provide detailed guidance on what
vocational rehabilitation should include, it recognizes that the concept of rehabilitation had
evolved signifcantly since the development of previous ILO standards in 1955 and refers
to the need for adoption of new standards based on the UN World Programme of Action
Concerning Disabled Persons.
8
In that non-binding instrument, rehabilitation was recognized
to include the following range of services:
Early detection, diagnosis and intervention
Medical care and treatment
Social, psychological and other types of counseling and assistance
Training in self-care activities, including mobility, communication and daily living skills,
with special provisions as needed (e g., for people with hearing impairment or visual
impairment)
Provision of technical and mobility aids and other devices
Specialized education services
Vocational rehabilitation services (e.g., vocational guidance, vocational training,
placement in open or sheltered employment)
Follow-up.
Rehabilitation was further refned and expanded upon in the UN Standard Rules on the
Equalization of Opportunities for Persons with Disabilities, which classifes rehabilitation
as fundamental concept in disability policy and a pre-condition for equal participation and
offers the following defnition:
The term rehabilitation refers to a process aimed at enabling persons with
disabilities to reach and maintain their optimal physical, sensory, intellectual,
psychiatric and/or social functional levels, thus providing them with the tools
to change their lives towards a higher level of independence. Rehabilitation
7 See http://www.ilo.org/public/english/employment/skills/hrdr/instr/c_159.htm
8 See http://www.un.org/documents/ga/res/37/a37r052.htm
133
may include measures to provide and/or restore functions, or compensate
for the loss or absence of a function or for a functional limitation. The
rehabilitation process does not involve initial medical care. It includes a wide
range of measures and activities from more basic and general rehabilitation
to goal-oriented activities, for instance vocational rehabilitation.
9
The Standard Rules call on States to ensure access by all persons with disabilities to
comprehensive, individualized rehabilitation programs and stress the importance of
participation by individuals with disabilities in the design and organization of rehabilitation
services concerning themselves. The Standard Rules reinforce the need for rehabilitation to
be provided in the local community, although it also accepts of short-term residential programs
for certain training objectives. In addition States are instructed to draw upon the expertise
of organizations of persons with disabilities when formulating or evaluating rehabilitation
programs.
At the 58
th
World Health Assembly in 2005, the World Health Organisation adopted a
resolution affrming its commitment to promoting comprehensive rehabilitation programs and
services, noting the importance of full physical, informational, and economic accessibility
in all spheres of life, including to health and rehabilitation services, in order to ensure full
participation and equality of persons with disabilities. The resolution recognizes that people
with disabilities are important contributors to society and that allocating resources to their
rehabilitation as an investment.
10
The Convention on the Rights of Persons with Disabilities (CRPD) is the frst document to
mention both habilitation and rehabilitation. Article 26 calls on States to organize, strengthen
and extend comprehensive habilitation and rehabilitation services and programs, particularly
in the areas of health, employment, education and social services. The CRPD stresses
that habilitation and rehabilitation should be multi-disciplinary and individualized to take into
account the needs and strengths of the person and that services should be available to people
as close to their own communities as possible. It recognizes the need for ongoing training of
habilitation and rehabilitation professionals and the important role that assistive technologies
and devices in habilitation and rehabilitation processes.
The CRPD also mentions rehabilitation in the articles on work, health, and freedom from
exploitation, violence, and abuse, though no specifcs are offered as to what rehabilitation
entails in those contexts.
The principle of participation by persons with disabilities in the design, development, and
implementation of habilitation and rehabilitation programs is implicit in the fundamental
concepts of participation, autonomy, and decision-making included in CRPD Article 3 on
General Principles. The principles contained in this article are considered foundational, which
means they inform and apply to all of the human rights throughout the Convention. The frst of
the General Principles listed in Article 3 is:
a. Respect for inherent dignity, individual autonomy including the freedom to make ones
own choices, and independence of persons;
Respecting the freedom of choice and the independence of persons with disabilities is an
essential component of ensuring the right to habilitation and rehabilitation.
10 See http://www.who.int/disabilities/publications/other/wha5823/en/index.html
134
Some Startling Statistics about Habilitation and Rehabilitation
People with disabilities are estimated to form 10% of the population in any
country, and around 2% would need some form of rehabilitation services. Yet
only 0.01% to 0.02% of the population in developing countries actually gets
such services.
11

Fewer than 10% of landmine victims have access to proper medical care and
rehabilitation services. In many countries landmine accidents happen in remote
areas, where the victim cannot reach a hospital in time. The U.S. Department
of State estimates that less than one in four landmine amputees are ftted with
a proper prosthesis.
In Australia, women with disabilities participate in the labor market at a lower
rate than men with disabilities across all disability levels and types. Women
with disabilities are less likely than men with disabilities to receive vocational
rehabilitation or entry to labor market programs. Commonwealth Rehabilitation
Services statistics for 1994/5 indicate only 35% of referred clients were female
with women more likely to be rehabilitated to independent living (45%) than
vocational goals (36%).
12
EXERCISE 9.2: Participating in the Design of Habilitation and
Rehabilitation Programs
Objective: To practice developing an action plan for habilitation or rehabilitation
Time: 1 hour
Materials: None

1. Introduce:
Ask participants questions like these about the importance of the participation of people with
disabilities:
Why it is important for habilitation and rehabilitation programs to be individualized?
Why should persons with disabilities play a role in developing programs for which they
are the benefciaries?
How are habilitation and rehabilitation programs usually planned in your community?
2. Discuss:
Divide participants into small groups. Give these instructions:
11 Zhao, Tizun and Kwok, Joseph Evaluating Community Based Rehabilitation: Guidelines for Accountable
Practice. Disability INFormation Resources (DINF).
www.dinf.ne.sp/doc/Englsih/resource/2000221/2000210z.htm
12 Submission from Women With Disabilities Australia (WWDA) to the Standing Committee on Employment
and Workplace Relations Inquiry into Increasing Participation in Paid Employment. 2003. Women with
Disabilities Australia. http://www.wwda.org.au/employsub.htm
135
Invent a fctional but typical situation of a person who requires habilitation or
rehabilitation services in one of the following areas: health, employment, education or
social services.
Choose somebody to play the role of the client (the person for whom the habilitation or
rehabilitation is being provided).
Other group members can designate themselves as other actors, such as service
providers, counselors, doctors, family members, disability advocates, other people with
disabilities, or others who should be involved in the design and implementation of a
habilitation or rehabilitation plan.
Use the following questions as a basic guide for developing an outline for the plan.
Stress to participants that they are not being asked to create a complicated, detailed
plan, but rather an outline that defnes the goals, approach, and basic structure. Some
questions should be answered by the solely or primarily by the client, while others will
involve other actors.
What goal are you attempting to reach that requires assistance in the form of
habilitation or rehabilitation?
What is the defnition of success for your habilitation or rehabilitation scheme?
Why are you entitled to these services?
What human rights are affected by your need for habilitation or rehabilitation in this
context?
Who should participate in the design of your program?
What is each persons responsibility (including the client)?
What resources are required for the client to successfully reach his or her goals
(e.g., training, assistive technologies)?
What qualifcations, training, or education should instructors, counselors, health
care practitioners or other team members have in order to provide the habilitation or
rehabilitation services required.
3. Report:
Ask each group to introduce its client, and explain the collaborative process they used to
design the habilitation or rehabilitation plan. Allow both the client and the spokesperson to
describe their roles in planning. Briefy describe the plan.
4. Analyze/Discuss:
What was the most diffcult part of this process? What problems were encountered?
What types of decisions were easy?
What other questions or subjects, in addition to those listed above, did the groups
identify as critical to address?
What can persons with disabilities do if they feel like they are not being included in
decisions regarding their own habilitation and rehabilitation programs?
136
UN Agencies and Community Based Rehabilitation
In 1994 the International Labour Organization (ILO), United Nations Educational Scientifc
and Cultural Organization (UNESCO) and World Health Organization (WHO) produced a
Joint Position Paper on Community Based Rehabilitation in order to promote a common
approach to the development of community based rehabilitation (CBR) programs. The
paper states:
CBR is a strategy within general community development for the
rehabilitation, equalization of opportunities and social inclusion of all people
with disabilities.
CBR is implemented through the combined efforts of people with disabilities
themselves, their families, organizations and communities, and the relevant
governmental and non-gov ernmental health, education, vocational, social
and other services.
The major objectives of CBR are:
1. To ensure that people with disabilities are able to maximize their physical
and mental abilities, to access regular services and opportunities,
and to become active contributors to the community and society at large.
2. To activate communities to promote and protect the human rights of people
with disabilities through changes within the community, for example, by removing
barriers to participation.
The ILO/UNESCO/WHO approach clearly recognizes that persons with disabilities are
entitled to rehabilitation, but also that the communities themselves require training,
assistance, and resources to reach their own goals of including all of their members and
benefting from the contributions that persons with disabilities can make.
13
HABILITATION AND REHABILITATION FOR PERSONS WITH
INTELLECTUAL DISABILITIES AND PSYCHO-SOCIAL DISABILITIES

Persons with intellectual or psycho-social disabilities are particularly vulnerable to human
rights violations committed in the name of rehabilitation. The objective of habilitation and
rehabilitation under the CRPD is to enable persons with disabilities to attain and maintain
maximum independence, full physical, mental, social and vocational ability, and full inclusion
and participation in all aspects of life. These efforts must always be based on the goals and
preferences expressed by the person who is receiving the rehabilitation service.
Persons with intellectual or psycho-social disabilities are often subjected to programs and
therapies intended not to help them achieve what they want, but rather to change them in a
way that the person may not wish to be changed. It would be unthinkable to force a person
without an arm to wear an unwanted prosthetic limb or to insist that a blind person who
13 See http://www.ilo.org/public/english/employment/skills/download/jointpaper.pdf
137
does not like animals learn to work with a service dog. However, people with intellectual
disabilities or psycho-social disabilities are assumed not to know what is good for them or
to be incapable of defning reasonable goals for themselves. In these cases, doctors, family
members, or others often employ rehabilitation approaches that further their own objectives
and may violate the wishes of the individual with intellectual disabilities. Such rehabilitation
violates fundamental human rights principles such as autonomy, freedom of expression,
participation and inclusion, non-discrimination, and personal integrity. Furthermore, it directly
contravenes the core purpose of habilitation and rehabilitation, which must be based on
what the person decides is right and appropriate for himself and herself, independently or in
the context of supported decision-making, if this support is requested by the person with the
disability.
EXERCISE 9.3: Making a Commitment to Promote Habilitation and
Rehabilitation
Ask if after learning about the human right of people with disabilities to habilitation and
rehabilitation, the group is ready to think about taking concrete action.
the human right of people with disabilities to exercise their right to habilitation and
rehabilitation.
Action for the Human Rights of Persons with Disabilities, p. 229.
USEFUL RESOURCES ON THE RIGHT TO HABILITATION AND
REHABILITATION
ILO Convention 159 (concerning Vocational Rehabilitation and Employment (Disabled
Persons): http://www.ilo.org/ilolex/english/convdisp1.htm
ILO Vocational Rehabilitation and Employment (Disabled Persons) Recommendation
(No. 168): http://www.ilo.org/ilolex/english/recdisp1.htm
WHO Disability and Rehabilitation Team (DAR): http://www.who.int/disabilities/en/
WHO Disability and Rehabilitation Action Plan 2006-2011: http://www.who.int/disabilities/
publications/dar_action_plan_2006to2011.pdf
World Bank, Community-based rehabilitation (CBR): http://web.worldbank.org/WBSITE/
EXTERNAL/TOPICS/EXTSOCIALPROTECTION/EXTDISABILITY/0,contentMDK:20192
706~menuPK:418196~pagePK:148956~piPK:216618~theSitePK:282699,00.html
138
CHAPTER 10: THE RIGHT TO WORK
Article 27: Work and employment
1. States Parties recognize the right of persons with disabilities to work on an equal
basis with others; this includes the right to the opportunity to gain a livig by work freely
chosen or accepted in a labour market and work environment that is open, inclusive
and accessible to persons with disabilities. States Parties shall safeguard and promote
the realization of the right to work, including for those who acquire a disability during
the course of employment, by taking appropriate steps, including through legislation,
to, inter alia:
(a) Prohibit discrimination on the basis of disability with regard to all matters concerning
all forms of employment, including conditions of recruitment, hiring and
employment, continuance of employment, career advancement and safe and
healthy working conditions;
(b) Protect the rights of persons with disabilities, on an equal basis with others, to
just and favourable conditions of work, including equal opportunities and equal
remuneration for work of equal value, safe and healthy working conditions, including
protection from harassment, and the redress of grievances;
(c) Ensure that persons with disabilities are able to exercise their labour and trade
union rights on an equal basis with others;
(d) Enable persons with disabilities to have effective access to general technical and
vocational guidance programmes, placement services, and vocational and
continuing training;
(e) Promote employment opportunities and career advancement for persons
with disabilities in the labour market, as well as assistance in fnding, obtaining,
maintaining and returning to employment;
(f) Promote opportunities for self-employment, entrepreneurship, the development of
cooperatives and starting ones own business;
(g) Employ persons with disabilities in the public sector;
(h) Promote the employment of persons with disabilities in the private sector
through appropriate policies and measures, which may include affrmative action
programmes, incentives and other measures;
(i) Ensure that reasonable accommodation is provided to persons with disabilities in
the workplace;
(j) Promote the acquisition by persons with disabilities of work experience in the open
labour market;
(k) Promote vocational and professional rehabilitation, job retention and return-to-work
programmes for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or in
servitude, and are protected, on an equal basis with others, from forced or compulsory
labour.
139
OBJECTIVES
Defne the right to work
Explain the importance of the right to work for people with disabilities
Understand the interrelation between the right to work and other human rights
Identify ways in which the rights of people with disabilities to work have been promoted
or denied
Understand the provisions on work and employment in the UN Convention on the
Rights of Persons with Disabilities (CRPD).
GETTING STARTED: THINKING ABOUT WORK AND EMPLOYMENT
The phrase right to work can be misleading. Just as the right to health cannot guarantee
that a person will be healthy, the right to work cannot guarantee all people of working age
a job. No government can realistically guarantee such a right. Instead, the right to work
encompasses the right of all people to the opportunity to earn a living by freely choosing or
accepting work, and to undertake that work in safe and favourable working conditions. The
right to work also includes the right to form and join trade unions, through which people can
protect their interests and advocate for safe and favourable working conditions.
Unfortunately, people with disabilities have frequently been denied the right to work. Attitudes
and assumptions about the capabilities of people with disabilities often lead employers to the
false assumption that a persons disability makes him or her less capable, and so disqualifes
him or her from being able to perform work-related tasks. This misconception causes people
with disabilities not to be hired, or to be hired only for jobs that do not utilize their knowledge
and skills. Similar attitudes lead employers to believe that some employees with disabilities,
especially those with psycho-social disabilities, may be dangerous to themselves or others
in the workplace or that customers will be offended or feel uncomfortable by the presence of
persons with disabilities. Employers also often assume that the costs of implementing disability
accommodations (such as accessibility features or fexible working schedules) are prohibitively
expensive. Some employers use this rationale to pay their employees with disabilities a lower
salary than that received by others doing comparable work. In more extreme cases, people
with disabilities may fnd themselves forced into abusive, exploitative, slave-labour, or other
unsafe working conditions, perhaps with no pay at all. Alternatively, people with disabilities are
denied opportunities to work in mainstream settings, and may have to work in a segregated
setting when they might not otherwise choose to do so.
Collectively these attitudes and assumptions result in many people with disabilities being
denied the enjoyment of their right to work at any and all stages of the employment cycle,
including initial hiring, continuing employment, and career advancement. Furthermore, the
subtle and insidious nature of discrimination on the basis of disability in workplace settings can
make it extremely diffcult for people with disabilities to challenge the violation of their rights.
For example, many employers will not openly state that a persons disability is the reason
they have failed to hire a person or have terminated a persons employment. They might, for
example, say that they preferred other applicants. Gathering the evidence needed to challenge
such discrimination may prove almost impossible.
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Violations of other human rights can create additional barriers to people with disabilities being
able to fully enjoy their right to work. For example:
The lack of accessible transportation may deprive people with disabilities of their ability
to access places of employment;
The lack of access to education and to access vocational and other training
opportunities may leave people with disabilities unable to meet specifc job
qualifcations, and may also restrict their earnings potential;
The lack of opportunity to live independently and in the community may force people
with disabilities to live in segregated institutional settings, where access to meaningful
work opportunities may be non-existent or greatly restricted;
The lack of access to health care services may leave people with disabilities in poor
health and as a result unable to work; and
The lack of access to information may make it diffcult for people with disabilities to
become aware of job postings and other information about potential employment.
Violations of the right to work may also lead to violations of the enjoyment of other human
rights by people with disabilities. For example, a disabled person who is unable to work and
earn a fair wage may be unable to attain an adequate standard of living. This circumstance,
in turn, may force that person to become dependent upon others, restricting choices and
curtailing the ability to live independently in the community. In many cases, people with
disabilities who are unable to fnancially support themselves can become trapped in a cycle of
poverty, and unable to meet even their most basic needs for food, water, clothing, and shelter,
or indeed raise a family as they would wish. In some countries employment provides a means
of accessing the health insurance needed to obtain health care services. Where people with
disabilities are unable to obtain employment in such countries, their access to health care
services may also be restricted.
Perhaps the most far-reaching impact of the denial of the right to work is on a persons sense
of dignity and self-worth. In many societies, the ability to work is commonly viewed as one of
the most important ways in which people can make their individual contributions to society,
and those perceived as unable or unwilling to work may be viewed as less valuable members
of that society, especially when their inability to earn a living causes them to become reliant
on the support of the government or others. Thus, full enjoyment of the right to work can be
of critical importance in the full inclusion of people with disabilities as equal members of the
societies in which they live, as well as in the self-image and sense of self-worth that people
with disabilities have of themselves.
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The Right to Work for People with Disabilities and
the International Labour Organisation
The International Labour Organisation (ILO) is the global body mandated to oversee
the development and monitoring of international labour standards that promote
enjoyment of decent work. Founded in 1919, it became the frst specialized agency
of the United Nations in 1946. The ILO is unique amongst UN agencies for its
use of a tripartite system that brings together representatives of governments,
employers, and workers to develop jointly policies and programmes.
Although the ILO works to promote decent work for all people, it also pays specifc
attention to the enjoyment of the right to work by specifc groups of people, such
as young persons, women, indigenous peoples, and people with disabilities. In
addition to its adoption of Convention 159 (concerning Vocational Rehabilitation
and Employment (Disabled Persons)) and its Vocational Rehabilitation and
Employment (Disabled Persons) Recommendation (No. 168), the ILO also
operates the ILO Disability Programme:
The ILO Disability Programme promotes decent work for women and men with
disabilities and facilitates means to overcome the obstacles preventing people with
disabilities from full participation in the labour markets. Working from the Infocus
Programme on Skills, Knowledge and Employability, the programme involves the
following main activities:
Improving knowledge on disability-related matters concerning training and
employment;
Advocacy, guidance and policy advice to governments, workers and
employers organizations on training and organizations of/for people with
disabilities;
Technical advisory services and cooperation activities.
1
EXERCISE 10.1: What Does it Mean to Enjoy the Right to Work?
Objective: To understand what it means to enjoy the right to work
Time: 30 minutes
1. Defne:
Divide participants into small groups and ask each group to come up with their own defnition
of the right to work.
2. Report/Discuss:
Ask a spokesperson from each group to give their defnition. Record these and discuss
the differences and similarities of these defnitions. Help the group recognize where their
defnitions may differ from that used in this chapter.
1 See http://www.ilo.org/public/english/employment/skills/disability/iloprog.htm
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3. Discuss:
Do you know people with disabilities in your community who work? Where do they work
and what kinds of jobs do they do?
Do the people with disabilities in your community who work seem to enjoy the right to
work according to your defnition?
Do you think that most people with disabilities in your community enjoy the right to
work? Who in particular do you think does enjoy the right to work? Who does not?
What can be done to ensure that all people with disabilities in the community can fully
enjoy the right to work?
What can be done to ensure that all people with disabilities in the community can fully
enjoy the right to work?
Examples of Barriers to the Right to Work
Physical barriers to places of work in other words, the workplaces
themselves are not physically accessible;
Lack of accessible transportation to places of work;
Legislation, regulations, policies, or practices that prohibit people with
disabilities from working in particular jobs or that do not protect people
experiencing disability-based discrimination in employment settings;
Lack of accessible information about available employment opportunities;
Lack of accommodations to facilitate communication in employment settings
by people with disabilities, especially blind, deaf, deafblind, people with
intellectual disabilities, and people with learning disabilities;
Attitudes about the ability of people with disabilities to work and be qualifed
and contributing employees.
EXERCISE 10.2: Understanding Barriers to Enjoyment of the
Right to Work
Objective: To explore barriers to the right to work
Time: 45 minutes
Materials: None
1. Introduction:
Ask for people to give examples of barriers that prevent some people with disabilities in the
community from enjoying the right to work. List these.
Ask if some particular groups of people with disabilities are especially prevented from enjoying
the right to work.
2. Discuss:
Divide participants into small groups of two or three. Ask each to make up a short fctional but
typical biography of a person with disabilities in this community, describing how he or she was
denied the right to work.
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3. Report:
Ask each group to present its biography.
4. Analyze/Discuss
Discuss with the group what it would take for each of these fctional people to achieve the right
to work.
Consider the various supports and accommodations referenced in Article 27.
What could be done to obtain these supports and accommodations?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT THE RIGHT TO WORK?
The right to work is addressed in a variety of human rights law instruments. For example, the
Universal Declaration of Human Rights (UDHR) discusses the right to work in Article 23,
addressing such issues as freedom of choice in employment, fair pay, equal pay for equal
work, and the right to form and join trade unions. The International Covenant on Civil and
Political Rights (ICCPR) also contains provisions relevant to the right to work in Article 8,
which focuses on the right of everyone not to be held in slavery or servitude, as well as to be
free from forced or compulsory labor except in certain limited circumstances.
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
elaborates further on the right to work, with three articles addressing related issues, including:
Article 6 affrming the right to work and calling on governments to achieve its
realization through polices and practices that safeguard fundamental political and
economic freedoms to the individual;
Article 7 addressing the right of everyone to just and favourable conditions of
work, including safe and healthy working conditions, fair wages, equal opportunity for
promotion subject to seniority and competence, and rest and leisure time;
Article 8 addressing the right of everyone to form and join trade unions, and the
rights of trade unions to function freely subject only to those restrictions necessary
in a democratic society to preserve public order or protect the rights and freedoms of
others.
2
General Comment No. 5 of the Committee on Economic, Social and Cultural Rights (the
treaty body responsible for monitoring implementation of the ICESCR) addresses some of the
barriers faced by people with disabilities in fully enjoying the right to work under the ICESCR,
such as the pervasiveness of disability-based discrimination in the employment feld, the
limited and often substandard employment options available to people with disabilities, and
the barriers to work resulting from lack of enjoyment of other human rights, such as access
to transportation to get to work. It also notes the need for governments to ensure that people
with disabilities can fully enjoy their trade union-related rights, and to regularly consult with
organizations of persons with disabilities on employment and other matters.
3
Article 32 of the Convention on the Rights of the Child (CRC) recognizes the right of all
children to be free from economic exploitation and any work that might interfere with their
education, or that would be harmful to their health or physical, mental, spiritual, moral or social
development. In addition, it requires States to establish a minimum age (or minimum ages)
for employment, to regulate the hours and conditions of employment, and to ensure the use of
penalties or other sanctions in order to enforce Article 32.
4
3 See http://www.unhchr.ch/tbs/doc.nsf/(symbol)/E.C.12.2000.4.En
144
The 1993 UN Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (Standard Rules) addresses a number of issues that can impact the ability of
people with disabilities to enjoy the right to work, including:
Awareness-raising of the rights, needs, potential and contributions of people with
disabilities in society (Rule 1);
Rehabilitation (Rule 3);
Support services to promote independence and facilitate the exercise of rights by
people with disabilities (Rule 4);
Physical, informational and communication accessibility (Rule 5);
Education (Rule 6);
Employment (Rule 7);
Personnel training (Rule 19).
5
The Convention on the Rights of Persons with Disabilities (CRPD) expands upon the
issues addressed in earlier human rights documents and helps to clarify how States can
respect, protect and fulfll the right to work. Because of the interrelated, interdependent and
indivisible nature of human rights, many articles in the CRPD can be considered relevant to
the enjoyment of this right. However, Article 27 specifcally focuses on the right to work.
Quite a lengthy article, Article 27 contains two subsections. The frst and longest of these
expressly recognizes the right of persons with disabilities to work on an equal basis with
others, including the right to the opportunity to gain a living by work freely chosen or accepted.
It further states that the right to work should be enjoyed in a labour market and work
environment that is open, inclusive and accessible to persons with disabilities. Article 27(1)
then goes on to address some of the specifc steps that States should take in promoting the
realization of the right to work by people with disabilities, including:
Prohibiting discrimination on the basis of disability regarding all areas and forms of
employment;
Protecting the right to just and favourable conditions of work, including through equal
pay for equal work, safe and healthy working conditions, protection from harassment,
and resolution of complaints;
Ensuring that people with disabilities can exercise their labour and trade union rights on
an equal basis with others;
Enabling access to general technical and vocational guidance programmes and other
placement and training services;
Promoting employment opportunities and career advancement for people with
disabilities and providing assistance in fnding, obtaining, maintaining and returning to
employment;
Promoting opportunities for self-employment, entrepreneurship, developing
cooperatives and business start-up;
Employing people with disabilities in the public sector;
Promoting employment in the private sector through affrmative action, incentives and
other appropriate policies and measures;
Ensuring provision of reasonable accommodation in the workplace;
Promoting work experience for people with disabilities in the open labour market; and
Promoting vocational and professional rehabilitation, job retention and return-to-work
programmes.
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Although much shorter, Article 27(2) is an important provision addressing the issue of
exploitative labor. It requires States to ensure that people with disabilities are not held in
slavery or servitude and are protected on an equal basis with others from forced or compulsory
labour.
States must respect the right work by ensuring that State actors such as government offcials
do not interfere with the exercise and enjoyment of the right by people with disabilities. States
must also protect the right by ensuring that non-State actors, such as businesses and trade
unions, do not interfere with the exercise and enjoyment of the right. Furthermore, States have
an obligation to fulfll the right by taking action (such as the steps outlined in Article 27(1)) to
ensure that people with disabilities are able to exercise the right. In short, international human
rights law strongly supports the right of people with disabilities to work, not only as a right in
itself, but so that people with disabilities may better enjoy their other human rights and fully
assume their responsibilities as members of society and contribute to that society.
EXERCISE 10.3: Understanding the Right to Work
Objective: To review and understand the right to work affrmed by the CRPD
Time: 45 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to paraphrase Article
27 in common language and give some examples of how that right could be enjoyed and make
a difference for people with disabilities in their community.
Note to Facilitator: Given the length of Article 27, you may want to ask different groups to
address different sections.
2. Paraphrase:
Read Article 27 aloud. Pause at each comma or natural section to ask different groups for their
3. Give examples:
Ask for examples of how the right to work could be enjoyed and make a difference for people
with disabilities.
4. Discuss:
does it mean to people with disabilities in your country?
AWARENESS-RAISING IN EMPLOYMENT SETTINGS
In order for employers to uphold their obligations to current and potential employees with
disabilities, and in order for people with disabilities to advocate for full enjoyment of their rights,
both employers and people with disabilities need to be aware of their obligations and rights.
Many employers in both the public and private sectors are increasingly adopting disability
policies that outline their responsibilities and the rights of people with disabilities. Sometimes
146
employers adopt such policies of their own accord, and sometimes they do so in response to
national legislation and the encouragement of disabled peoples organizations. Such policies
help to remind those in decision-making roles of the responsibilities they have towards
employees and customers with disabilities. They can also help to empower people with
disabilities to claim their rights and challenge violations of their rights.
However, policies alone are typically not enough to ensure awareness or guarantee that
people with disabilities fully enjoy their rights. It is not enough for an employer to have a policy,
but rather steps also need to be taken to ensure that all affected by the policy are aware of
its content and understand what they need to do to put the policy into action. Training may be
needed to help people understand their rights and responsibilities under the policy, and further
supports may be needed to give effect to a policy. In addition, mechanisms need to be in place
to address violations of the policy effectively, and people wishing to challenge violations need
to understand how to use those mechanisms and feel safe in doing so. If employees worry that
they may lose their job or be punished in some way for drawing attention to a violation, then
arguably even a well-written policy is ineffective.
Can you think of any employers that have policies addressing the inclusion of
employees with disabilities?
Were these policies developed with the input of people with disabilities and/or their
representative organizations?
How could these policies or the actions taken to effectively implement them be
improved?
How could you or your organization advocate for or assist in the adoption of such
policies?
Volkswagens Corporate Commitment to
As part of the 2003 European Year of People with Disabilities, and building upon
earlier company initiatives, international car manufacturer Volkswagen signed an
agreement pledging to better integrate staff with disabilities into the mainstream
work process through education, training and internal communications. As part of
the 2003 celebrations, Volkswagen also released a brochure entitled Away From
Paternalism Toward Enablement, in which it outlined a variety of steps it is taking
to promote disability issues, including:
Working to ensure that its products are accessible to people with
disabilities;
Prohibiting disability-based discrimination in the work environment;
Utilizing principles of universal design to promote a healthy and safe
work environment, to integrate employees with disabilities, and to re-
integrate employees who may have become disabled during the time
they have been employed with the company;
Utilizing reasonable accommodation where universal design features
do not adequately accommodate employees with disabilities; and
Forming integration teams of different management departments and
representatives of people with disabilities, in order to work cohesively
towards the gradual implementation of disability policies throughout
all company departments and manufacturing plants.
147
EXERCISE 10.4: Making a Commitment to Promote the Right to Work
Ask if after learning about the human right to work of people with disabilities, the group
is ready to think about taking concrete action.
the human right of people with disabilities to exercise their right to work. For example
how can participants better help employers to understand that employing people with
disabilities is not only legally required, but a desirable thing for employers because of
the contributions that people with disabilities can make to the work and workplace?
USEFUL RESOURCES ON THE RIGHT TO WORK
Americans with Disabilities Act Guide for Small Businesses:
http://www.ada.gov/smbustxt.htm
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)
4b0c449a9ab4ff72c12563ed0054f17d?Opendocument
Persons): http://www.ilo.org/ilolex/english/convdisp1.htm
ILO Vocational Rehabilitation and Employment (Disabled Persons) Recommendation
(No. 168): http://www.ilo.org/ilolex/english/recdisp1.htm
ILO Skills and Employability Department Disability and Work cross-cutting theme:
http://www.ilo.org/public/english/employment/skills/disability/index.htm
148
CHAPTER 11: LIVING INDEPENDENTLY
AND WITH DIGNITY IN THE COMMUNITY
Article 19, Living independently and being included in the community:
States Parties to this 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,
including by ensuring that:
(a) Persons with disabilities have the opportunity to choose their place of residence and where and with
whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
(b) Persons with disabilities have access to a range of in-home, residential and other community support
services, including personal assistance necessary to support living and inclusion in the community, and
to prevent isolation or segregation from the community;
(c) Community services and facilities for the general population are available on an equal basis to persons
with disabilities and are responsive to their needs.
Article 28, Adequate standard of living and social protection:
1. States Parties recognize the right of persons with disabilities to an adequate standard of living for
themselves and their families, including adequate food, clothing and housing, and to the continuous
improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization
of this right without discrimination on the basis of disability.
2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of
that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and
promote the realization of this right, including measures:
(a) To ensure equal access by persons with disabilities to clean water services, and to ensure access to
appropriate and affordable services, devices and other assistance for disability-related needs;
(b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older
persons with disabilities, to social protection programmes and poverty reduction programmes;
(c) To ensure access by persons with disabilities and their families living in situations of poverty to
assistance from the State with disability-related expenses, including adequate training, counseling,
fnancial assistance and respite care;
(d) To ensure access by persons with disabilities to public housing programmes;
(e) To ensure equal access by persons with disabilities to retirement benefts and programmes.
Article 12, Equal recognition before the law:
1. States Parties reaffrm that persons with disabilities have the right to recognition everywhere as persons
before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with
others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support
they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for
appropriate and effective safeguards to prevent abuse in accordance with international human rights law.
Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights,
will and preferences of the person, are free of confict of interest and undue infuence, are proportional and
tailored to the persons circumstances, apply for the shortest time possible and are subject to regular
review by a competent, independent and impartial authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect the persons rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to
ensure the equal right of persons with disabilities to own or inherit property, to control their own fnancial
affairs and to have equal access to bank loans, mortgages and other forms of fnancial credit, and shall
ensure that persons with disabilities are not arbitrarily deprived of their property.
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OBJECTIVES
Defne the right to live independently and with dignity in the community
Explain the importance of living independently and with dignity in the community for
Understand the interrelation between living independently and with dignity in the
community and other human rights
Identify ways in which the rights of people with disabilities to live independently and with
dignity in the community have been promoted or denied
Understand the provisions on living independently and with dignity in the community in
the UN Convention on the Rights of Persons with Disabilities (CRPD).
GETTING STARTED: THINKING ABOUT LIVING INDEPENDENTLY
AND WITH DIGNITY IN THE COMMUNITY
Very few people in the world live completely by themselves without any contact with other
people! All of us rely to some extent on other people, to provide us with advice, friendship,
goods, services, and a variety of other kinds of support. What then does living independently
mean if not living solely by yourself? In essence, the right to live independently means the right
to choose how you live, where you live, with whom you live, and to what degree you wish to
interact with your community. It also means having access to any support you might need to
realize those choices and to achieve an adequate standard of living.
A critical component of the right to live independently in a manner that respects inherent
human dignity is the opportunity to make ones own decisions and to have those decisions
be respected and acted upon. Many people with disabilities have been denied this right, even
with respect to the most basic of decisions, such as what to wear or eat or drink. In some
cases, national legislation has expressly barred people with disabilities (especially people with
intellectual or psycho-social disabilities) from making their own decisions by depriving them
of the legal capacity needed to do so. In other instances, people have ignored the decisions
of family members or friends with disabilities because they do not believe the person has the
capacity to make sensible decisions.
Information and communication barriers can also negatively impact the ability of people
with disabilities to make decisions. For example, the lack of accessible information can
deprive people with disabilities of the information they need to reach a decision. The lack of
communication accommodations (e.g., computer-aided real-time transcription or CART) or sign
language interpreters) may make it diffcult for people with disabilities to express themselves
and make their opinions and decisions understood.
Violations of other human rights can create barriers to the ability of people with disabilities to
live independently and with dignity in the community. For example:
150
Disability-based discrimination in employment settings may deprive people with
disabilities of the means to earn an income to support themselves;
The lack of accessible transportation not only deprives people with disabilities of the
right to liberty of movement, but also harms their ability to access work, education,
healthcare, and shops, as well as to interact fully with the community;
Services such as medical care or rehabilitation that are available to others locally in
a general hospital or on an outpatient basis may only be available to persons with
disabilities in an institutional setting;
The lack of an adequate standard of living may force people with disabilities to live in a
segregated institutional setting or with family members merely for survival reasons, such
as access to food and shelter;
The lack of accessible housing may greatly reduce the choices available to people with
disabilities who want to live in a particular community;
Negative and discriminatory attitudes towards people with disabilities may make
persons with disabilities feel uncomfortable or unsafe among other community
members and in turn encourage them to avoid such interactions. Such attitudes may
even encourage family members to hide their family members with disabilities from the
community.
Violations of the right to live independently in the community also frequently lead to violations
of other human rights. For example, forcing people with disabilities to live in segregated
settings deprives them of the opportunity to participate fully in the social, cultural, and political
life of their community. Children with disabilities who must live apart from their families are
deprived of the opportunity to grow up in a family setting, and often are denied quality inclusive
education. Institutional settings can often expose people with disabilities to a higher risk of
violence, sexual abuse and even death, especially women and girls with disabilities and people
with intellectual disabilities. Segregated settings may also deprive people with disabilities of
the opportunity to exercise their right to marry and have a family of their own. These examples
illustrate that human rights are indivisible, interdependent, and interconnected. Above all,
violation of the right to live independently in the community disrespects the basic dignity of
people with disabilities that is inherent in all human beings.
EXERCISE 11.1: What Does it Mean to Live Independently and
with Dignity in the Community?
Objective: To understand what it means to live independently and with dignity
Time: 30 minutes
Brainstorm, listing responses:
What does living independently mean to you? To your community?
Where and how do most people with disabilities in your communities live?
Who in your community is typically placed in an institution? What kinds of disabilities do
they typically have?
Do you know people with disabilities who live independently according to your
defnition?
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The Ten Principles of Independent Living
In some countries independent living centers provide supports, services and other
assistance to empower people with disabilities to exercise their right to live independently
and with dignity in their communities. Many of these centers subscribe to common
principles that refect the philosophy of independent living. These principles are:
1. Human rights: equal rights and opportunities for all; no segregation by
disability type or stereotype.
2. Consumerism: a person (consumer or customer) who is using or buying a
service or product decides what is best for him- or herself.
3. De-institutionalization: no person should be institutionalized (formally by a
building, program, or family) on the basis of disability.
4. De-medicalization: people with disabilities are not sick, as prescribed by
the assumptions of the medical model and do not necessarily require help
from certifed medical professionals for daily living.
5. Self-help: people learn and grow from discussing their needs, concerns, and
issues with people who have had similar experiences. Professionals are not
the source of the help provided.
6. Advocacy: systemic, systematic, long-term, and community-wide change
activities are needed to ensure that people with disabilities beneft from all
that society has to offer.
7. Barrier removal: in order for human rights, consumerism, de-
institutionalization, de-medicalization, and self-help to occur, architectural,
communication and attitudinal barriers must be removed.
8. Consumer control: the organizations best suited to support and assist
individuals with disabilities are governed, managed, staffed and operated by
people with disabilities.
9. Peer role models: leadership for living independently and disability rights is
vested in individuals with disabilities, not parents, service providers, or other
representatives.
10. Cross-disability: activities designed to achieve the frst fve principles must be
cross-disability in approach, meaning that they work to be done must be
carried out by people with different types of disabilities for the beneft of all
persons with disabilities.
1
1 Adapted from The Independent Living Philosophy: Ten Principles. Rockland Independent Living Center.
http://www.rilc.org/principles.htm
152
Emphasize that all human beings have a right to live in dignity and equality. Brainstorm, listing
responses:
What does living with dignity mean to you?
Do you think people with disabilities would give the same defnition as people who do
not currently have a disability?
Do you think most people with disabilities in your community live in dignity? Who in
particular do you think does live in dignity? Who does not?
3. Discuss:
What can be done to ensure that all people with disabilities in the community can live in
dignity? Can live independently?
Examples of Barriers to Living Independently and
with Dignity in the Community
Physical barriers to places of work, shops, health care facilities, and public
buildings.
Lack of accessible transportation to places of work, shops, health care
facilities and public buildings.
Legislation, regulations, policies, or practices that force people with
disabilities to live in segregated and institutional settings against their will.
Lack of accessible information about services to support living independently
and what the rights and responsibilities of persons with disabilities are with
respect to accessing those services and supports.
Lack of accommodations to facilitate communication by people with
disabilities, especially blind, deaf, deafblind, people with intellectual
disabilities, and people with learning disabilities.
Attitudes about the ability of people with disabilities to live where and with
whom they choose and to make decisions for themselves.

EXERCISE 11.2: Understanding Barriers to Enjoyment of the
Right to Live Independently and with Dignity in the Community
Objective: To understand barriers to living independently and with dignity
Time: 30 minutes
1. Introduce:
Ask for people to give examples of barriers that prevent some people with disabilities in the
community from living independently and with dignity. List these.
Are some groups of people with disabilities especially prevented from living
independently and with dignity? Why?
153
2. Discuss:
Divide participants into small groups of two or three. Ask each to make up a short fctional but
typical biography of a person with disabilities in this community, describing how he or she was
denied the right to live independently or with dignity.
Alternative: Present these biographies as role plays.
3. Report/Analyze:
Ask each group to present its biography. After each, discuss what specifc human rights were
violated in this fctional persons story. List these.
4. Analyze/Discuss
Discuss with the group what it would take for each of these fctional people to achieve the right
to live independently and with dignity. You might frame this as how to reverse the negative
biographies and violations reported in Step 3.
Consider the various supports guaranteed in Articles 12, 19, and 28.
What could be done to obtain these supports?
Would it help to advocate for these supports in terms of human rights?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT LIVING INDEPENDENTLY
AND WITH DIGNITY IN THE COMMUNITY?
A number of human rights law instruments are relevant to the right to live independently and
with dignity in the community. For example, the Universal Declaration of Human Rights
(UDHR) discusses the right to an adequate standard of living (Article 25), and the right to
recognition before the law (Article 6), which is relevant to the ability to make ones own
decisions.
2
3
also contains
provisions relevant to decision-making, such as Article 16, which recognizes everyone as
equal before the law, and Article 17, which recognizes the right of everyone to freedom of
expression. General Comment No. 5 of the Committee on Economic, Social and Cultural
Rights, which monitors implementation of the International Covenant on Economic, Social
and Cultural Rights (ICESCR),
4
states that governments must adopt policies to enable
persons with disabilities to live an integrated, self-determined and independent life, and that
[d]isability policies should ensure the access of [persons with disabilities] to all community
services.
5
The ICESCR itself also contains provisions in Article 11 that relate to the right of
everyone to an adequate standard of living, including adequate food, clothing and housing,
and to the continuous improvement of living conditions.
The Convention on the Rights of the Child (CRC) emphasizes throughout its provisions the
need to support the ability of children to live with their families (where it is in the best interests
of the child to do so), and the right of children with disabilities to participate in the community
(Article 23). The Committee on the Rights of the Child has further encouraged States to
make every effort to provide assistance for children with disabilities and support
services for their families, to the maximum extent possible on an out-patient or
2 See http://www.unhchr.ch/udhr/
5 See http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CESCR%20General%20comment%205.
En?Opendocument
154
community basis, thereby avoiding removal of children with disabilities from their
families for placement in institutions.
6

Disabilities (Standard Rules) addresses a number of issues directly relevant to the right of
people with disabilities to live independently in the community, including:
disabilities in society (Rule 1);
Medical care and rehabilitation services available in the local community (Rules 2 and 3);
people with disabilities (Rule 4);
Physical, informational and communication accessibility (Rule 5).
7
The Convention on the Rights of Persons with Disabilities (CRPD) expands upon the issues
addressed in earlier human rights documents and helps to clarify how States can respect,
protect, and fulfll the right to live independently in the community. Because of the interrelated,
interdependent, and indivisible nature of human rights, there are many articles in the
CRPD relevant to the enjoyment of this right. However, Articles 19, 28, and 12 are especially
important to issues of living independently and with dignity in the community.
Article 19 of the CRPD explicitly addresses the right of people with disabilities to live
independently and be included in the community. Specifcally, Article 19 emphasizes the
right of persons with disabilities to have choices equal to others, including the opportunity
to choose where and with whom they live, and to not be forced to live in a particular living
arrangement. Article 19 also requires States to ensure that people with disabilities have access
to the kinds of supports and services they may need to enable them to live independently
and avoid segregation and isolation from the community. Such supports might include
personal assistance and/or other in-home or community services. Article 19 also requires that
community services and facilities that are available to the wider population are also available
on an equal basis to people with disabilities and that those services and facilities are also
responsive to the needs of people with disabilities.
Article 28 of the CRPD addresses the right to an adequate standard of living and social
protection. Article 28 recognizes the right of people with disabilities to have an adequate
standard of living, including adequate food, clothing and housing, and to the continuous
improvement of living conditions, and to be able to enjoy this right without discrimination
on the basis of disability. States must also ensure that people with disabilities enjoy social
protection without discrimination on the basis of disability. For example, people with disabilities
(particularly women and girls with disabilities and older persons with disabilities) need to be
assured equal access to clean water, social protection and poverty reduction programs, public
housing, and retirement benefts and programs.
States obligations with regard to the right to live independently and with dignity in the
community include:
1. Obligation to respect the right by ensuring that State actors such as government offcials
do not interfere with the exercise and enjoyment of the right by people with disabilities;
2. Obligation to protect the right by ensuring that non-State actors such as businesses and
6 See http://www.unhcr.ch/html/menu2/6/crc/doc/days/violence.pdf
155
families do not interfere with the exercise and enjoyment of the right;
3. Obligation to fulfll the right by taking action to ensure that people with disabilities are
able to exercise the right.
In short, international human rights law strongly supports the right of people with disabilities
to live independently and with dignity in the community, not only as a right in itself, but also so
that people with disabilities may better enjoy their other human rights and fully assume their
responsibilities as members of society.
Article 12 of the CRPD addresses the right to equal recognition before the law, and confrms
that people with disabilities enjoy legal capacity on an equal basis with others in all aspects
of life. Historically many people with disabilities have been subjected to laws and practices
that deprived them of their legal capacity and, consequently of their autonomy and freedom to
choose how and where to live their lives.
Of particular concern is the fact that people with disabilities are often subjected to the
substituted decision-making of other people. Even when substitute decision-makers act in
good faith and with good intentions, such practices still deny people with disabilities the right
to make their own decisions. Article 12 seeks to correct this approach, by recognizing the legal
capacity of persons with disabilities and providing measures to support their right to exercise
their legal capacity. Some people with disabilities require no support in making decisions,
and others may need a lot of support. Regardless of the level of support needed, States must
ensure that this support is not abusive and does not infringe the persons human rights.
Lastly, States must ensure the equal right of people with disabilities to own or inherit property,
to control their own fnancial affairs and to have equal access to bank loans, mortgages and
other forms of fnancial credit, as well as not be arbitrarily deprived of their property. These
measures are important because living independently in the community can be diffcult to
achieve without the ability to access and control fnancial and property resources.
EXERCISE 11.3: Understanding the Right to Live Independently
and with Dignity in the Community
Objective: To review and understand the right to live independently and with dignity affrmed
by the CRPD
Time: 45 minutes
Materials: Chart paper and markers or blackboard and chalk; handouts
1. Paraphrase and Discuss:
Divide participants into three groups and assign each one of the CRPD articles: 12, 19, and
28. Because of its length, you may want to divide Article 19 among three groups, with items 4
and 5 being considered by separate groups. Give each group copies of its respective article
and the additional questions about the article.
Assignment:
a. Paraphrase all parts of the article into everyday language. Write your paraphrase on
chart paper.
b. Answer the following questions about your article:
156
Article 12
What do you think is meant in Part 1 by recognition everywhere as persons before
the law?
What do you think is meant in Part 2 by enjoy legal capacity?
What kind of support do you think is intended in Part 3 by support they may require
in exercising their legal capacity?
What are some examples of the exercise of legal capacity mentioned in Part 4?
Article 19
What do you think is meant by independent living? Give some examples.
What do you think is meant by full inclusion and participation in the community?
Article 28
What do you think is meant in Part 1 by adequate standard of living?
What do you think is meant in Part 1 by continuous improvement of living conditions?
What do you think is meant in Part 2 by social protection?
What services, devices and other assistance do you think are meant in Part 2(a)?
2. Report:
Ask each group to post their paraphrase and read it aloud with the whole group, pausing at
each phrase to ask if participants have questions or alternative language. Ask them to explain
their answers to the questions that come with each article. Try to arrive at a clean and clearly
understandable version of each article.
3. Give examples:
Ask for examples of how these rights could be enjoyed and make a difference for people with
disabilities.
4. Discuss:
How can these articles be used to set national disability rights agendas and formulate
platforms of action for submission to political parties of government decision-makers?
EXERCISE 11.4: Making a Commitment to Promote Living Independently
and with Dignity in the Community
Ask if after learning about the human right of people with disabilities to live
independently and with dignity in the community, the group is ready to think about taking
concrete action;
the human right of people with disabilities exercise their right to live independently and
with dignity in the community.
157
Supported Decision-making for People with Disabilities
Increasingly, people around the world are moving away from substituted decision-
making models, where other people make decisions on behalf of people with
disabilities, to supported decision-making where people with disabilities themselves
make their own decisions, utilizing the support of others if and when they request it. This
approach attempts to respect the inherent dignity of people with disabilities and avoid
paternalism. Though potentially useful for anyone requiring help to make decisions,
it is particularly relevant for people with psycho-social or intellectual disabilities, who
historically have been forced to comply with substituted decision-making.
Though there are as yet no internationally agreed upon standards or guidelines
regarding supported decision-making, the following may be helpful for those interested
in ensuring that supported decision-making activities respect the rights of people with
disabilities:
People with disabilities have the right to be respected for their inherent
decision-making abilities;
People with disabilities have the right to develop authentic decision-making
voices;
People with disabilities have the right to receive support where they request it;
People with disabilities have the right to genuine choices and options and to
make decisions based on those options;
People with disabilities have the right to be able to make mistakes.
Can you think of other helpful standards or guidelines for meaningful supported
decision-making activities?
8
USEFUL RESOURCES ON LIVING INDEPENDENTLY AND WITH
DIGNITY IN THE COMMUNITY
Access Living center for independent living: http://www.accessliving.org
Canadian Association of Independent Living Centers (CAILC): http://www.cailc.ca
Committee on the Rights of the Child, Report on the twenty-ffth session, Sept./Oct.
2000, CRC/C/100, paras. 688.17, 20-22, 24-25:
http://www.unhcr.org/home/RSDCOI/3f4782b74.pdf
Disability Rights and Independent Living Movement in the United States. University of
California: http://bancroft.berkeley.edu/collections/drilm
The Independent Living Philosophy: Ten Principles. Rockland Independent Living
Center: http://www.rilc.org/principles.htm
Supported Decision-making, Planned Lifetime Advocacy Network:
http://www.plan.ca/Programs_Decisions.php
8 Adapted from Supported Decision-making. Planned Lifetime Advocacy Network.
http://www.plan.ca/Programs_Decisions.php

158
CHAPTER 12: ACCESS TO JUSTICE
Article 13, Access to Justice:
1. States Parties shall ensure effective access to justice for persons with disabilities
on an equal basis with others, including through the provision of procedural and age-
appropriate accommodations, in order to facilitate their effective role as direct and
indirect participants, including as witnesses, in all legal proceedings, including at
investigative and other preliminary stages.
2. In order to help to ensure effective access to justice for persons with disabilities,
States Parties shall promote appropriate training for those working in the feld of
administration of justice, including police and prison staff.
OBJECTIVES
Defne the right to access to justice
Explain the importance of equal access to justice for people with disabilities
Understand the interrelation between access to justice and other human rights
Identify ways in which the rights of people with disabilities to access justice have been
promoted or denied
Understand the provisions on access to justice in the UN Convention on the Rights of
Persons with Disabilities (CRPD).
GETTING STARTED: THINKING ABOUT ACCESS TO JUSTICE
Access to justice is a broad concept, encompassing peoples effective access to the systems,
procedures, information, and locations used in the administration of justice. People who feel
wronged or mistreated in some way usually turn to their countrys justice system. In addition,
people may be called upon to participate in the justice system, for example, as witnesses or
as jurors in a trial. Unfortunately people with disabilities have often been denied fair and equal
treatment before courts, tribunals, and other bodies that make up the justice system in their
country because they have faced barriers to their access. Such barriers not only limit the ability
of people with disabilities to use the justice system, but also limit their contributions to the
administration of justice.
The ability to access justice is of critical importance in the enjoyment of all other human rights.
For example, a person with a disability who feels that she or he has been denied the right to
work may wish to turn to the justice system to seek a remedy. However, if the justice system
fails to accommodate their physical, communication, or other disability-related needs, and/or
expressly discriminates against her or him, then clearly denial of access to the justice system
also results in denial of protection of the right to work. Similarly, a person with a disability who
159
has been the victim of a crime may wish to report the crime to the police and press charges
against the offender. However, if he or she is denied physical access to the police station,
clear communication with the police, or access to information that is understandable, then
that person may not be able fully to exercise her or his rights as a victim. These examples
demonstrate that human rights are indivisible, interdependent, and interconnected.
The enjoyment of other human rights can also positively or negatively impact the ability
of people with disabilities to enjoy access to justice. For example, the accessibility of
transportation may determine whether or not a person with a disability is able to travel to a
police station, courthouse, or other place where justice is administered. Similarly, a person with
a disability who has had access to a quality education will be better able to understand and use
the justice system, but if she or he has been denied the right to education, then participation in
the justice system may be diffcult or impossible.
To be fully included in society, people with disabilities need access to justice. As long as they
face barriers to their participation in the justice system, they will be unable to assume their
full responsibilities as members of society or their rights. For this reason it is important that
barriers be removed so that people with disabilities can enjoy the equal opportunity to perform
their duties as witnesses, jurors, lawyers, judges, arbitrators, and other participants in the
administration of justice.
EXERCISE 12.1: Turning to the Justice System
Objective: To recognize the complexity of the justice system and how people use it
Time: 30 minutes
1. Brainstorm:
Ask participants to name some typical reasons that people in their community turn to the
justice system. List as many of these as you can on a chart like that below. Include issues
related to property, family matters, violent crimes, or instances where one person has hurt
another but it is not considered a crime (e.g., making false spoken or written statements
about a person). For each reason given, ask what institutions people turn to for justice in each
situation (e.g., police, council of elders, religious authorities, magistrates, courts). List these on
the chart.
2. List:
Ask what are the various roles individuals play in these institutions of the justice system
mentioned in Step 1 (e.g., victim, perpetrator, witness, police, elder, lawyer, judge, specialized
expert, juror, prison offcial) and list these on the chart.
Do people with disabilities usually play any of these roles in your community? Check
those that apply.
3. Discuss:
Consider those roles that people with disabilities do not play:
What happens when people with disabilities are excluded from these roles and thus
from full participation in the justice system? To the person with disabilities? To the justice
system?
Why do you think people with disabilities are excluded from these roles?
160
What can be done to increase the participation of people with disabilities in the justice
system?
Reason for Turning to
the Justice System
Institution Turned To Roles in This Institution
Examples of Barriers to Access to Justice
Physical barriers to police stations, courthouses, jails, prisons, and other public
buildings;
Lack of accessible transportation to police stations, courthouses, and other public
buildings;
Legislation, regulations, policies, or practices expressly barring people with
disabilities from being witnesses, jurors, judges, or lawyers;
Lack of accessible information about how the justice system works and what a
disabled persons rights and responsibilities are within the justice system;
Lack of accommodations to facilitate communication by people with disabilities,
especially blind, deaf and deafblind people, people with intellectual disabilities,
and people with learning disabilities;
Attitudes about the ability of people with disabilities to participate meaningfully in
the administration of justice, for example the belief that people with psycho-social
disabilities cannot be reliable witnesses;
Lack of training for police and other offcials to understand the specifc needs
of people with disabilities in accessing justice and how to provide necessary
accommodations.
EXERCISE 12.2: Barriers to the Justice System
Objective: To identify barriers to participation in the justice system faced by
Time: 30 minutes
Materials: List of roles generated in Exercise 12.1
1. Analyze:
Using the list of people and institutions involved when people turn to the justice system
generated in Exercise 12.1, ask each participant (or pair of participants) to choose one role
and to evaluate the barriers a person with a disability might face in fulflling this role.
2. Role Play:
Ask each participant or pair to report on their analysis and to role play at least one of the
barriers a person with a disability would face in fulflling this role.
161
3. Discuss:
What are the consequences when people with disabilities are excluded from full
participation in the justice system? To the person with a disability? To the justice
system? To society as a whole?
Which barriers have the greatest effect on people with disabilities? On the justice
system? On society as a whole?
What can be done to eliminate these most signifcant barriers to full participation? List
these and save the list for reuse in Exercise 12.3.
Support Services for Victims with Disabilities
In the absence of formal support services for people with disabilities who are the victims of
crime, some advocacy groups are working to provide in-person support services. These
services include such activities as:
Accompanying the victim to the police station.
Talking with the police to help them understand the nature of the victims
disability.
Making suggestions for modifcations that could be made to the usual
procedures in order to help the investigation.
If desired by the victim, being present with him or her during police
questioning.
Accompanying the victim to the courthouse prior to any offcial meetings
there, in order to prepare them for the courtroom environment.
Helping the victim understand what procedures will occur and easing their
concerns about these procedures.
Accompanying the victim during court proceedings, in order to help calm
and support them if requested by the victim.
Where appropriate, and with the victims permission, asking the court to
make modifcations to the testimony procedures. For example, moving
proceedings to the judges chambers or other environment less intimidating
than the courtroom, or bringing in an expert to help court offcials understand
the victims disability and its possible impact on the testimony.
1
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT ACCESS TO JUSTICE?
The right to access to justice has its foundation in provisions in international law that address
the equality of people before the law, their right to equal protection under the law, and their
right to be treated fairly by a tribunal or court. These rights are addressed in Articles 6 through
11 in the Universal Declaration of Human Rights (UDHR)
2
and are addressed in more detail
in Articles 14 16 of the International Covenant on Civil and Political Rights (ICCPR).
3

1 Israeli Human Rights Center for People with Disabilities. http://www.bizchut.org.il/eng
2 See http://www.un.org/Overview/rights.html
3 See http://www.unhchr.ch/html/menu3/b/a_opt.htm
162
Other treaties address the need to ensure that specifc groups are able to enjoy these rights on
an equal basis with others. The International Convention on the Elimination of All Forms
of Racial Discrimination (CERD)
4
and the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
5
are particularly relevant for people with disabilities
who may be subject to multiple discrimination, such as women with disabilities and ethnic
minorities with disabilities. For example, Article 5(a) of CERD requires that States eliminate
racial discrimination in all its forms, and guarantee the right of everyone to equal treatment
before the tribunals and all other organs administering justice. Article 15 of CEDAW addresses
these issues as they relate to women, and requires that States treat women equally in all
stages of procedure in courts and tribunals.
Although the 1993 UN Standard Rules on the Equalization of Opportunities for Persons
with Disabilities (Standard Rules) does not expressly address the issue of access to justice, it
does address a number of issues that can impact the enjoyment of access to justice by people
with disabilities:
disabilities in society (Rule 1)
people with disabilities (Rule 4)
Physical, informational and communication accessibility (Rule 5)
Education (Rule 6)
6
The Convention on the Rights of Persons with Disabilities (CRPD) expands upon the issues
addressed in earlier human rights documents and helps to clarify how States can respect,
protect, and fulfll the enjoyment of access to justice by people with disabilities. CRPD Article
13 guarantees the right of people with disabilities:
to effective access to justice on an equal basis with others;
to effective access to justice at all phases of the administration of justice, including at
preliminary stages, such as initial investigations;
to be both direct and indirect participants, including being witnesses;
to receive procedural and age-appropriate accommodations to facilitate their access to
justice.
Article 13 also requires States to provide training to those working in the administration of
justice in order to help ensure effective access to justice by people with disabilities.
States must respect the right to access to justice by ensuring that State actors (e.g., police,
judges, prison staff) do not interfere with the exercise and enjoyment of access to justice by
people with disabilities. States must also protect the right by ensuring that non-State actors
(e.g., private attorneys, families) do not interfere with the exercise and enjoyment of the right.
Furthermore, States have an obligation to fulfll the right, by taking action to ensure that people
with disabilities are able to exercise the right. The provision of disability-related training to
those working in the administration of justice, is just one example of the type of action required
of States by Article 13 to fulfll the right to access to justice.
5 See http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
163
International human rights law strongly supports the right of people with disabilities to have
meaningful and effective access to justice in all its phases, not only as a right in itself, but also
so that people with disabilities may better enjoy their other human rights and fully assume their
responsibilities as members of society.
EXERCISE 12.3: What Rights to Access to Justice Does the
CRPD Affrm?
Objective: To review and understand the right to access to justice affrmed by the CRPD
Time: 30 minutes
1. Review:
13 in common language and give some examples of how that right could be enjoyed and make
a difference for people with disabilities in their community.
2. Paraphrase:
Read Article 13 aloud. Pause at each natural section to ask different groups for their
3. Give examples:
Ask for examples of how that right could be enjoyed and make a difference for people with
disabilities.
4. Discuss:
makers?
How can it be used to engage in dialogues with court administrators and ministries of
justice?
EXERCISE 12.4: Making a Commitment to Promote Access to Justice
Ask if after learning about the human right of people with disabilities to access justice,
the group is ready to think about taking concrete action;
the human right of people with disabilities to exercise their right to access to justice.
164
Access to Justice in Action:
South African Equality Court Supports Access for
Esthe Muller is a South African lawyer and also a wheelchair user. When she and
other people with disabilities were unable to access her local courthouse because of
the presence of steps, she brought a case in 2003 under the Promotion of Equality
and Prevention of Unfair Discrimination Act of 2000. Her case was supported by
the South African Human Rights Commission and was brought against the Justice
Department and the Department of Public Works.
Because of the inaccessibility of the courthouses, Ms. Muller had to be carried up
the stairs to enter the courthouse. On another occasion the court had to postpone
her cases because she could not get into the room. Its embarrassing for my client
to have his lawyer carried into court. Its also embarrassing for me, she said.
In September 2004 the South African Equality Court reached a fnal settlement in
the case. The two government departments admitted that they had failed to provide
proper wheelchair access. They also admitted that their failure was a form of unfair
discrimination against Ms. Muller and other people with similar accessibility needs,
and they apologized for this. The departments committed to a plan to ensure that all
court buildings throughout the country will be made accessible within three years.
At least one courtroom and one toilet in each building will have to be accessible to
people with disabilities. The plan requires specifc actions to be taken by specifc
dates, and the departments will report on their progress to the Equality Court. In
the meantime, inaccessible courthouses will need to fnd other ways to make sure
that people with disabilities can access their facilities. For example, some have
constructed makeshift courtrooms, and in other instances judges and magistrates
have moved their proceedings to more accessible spaces.
7
USEFUL RESOURCES ON ACCESS TO JUSTICE
Advocacy Incorporated: http://www.advocacyinc.org/index.cfm
Reach Canada Equality and Justice for People with Disabilities: http://www.reach.ca/
7 Equality Court Victory for People with Disabilities. 24 Feb. 2004. South African Human Rights Commis
sion. http://www.sahrc.org.za/sahrc_cms/publish/article_150.shtml; Reynolds, Dave. Government
sets date for all courts to be accessible. 15 September 2005. Inclusion Daily Express.
http://www.inclusiondaily.com/archives/04/09/15/091504sacourtaccess.htm
165
CHAPTER 13: THE RIGHT TO EDUCATION
Article 24, Right to Education:
1. States Parties recognize the right of persons with disabilities to education. With a view to
realizing this right without discrimination and on the basis of equal opportunity, States Parties
shall ensure an inclusive education system at all levels and life long learning directed to:
a) The full development of human potential and sense of dignity and self-worth, and the
strengthening of respect for human rights, fundamental freedoms and human diversity;
b) The development by persons with disabilities of their personality, talents and creativity,
as well as their mental and physical abilities, to their fullest potential;
c) Enabling persons with disabilities to participate effectively in a free society.
2. In realizing this right, States Parties shall ensure that:
a) Persons with disabilities are not excluded from the general education system on the basis
of disability, and that children with disabilities are not excluded from free and compulsory
primary education, or from secondary education, on the basis of disability;
b) Persons with disabilities can access an inclusive, quality and free primary education and
secondary education on an equal basis with others in the communities in which they live;
c) Reasonable accommodation of the individuals requirements is provided;
d) Persons with disabilities receive the support required, within the general education system,
to facilitate their effective education;
e) Effective individualized support measures are provided in environments that maximize
academic and social development, consistent with the goal of full inclusion.
3. States Parties shall enable persons with disabilities to learn life and social development skills
to facilitate their full and equal participation in education and as members of the community. To
this end, States Parties shall take appropriate measures, including:
a) Facilitating the learning of Braille, alternative script, augmentative and alternative modes,
means and formats of communication and orientation and mobility skills, and facilitating
peer support and mentoring;
b) Facilitating the learning of sign language and the promotion of the linguistic identity of the
deaf community;
c) Ensuring that the education of persons, and in particular children, who are blind, deaf
or deafblind, is delivered in the most appropriate languages and modes and means of
communication for the individual, and in environments which maximize academic and
social development.
4. In order to help ensure the realization of this right, States Parties shall take appropriate
measures to employ teachers, including teachers with disabilities, who are qualifed in sign
language and/or Braille, and to train professionals and staff who work at all levels of education.
Such training shall incorporate disability awareness and the use of appropriate augmentative
and alternative modes, means and formats of communication, educational techniques and
materials to support persons with disabilities.
5. States Parties shall ensure that persons with disabilities are able to access general tertiary
education, vocational training, adult education and lifelong learning without discrimination
and on an equal basis with others. To this end, States Parties shall ensure that reasonable
accommodation is provided to persons with disabilities.
166
OBJECTIVES
Defne the right to education
Explain the importance of education for people with disabilities
Understand the interrelation between education and other human rights
Identify how the rights of people with disabilities to education have been promoted or
denied
Understand the provisions on education in the UN Convention on the Rights of
Persons with Disabilities (CRPD)
Understand different perspectives on inclusive and special education
Seek strategies to advance the right of people with disabilities to participate in
education.
GETTING STARTED: THINKING ABOUT EDUCATION
People with disabilities are often denied their right to education. According to best estimates
of international agencies, 90% of children with disabilities in developing countries do not attend
school.
1
If they do, all children with disabilities face barriers such as inaccessible schools,
untrained staff, and the assumption or stereotype that people with disabilities are unable to
learn or do not need to learn. Every human being, including people with disabilities, should be
able to enjoy their right to lifelong education. States are legally bound to provide people with
disabilities the opportunity and support they need to access quality, lifelong education that will
maximize the full development of their mental and physical abilities. This means that people
with disabilities are entitled to an equal opportunity to participate in inclusive education settings
- that is the general education system - along with all other people in the community in which
they live.
As affrmed in the Convention on the Rights of the Child (CRC),
2
the key goal of education
is to prepare all students with the skills and abilities to become effective and contributing
members of society. In order to achieve this goal, all students have the right to free primary
1 Towards Inclusion: Education for Persons with Disabilities. Jul. 2005. World Bank Institute: Development
Outreach. http://www1.worldbank.org/devoutreach/july05/textonly.asp?id=322
Barriers to Education
Attitudes of teachers, school administrators, families, and peers about the ability
of persons with disabilities to learn and actively participate in schooling.
Lack of accessible transportation to educational facilities.
Physical barriers to educational facilities. Lack of ramps and accessible
workspace.
Lack of materials in accessible formats such as Braille, sign language or visual
representations of verbal information.
Lack of teacher training programs, resulting in a shortage of qualifed teachers
and support staff.
167
education and access to secondary and lifelong learning opportunities. It is not enough
for people with disabilities to be allowed to attend school; the content of the curriculum
should be accessible for meaningful learning to occur. People with disabilities are entitled to
reasonable accommodation in order to learn the curriculum, communicate effectively, and
utilize the support services they need to develop life skills that enable independent living in the
community.

The Right to Qualifed Teachers
Realizing the right to quality education requires that States provide and train
qualifed teachers. Teachers should be knowledgeable in effective practices for
instructing people with disabilities including:
Methods to communicate in different ways (e.g., Braille, Sign Language,
Augmentative and Alternative Communication)
Individualization of instruction to meet the needs of various disabilities, such
as psycho-social disabilities, intellectual disabilities, visual impairments,
deafness, and multiple disabilities
Skills for promoting acceptance and awareness of disabilities with peers,
teachers, families, and school administrators.
The right to education is interrelated and central to the enjoyment of all other human
rights. Through education, people with disabilities learn the necessary skills to advocate
for their rights and become responsible and contributing members of society. Although the
understanding of contributing members of society depends on varying cultural norms, family
values, and personal choice, the concept can be loosely defned as having the skills and
abilities for independent living and community inclusion, gainful employment, participation in
political and public life, the right to home and family, and the ability to effectively navigate the
judicial system, which are all aspects of everyones basic human rights.
The CRPD provides the framework for guaranteeing access to quality education that builds
the capacity and skills of people with disabilities. For education to be truly successful, society,
including teachers, administrators, parents, and peers, needs to provide people with disabilities
the opportunity and respect to use their knowledge and skills to lead independent and self-
directed lives.
EXERCISE 13.1: What Rights to Education Does the Convention
on the Rights of People with Disabilities Affrm?
Objective: To review and understand the right to education affrmed by the CRPD
Time: 30 minutes
Materials: Copies of CRPD Article 24
Chart paper and markers or blackboard and chalk
1. Review:
Divide the participants into small groups. Give each group a copy of Article 24 and ask them to
work together to paraphrase it in common language. Since the article is Iong, you may wish to
assign different parts to different groups.
168
2. Paraphrase:
Read Article 24 aloud. Pause at each comma or natural section to ask different groups for their
3. Give examples:
Encourage participants to draw from their past experiences and give some examples of
how that right could be enjoyed and make a difference for people with disabilities in their
community.
4. Discuss:
makers?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT EDUCATION?
The right to education has its foundation in provisions of international law. The Universal
Declaration of Human Rights (UDHR) Article 26, the Convention on the Rights of the
Child (CRC) Articles 28 and 29, and the 1993 UN Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (Standard Rules) Rule 6, address the right to
education.
These treaties affrm that everyone has a right to an equal and accessible education. CRC
Article 28 encourages the development of general and vocational education, as well as
educational guidance that is available and accessible to every child. It also states that
measures should be taken to encourage regular attendance at schools and that discipline
should be administered in a manner consistent with the childs human dignity. Article 29 of
the CRC states that education of the child shall be directed to the development of a childs
personality, talents, and mental and physical abilities to their fullest potential.
The Standard Rules address the right to education in Rule 6 (Education),
3
which states that
general education authorities are responsible for the education of people with disabilities
in integrated settings and affrms that people with disabilities be considered when planning
national education, curriculum, and school organization. Rule 6 encourages the active
involvement of parent groups and organizations in the education process and recommends
particular attention to very young children with disabilities, adults with disabilities, and
populations at risk for double discrimination such as, women and ethnic minorities. Rule 6
states that educational provisions must be made to accommodate people with disabilities in
integrated regular school settings and that clearly stated policies should promote acceptance
of the terms of Rule 6 at the school and community level. The development of quality
materials, fexible for addition and adaptation, and ongoing teacher training are encouraged.
Most importantly, the Standard Rules point out that integrated education and community-based
programs are often the most cost-effective way to educate people with disabilities.
The CRPD expands upon the issues addressed in earlier human rights documents, ensuring
qualifed teachers, reasonable accommodation and entitling people with disabilities the right
to inclusive education, not just integrated education (see box on next page). The essence
of CRPD Article 24 on Education is framed around the philosophy of full inclusion and the
provision of tools that best support full inclusion. It stipulates that education should be
169
Education in Action: Shudarson Subedis Story
Shudarson Subedi has a disability. He founded Nepal Disabled Human Rights Center
(DHRC-Nepal) in 2000 to pressure the government to enforce existing laws related to
persons with disabilities. His precedent gives persons with disabilities the courage to
fght for their rights to inclusive education, access to health care, and fair and equal
employment opportunities. In one exciting victory, he fought all the way to the Supreme
Court of Nepal to guarantee free and equal education for persons with disabilities. At
the same time, Shudarson has made a concerted effort to draw attention to this victory
through the media, so that all persons with disabilities may take advantage of this right.
More than 2000 students with disabilities from all over Nepal who had previously been
denied acceptance in schools have received free education after the Court ruling. He
also sent letters to the Ministry of Education, who then circulated them to the district and
regional education offcers, putting everyone on notice that persons with disabilities were
not to be denied their right to education.
Shudarson knows that disseminating information is the best way to ensure that rights are
enforced; too many people with disabilities do not realize that they are legally entitled to
have access to equal education and employment opportunities despite their disabilities,
and too many government offcials and employers dont realize that they have a legal
obligation to accommodate persons with disabilities. Shudarson initiated a weekly radio
program in 2002, broadcasting stories produced by disabled journalists on topics of interest
to listerners with disabilities. Listeners are encouraged to form Radio listener clubs,
which serve as citizen watchdog groups for the rights of persons with disabilities. There
are now more than 170 self-motivated radio listeners clubs throughout Nepal. Shudarson
has also founded Disability Voice, a monthly journal dedicated to the concerns, issues,
and rights of disabled people.
Shudarson supports local cross-disability networks and self-help groups, which help
individuals with disabilities and their families, integrate into the wider community. He has
initiated an umbrella organisation, Rights-Based Advocacy Network, Forum for the Rights
of People with Disability, bringing together over sixty national and community-based
advocacy organizations. Shudarson has also built a Resource and Learning Center to train
people in areas of work, such as journalism and law. The Center provides the necessary
resources for persons with disabilities who want to have their rights enforced. Among
the services offered, DHRC-Nepal publishes legal aid manuals, compiles state laws and
policies for people with disabilities, and provides free consultations with specialized staff
trained on the subtle nuances of disability and civil rights law.
4
provided in the general education system by quality teachers who implement quality instruction
reasonably accommodated to meet the needs of diverse students. The goal of the education
article is to promote equal opportunities to lifelong learning to enable people with disabilities to
participate actively and effectively as contributing members in society.
International human rights law strongly supports the right of people with disabilities to have
access to meaningful and effective lifelong educational opportunities. This support is not
only seen as a right in itself, but also as a means to ensure that people with disabilities may
4 Source: http://www.ashoka.org/node/3651
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better enjoy their other human rights and fully assume their responsibilities as members of an
inclusive society.
EXERCISE 13.2: Experiencing Education
Objective: To share personal stories of the education system and evaluate suggestions and
ideas for how it ought to be.
Time: 45 minutes
1. Introduce:
Explain that this exercise invites everyone to remember and analyze their own educational
experience. Remind participants of the terms inclusive, integrated, or segregated
education (See text box Inclusive versus Integrated Education above) and encourage them
to use these to describe the education that they received.
Divide participants into groups of 2-3 to discuss the following:
Were you taught in an inclusive, integrated, or segregated setting?
Describe the best parts of your educational experience. What made it so good?
Describe the worst parts of your educational experience. What made it so bad?
Did your worst experiences violate the right to education?
To the Facilitator: Because the defnitions and questions are fairly complicated, you may want
to give each group a copy of the text box and a list of the questions.
2. Report:
Ask a spokesperson from each group to summarize their discussion:
What kinds of educational environment did people experience (e.g., inclusive,
integrated, or segregated)?
What factors created good or bad educational experiences? List these.
3. List:
Ask group members to list some reasonable accommodations that they had in their
educational experiences or what reasonable accommodations may have enhanced their
educational experiences (e.g., different types of communication systems such as Braille or
Visual Supports, support services and therapies, peer mentors). List these in two columns.
4. Discuss:
Does the current education system support people with disabilities and provide
reasonable accommodations? Should it?
Consider the roles that people with disabilities currently play in the education system:
what happens when people with disabilities are excluded from these roles or excluded
entirely from the education system?
Now consider what changes or improvements you would make to prevent others from
experiencing the same barriers to education.
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Inclusive versus Integrated Education
What is inclusion?
The term inclusion has had a number of meanings, often relating to children with disabilities
or disaffected children. Historically, it has often been used to mean either the moving of
children with disabilities into the mainstream settings, or reducing the exclusion of other
pupils from school.
Inclusion of disabled children
Historically, integration was the term used in the 1980s, but this came to be seen as
involving the placing of disabled children in a mainstream setting, without providing the
support they required and allowing them to be there as long as they were able to ft into
the existing systems and cultures. The term assimilation has a similar meaning in relation
to race equality. It is now acknowledged that the inclusion of disabled children involves
going much further, and involves changing the policies, practices and attitudes within
the school.
Once the disabled child is in a mainstream setting, there should be an expectation
that the school will change as a response to the contribution and participation of the
child.
Joe Whittaker Inclusive Education versus Integrated Education
It has been recognized that for inclusion to be successful, the child and their parents and
caregivers must play a full part in the process.
Inclusion of all pupils
More recently, inclusion has been seen as a process that is relevant to all children in a school,
but particularly focusing on those groups who have historically been marginalized or have
underachieved in our schools. It is also recognized to include the way the school involves all
parents and caregivers, staff and governors in its practices and decision-making processes.
Inclusion is integration on our own terms. You can do integration to us, but there can
be no inclusion without us playing a full part in the process.
Alliance for Inclusive Education - a partnership between adults with disabilities and the
parents of children with disabilities
Inclusion is seen to involve the identifcation and minimizing of barriers to
learning and participation and the maximizing of resources to support learning and
participation.
Booth and Ainscow, 2000
Source: Bristol Children & Young Peoples Services http://www.bristol-cyps.org.uk/services/
eit/defnitions.html
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EXERCISE 13.3: Identifying the Causes of Discrimination in Education
1. Brainstorm:
Ask participants what they consider to be the principal problems of discrimination or barriers to
accessing quality education. List these.
Solicit input from other people who notice the problem and are affected by it.
Note: A record should be kept of the session to be studied subsequently for evaluation.
2. Analyze:
Divide participants into small groups and ask each to choose a problem from the list to
analyze. Explain that their task is to break the problem down into manageable parts. Give
these instructions and introduce the fsh-bone diagram, explaining that it pushes you to
consider all possible causes of the problem. Illustrate how to use the diagram using a simple
problem.
Step 1: Identify the problem. Write down the problem you face in detail.
Step 2: What are the major factors involved? Draw lines of the spine of each factor and label
it. These may involve people, systems, equipment, external forces, etc.
Step 3: Identify possible causes for each factor you consider in Step 2. Show these as
smaller lines coming off the bones of the fsh. For a large or complex problem, it may be
best to break it down into sub-causes. Show these as lines coming off each cause line.
Step 4: Analyze your diagram. Depending on the complexity and importance of the problem,
you can investigate or create plans for taking action to address the problem.
Alternative: Create an outline with the problem as the heading and factors and sub-causes as
sub-headings.
3. Report/Discuss:
Ask a spokesperson from each group to summarize their analysis. Mount each diagram at the
front of the room.
4. Summarize:
Ask participants to draw some general conclusions from these analyses, asking questions like
these:
a. Did you observe any similarities in these analyses?
b. Were similar causes and sub-causes identifed?
c. Why do you think these causes were identifed in so many different problems?
d. What can be done to address some of these principal causes?
Sample Fish Diagram Analyzing Tyrannosaurus rex Anatomy
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EXERCISE 13.4: Speaking Up for Education
Objective: To examine discrimination in education systems and consider how to take action
against it
Time: 60 minutes
1. Introduce:
Reintroduce the list of discrimination or barriers in accessing quality education used in
Exercise 13.2. Observe that while that exercise looked at the causes of these problems, this
one seeks to articulate them and look for solutions.
2. Plan:
Divide participants into small groups of 3-6 people, if possible mixing people with differing
abilities. Ask each group to choose a problem from the list that they would like to focus on.
Plan a fve-minute presentation to a mock Board of Education that includes teachers,
administrators, and parents;
Ask groups to choose a spokesperson for the presentation and someone to serve on
the board of education;
Were the responses of the Board typical of opinion in your community?
While the groups plan presentations, each member of the Board of Education
meets to decide on their roles. These roles should refect the attitudes, both positive
and negative, found in the community. Roles might include teacher, parent, peer,
administrator, religious or community leader, or government offcial;
Presentations should:
Describe the discrimination, including whom it affects and some of its causes;
Relate the discrimination to a human right in the CRPD;
Describe the discriminations affect on the lives of people with disabilities;
Describe how addressing the problem can improve the lives of persons with
disabilities;
Propose next steps or specifc actions that can be taken to address the problem.
3. Role Play/Discuss:
Have the spokesperson from each group make a presentation to the Board. Encourage
members of the Board to respond according to their role.

4. Discuss/Draw Conclusions:
Debrief each presentation by asking for questions, comments, objections, or suggestions from
the larger group. Ask questions like these:
How did the spokesperson feel when presenting the problem?
How did the Board react? What attitudes and barriers were represented?
Were the responses of the Board typical of opinion in your community?
Were the problems human rights issues?
Was the tactic for addressing the problem feasible in your education system? Why or
why not?
What would be the next step be in real life for addressing this problem?
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From Basic Education to Quality Education
Compasito, the Council of Europe manual on human rights education for children,
states that free access to basic education is no longer considered suffcient to
guarantee the right to education. Three other requirements should be met:
1. Equal opportunity: The state should guarantee not only equal access but also
equal opportunities for success. This means that some children may need extra
help and special conditions. Deaf children, for example, have a right to reasonable
accommodations to help them learn, such as sign language, hearing aids, and
interpreters whenever needed. Similar adjustments should be made for other
children with special needs so that they can be included in the same schools with
other children with equal opportunity to succeed.
Equality in opportunities for success in education also requires attention to other
aspects, like use of a childs mother tongue, homework conditions and access
to books or help in any learning diffculty. Learning in ones mother tongue not
only favors school success, but also constitutes a cultural right. School failure is
no solution for learning diffculties. These must be met by well-trained teachers
capable of differentiating learning styles and with non-teaching staff like social
assistants, mediators or psychologists.
2. Quality education: The state should guarantee equal access to quality education.
Too often a two-tier system exists, with one kind of schooling for the elite and
another for the poor. A basic education that is common to all up to a certain age
and that promotes the knowledge and skills needed for the future should be
guaranteed.
3. Education for full development of the human personality: The scope of education
to which all human beings are entitled is not limited to literacy and mathematics.
The UDHR explicitly states that education should aim at the full development of
human personality, the respect of human rights and understanding and peace
among the nations of the world. The CRC elaborate further on the kind of
education to which every child is entitled:
The right to education is therefore also the right to an education for human rights.
5
5 Source: Compasito a manual on human rights education for children (Council of Europe, 2007).
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EXERCISE 13.5: Making a Commitment
Objective: To emphasize and examine that human rights involve both rights and
responsibilities.
Time: 30 minutes
1. Action:
Ask if after learning about the human right of people with disabilities to education, the
group members are ready to think about taking concrete action;
commitment to creating change is very important;
the right to education for people with disabilities;
Record the commitments on chart or board to distribute a summary of actions to all
participants after the training.
USEFUL RESOURCES ON EDUCATION
The following groups also provide services to assist people with disabilities in accessing their
right to education:
Bristol Children and Young Peoples Services: http://www.bristol-cyps.org.uk/
CAST Universal Design for Learning: http://www.cast.org/index.html
Centre for Studies on Inclusive Education: http://inclusion.uwe.ac.uk/csie/index.htm
Inclusion International:
http://www.inclusion-international.org/en/ii_priority_areas/ie/index.html
Inclusive Education. UNESCO: www.unesco.org/education/inclusive/
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CHAPTER 14: THE RIGHT TO SPORT AND CULTURE
Article 30, Participation in cultural life, recreation, leisure and sport:
1. States Parties recognize the right of persons with disabilities to take part on an equal
basis with others in cultural life, and shall take all appropriate measures to ensure that
persons with disabilities:
a. Enjoy access to cultural materials in accessible formats;
b. Enjoy access to television programmes, flms, theatre and other cultural activities,
in accessible formats;
c. Enjoy access to places for cultural performances or services, such as theatres,
museums, cinemas, libraries and tourism services, and, as far as possible, enjoy
access to monuments and sites of national cultural importance.
2. States Parties shall take appropriate measures to enable persons with disabilities
to have the opportunity to develop and utilize their creative, artistic and intellectual
potential, not only for their own beneft, but also for the enrichment of society.
3. States Parties shall take all appropriate steps, in accordance with international
law, to ensure that laws protecting intellectual property rights do not constitute an
unreasonable or discriminatory barrier to access by persons with disabilities to
cultural materials.
4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition
and support of their specifc cultural and linguistic identity, including sign languages
and deaf culture.
5. With a view to enabling persons with disabilities to participate on an equal basis
with others in recreational, leisure and sporting activities, States Parties shall take
appropriate measures:
a. To encourage and promote the participation, to the fullest extent possible, of persons
with disabilities in mainstream sporting activities at all levels;
b. To ensure that persons with disabilities have an opportunity to organize, develop and
participate in disability-specifc sporting and recreational activities and, to this end,
encourage the provision, on an equal basis with others, of appropriate instruction,
training and resources;
c. To ensure that persons with disabilities have access to sporting, recreational and
tourism venues;
d. To ensure that children with disabilities have equal access with other children to
participation in play, recreation and leisure and sporting activities, including those
activities in the school system;
e. To ensure that persons with disabilities have access to services from those involved in
the organization of recreational, tourism, leisure and sporting activities.
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OBJECTIVES
Defne the right of people with disabilities to participate in cultural life, recreation, leisure,
and sport
Explain the importance of participation in culture and sport for people with disabilities
Understand the interrelation between participation in cultural life, recreation, leisure, and
sport and other human rights
Identify ways in which the rights of people with disabilities to participate in cultural life,
recreation, leisure, and sport have been promoted or denied
Understand the provisions on cultural life, recreation, leisure and sport in the UN
GETTING STARTED: THINKING ABOUT PARTICIPATION IN CULTURAL
LIFE, RECREATION, LEISURE, AND SPORT
Participation in cultural life, recreation, leisure, and sport are all essential components of being
a part of ones community. Unfortunately, people with disabilities have often been denied the
right to participate in the wide array of cultural, recreational, sporting and leisure opportunities
that the rest of society takes for granted. And all too often, children with disabilities are denied
their right to play.
Discrimination in the area of cultural life is a global phenomenon that takes on many forms.
Cultural venues are all too often inaccessible to persons with disabilities, denying them their
right to participate in cultural life as direct participants and as spectators. Even the most basic
activities that should be readily open to all people in a community are often unavailable to
disabled community members. For example, people who use wheelchairs are sometimes
denied entry to movie theaters on the basis that their wheelchairs present a fre hazard
for other participants. Tourism facilities around the world are full of barriers that restrict
movement or prevent access altogether. Hotels have few, if any, accessible rooms and do not
provide accessible signage to persons with visual impairments. Tour buses are rarely able to
accommodate wheelchair users. Restaurants have been known to refuse to serve persons with
intellectual disabilities and throughout the world are notoriously inaccessible to persons with
physical disabilities. Television programming and other technology allowing people to access
culture and sport is not made accessible for deaf persons.
Around the world, people with disabilities experience discrimination and exclusion from active
participation in sport, recreation, and leisure activities. Social and communication barriers
prevent disabled persons from participating as athletes and as spectators because of attitudes
and lack of access to information about sporting opportunities. Physical barriers prevent
disabled persons from accessing sporting faculties and venues. Legal and policy barriers may
also lead to exclusion. For example, many universities and schools do not have policies of
inclusion for allowing students with disabilities to participate in sport, and coaches have no
idea how to adapt sport for athletes with disabilities.
178
Children with disabilities often face numerous barriers in accessing their rights to sport,
recreation and play. Save the Children has documented the particular challenges that children
with disabilities face in this regard. At the same time, many disability organizations have
successfully worked to open up opportunities for disabled children through the development
of adaptive physical education programming in schools or community-based efforts to build
accessible playgrounds.
Disabled peoples organizations worldwide are working to promote their meaningful
participation in cultural life, sport, recreation, and leisure activities, which directly affects their
enjoyment of all other human rights. For example, being denied the right to participate in
sport in your school may directly impact the right to health. The right to participate in cultural
activities is closely related to the right to access information; if information on cultural events
is not provided in accessible formats, then one is effectively denied participation in that event.
Increasingly, sport and cultural programming is seen as an important tool for peace building,
social mobilization, and the support of public health initiatives, such as HIV/AIDS education
or polio immunization campaigns. The exclusion of disabled persons from such activities
impacts their rights to social and political participation, as well as health and education.
These examples demonstrate how human rights are indivisible, interdependent, and
interconnected.
Examples of Barriers to Cultural Life, Sport and
Recreation for Disabled Persons
Attitudes about the ability of people with disabilities to participate meaningfully
in cultural life, sport, and recreation both as participants and as spectators.
Physical barriers to museums, theaters, music halls, spectator sporting
venues, parks, sporting centers, and other cultural and recreational buildings
and facilities.
Lack of accessible transportation to cultural sites and sporting events.
Lack of accessible information about cultural events and sporting
opportunities, including events for persons with disabilities.
Lack of accommodations to facilitate communication by people with
disabilities.
Lack of knowledge and understanding about sign language as a distinct
language/linguistic identity for many deaf and deafblind people.
Lack of training for those involved in the organization of recreational, tourism,
leisure, and sporting activities, as well as cultural activities, to understand
the specifc needs of people with disabilities and how to provide necessary
accommodations.
Lack of knowledge and experience about how to include children with
disabilities in sport and recreation and how to develop adaptive physical
education in schools and design accessible playgrounds and equipment.
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EXERCISE 14.1: Barriers to Participation in Cultural Life, Recreation,
Sport, and Leisure
Objective: To identify barriers to participation in cultural life, recreation, sport, and leisure
faced by people with disabilities
Time: 60 minutes
1. Analyze:
Ask each participant (or pair of participants) to select a specifc area covered by Article 30
(e.g., particular types of cultural activities, language/linguistic identity, sport, recreation, leisure,
play) and to evaluate the barriers a disabled person might face in achieving full participation
in the selected context. Encourage participants to think of a scenario in which their issue is
refected, perhaps drawing from their personal experience.
2. Role Play:
Ask each participant or pair to report on their analysis and to role play at least one of the
barriers a disabled person would face in fulflling this role.
3. Discuss:
What are the consequences when people with disabilities are excluded from full participation
in cultural life, recreation, sport, leisure and related areas? What are the consequences for the
community? For the person with a disability? For society as a whole?
Which barriers have the greatest effect on people with disabilities? On the community?
On society as a whole?
What can be done to eliminate these most signifcant barriers to full participation? List
these.
4. Develop:
As a whole group, develop a fact sheet or checklist for inclusion on one or more topics. For
example, the group may wish to draft a list of the benefts of inclusion for a specifc issue
area (e.g., inclusion in sport, inclusion in tourism) that includes concrete solutions on how
to accommodate people with disabilities in a specifc area. Another option is to draft a list of
tips for including and accommodating people with disabilities in culture or sport. These tools
may then be used in disability rights advocacy and awareness-raising on a particular topic.
Encourage participants to distribute their list to their target audience (e.g., local community,
sport center, or tourism authority).
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT PARTICIPATION IN
CULTURAL LIFE, RECREATION, LEISURE AND SPORT?
The rights to participate in cultural life, recreation, leisure and sport are refected in a number of
international human rights law instruments, including, for example, the Universal Declaration
of Human Rights (UDHR) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR).
1
Specialized conventions also refect these rights, including the
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
which affrms the right of women to participate in recreational activities, sports and all aspects
180
of cultural life.
2
The Convention on the Rights of the Child (CRC) recognizes the right of the
child to rest and leisure, to engage in play and recreational activities appropriate to the age of
the child, and to participate freely in cultural life and the arts.
3

While refected in various human rights instruments, these rights are not as well-developed as
other human rights and are often forgotten. The right of persons with disabilities to participate
in a wide array of cultural, recreational, sporting, and leisure activities is recognized as central
to full inclusion for disabled people and is therefore defned in some detail in Article 30 of
the CRPD. For this reason the CRPD is an important development in human rights law on
participation in culture, sport, recreation and related activities.
Article 30 of the CRPD recognizes:
The duty of States to take measures to support access to places where cultural
performances or services take place. This includes, for example, theatres, museums,
cinemas, libraries and tourism services. It also includes, as far as possible, access to
monuments and sites of national cultural importance.
The right of people with disabilities to develop and practice their creative, artistic,
and intellectual potential for both individual and societal beneft. This recognizes that
people with disabilities are full participants in the cultural life of their communities as, for
example, artists, musicians, scholars and actors.
The duty of States to ensure that laws protecting intellectual property rights do not
present unreasonable or discriminatory barriers in access to cultural materials by
persons with disabilities. This would cover, for example, translating books and other
material into Braille, providing audio cassettes or providing sign language or forms of
accessible technology for artistic performances.
The right of disabled persons to equal recognition and support of their cultural and
linguistic identity. This includes, for example, the right to use sign languages and
recognition and support of Deaf culture. The CRPD therefore recognizes that people
who are part of Deaf culture use sign language as their primary language and see
themselves not as disabled, but as members of a cultural or language minority.
The duty of States to promote the inclusion of persons with disabilities in mainstream
sporting activities. This approach favors an inclusive approach to programming, where
people with disabilities have equal access to sport and recreational facilities (such as
equal access to swimming pools and adaptive playgrounds) and have opportunities
for participation in both disability-specifc sport and recreation (such as wheelchair
basketball) and mainstream sport programming.
The rights of persons with disabilities to organize, develop, and participate in sport and
recreation with other persons with disabilities, including activities organized specifcally
for persons with disabilities. This covers both mainstream as well as disability-specifc
sport.
2 See http://www.un.org/womenwatch/daw/cedaw
181
The duty of States to take measures to ensure that persons with disabilities are included
as recipients of services and programming by those who organize recreational, tourism,
leisure, and sporting activities.
The right of persons with disabilities to access and to use sporting, recreational and
tourism facilities. This would include sport arenas, community pools, museums,
cinemas, hotels, and other facilities.
The right of children with disabilities to play and to participate in recreation, leisure and
sporting activities in the school system. This also includes access to playgrounds in the
community and adaptive physical education in schools.
In summary, States have the obligation to respect, protect and fulfll the rights of people with
disabilities to participate in cultural life, recreation, leisure, sport, and play. In meeting their
obligation to respect the rights of people with disabilities. States must refrain from limiting or
interfering with the access of people with disabilities to exercise their rights to access sporting
and recreational venues, use their own language, such as sign language, and otherwise
participate in cultural activities. States must also refrain from enforcing discriminatory practices
as State policy and must not impose discriminatory practices relating to cultural life, such
as restricting or limiting the use of sign language. Obligations to protect include, among
other things, the duties of States to adopt all appropriate legislative, administrative, and
other measures to facilitate the enjoyment of cultural, recreation, sporting, and leisure rights.
Examples include providing sign language interpretation for a cultural event or building public
sporting arenas without physical barriers. Finally, the obligation to fulfll requires States to,
among other things, undertake measures to fully implement rights. States Parties to CRPD
must, for example, ensure the appropriate training of those involved in the organization of
recreation, tourism, leisure, and sporting opportunities.
Disability and the Arts: Principles for Inclusion
Every young person with a disability deserves access to high quality arts learning
experiences;
All art educators should be prepared to include students with disabilities in their
instruction;
All children, youth, and adults with disabilities should have complete access to
cultural facilities and activities;
All individuals with disabilities who aspire to careers in the arts should have the
opportunity to develop appropriate skills.
4
4 Access and Opportunities: A Guide to Disability Awareness. VSA Arts. http://www.vsarts.org
182
EXERCISE 14.2: What Rights to Participate in Cultural Life, Recreation,
Sport, and Leisure Does the Convention on the Rights of Persons with
Disabilities Affrm?
Objective: To review and understand the right to participate in cultural life, recreation, leisure
and sport in the CRPD
Time: 30 minutes
1. Review:
30 in common language and give some examples of how the rights in the provision could be
enjoyed and make a difference for people with disabilities in their community. Since Article 30
is rather long, you may want to divide different parts among the groups.
2. Paraphrase:
Read Article 30 aloud. Pause at each comma or paragraph to ask different groups for their
3. Give examples:
Ask for examples of how that right could be enjoyed and make a difference for people with
disabilities.
4. Discuss:
organizations at the community, national and international levels might support these rights
(Consider both governmental as well as non-governmental bodies).
THE RIGHTS TO CULTURAL AND LINGUISTIC IDENTITY
All people have the right to participate in the cultural life of their community without facing
harassment or coercion. Thus, people with disabilities should not, as they often are, be
restricted from the practice of their own culture, nor should they be prohibited from participating
in the cultural life of their community. International human rights law recognizes the rights
of linguistic minorities to use and develop their own languages and cultures, and also to
access language education so that they may attain fuency in additional offcial or national
languages.
The Universal Declaration of Human Rights (UDHR)
5
recognizes the right to be free from
discrimination on the basis of ones language (Article 2) and other international instruments
affrm this right, including the Declaration on the Rights of Persons Belonging to National,
or Ethnic, Religious and Linguistic Minorities.
6
Such protections are of great relevance to
those people with disabilities who utilize sign language, Braille, or other modes and means of
communication.
6 See http://www.unhchr.ch/html/menu3/b/d_minori.htm
183
The inclusion in CRPD of language specifcally recognizing the right of people with disabilities
to recognition and support of their specifc cultural and linguistic identity, including sign
languages and deaf culture, is an important development in human rights law. Deaf advocates
at the UN Disability Convention negotiations worked hard to ensure such recognition and
emphasized to governments that members of deaf culture use the term Deaf (often in print
the term is capitalized when used as a cultural marker of identity) as a way of describing their
cultural identity and affliation much more than as a term that expresses their hearing status.
The right of persons with disabilities to use sign language and to affliate with a particular
cultural identity is therefore a major advance. It is also a clear recognition of the discrimination
that many people with disabilities have experienced in using sign language and other modes
and means of communication in their communities.
EXERCISE 14.3: What are the Cultural Rituals in Your Community?
Objective: To consider the cultural rituals within the family or community and barriers that
people with disabilities face in accessing their right to participate in culture
Time: 30 minutes
1. Brainstorm/Discuss/Report:
Ask participants to brainstorm in small groups:
What are the rituals in your culture that mark the important events in a persons life
(e.g.,birth, coming of age, marriage, death) or the seasons of the year (e.g., religious
holidays, national holidays)? List these.
What is the value and importance of these rituals to the individual? To the family? To the
community or society as a whole?
2. Analyze:
Ask each group to report back on their fndings and combine the lists.
Discuss among the whole group:
Are people with disabilities welcome or permitted to participate in these rituals? If not,
why not?
How does exclusion impact people with disabilities personally?
How does exclusion impact their ability to participate as full members in society?
3. Strategize:
Ask the group to consider ways of addressing discrimination in relation to participation in these
cultural rituals.
How might these barriers be challenged: (i) within the family; (ii) within the community?
184
SPORT AS A HUMAN RIGHT
The 1982 World Programme of Action Concerning Disabled Persons
7
stressed that
governments should encourage sport activities of disabled persons by providing facilities and
organizations. The 1993 Standard Rules on Equalization of Opportunities for Persons
with Disabilities
8
provide detailed guidance on making sport and recreation accessible to
people with disabilities. Rule 11 emphasizes that States should take measures to make
sport facilities accessible and that sports organizations should be encouraged to develop
opportunities for participation by persons with disabilities in sports activities, both through
accessibility measures that open up opportunities for participation and, where appropriate,
through developing disability-specifc programming. Rule 11 also promotes the concept of
people with disabilities participating in national and international events. Rule 11 stresses that
persons with disabilities participating in sports activities should have access to instruction and
training of the same quality as other participants. Most important, Rule 11 underscores the
importance of consultations with disabled peoples organizations by organizers of sports and
recreation in the development of their services.
Building upon these earlier efforts, the CRPD supports the right of people with disabilities to
participate in both mainstream and disability-specifc sporting activities. Inclusion recognizes
the role of mainstream sports organizations and institutions in delivering disability sport
programs and services to persons with disabilities and in providing accommodations to make
programs and services accessible. Disability sport refers to sport organized specifcally for
persons with disabilities to provide equitable and fair categories, based on disability and ability,
in order to even the playing feld. Disability sport may therefore be regarded as a category of
sport, such as womens sport.
For many years disability advocates have been promoting the participation of people with
disabilities in sport and recreational activities. The Paralympics are an example of disability
sport at the highest levels of sporting competition. Other international disability-specifc
initiatives include the Deaf Games, organized by the International Committee of Sports for
the Deaf, and the Special Olympics, a worldwide movement to provide competitive sport and
recreational opportunities for people with intellectual disabilities. However, there are numerous
examples of community-based sporting opportunities, often organized by disabled peoples
organizations, to promote inclusion in mainstream sport or to promote disability-specifc
programming. A recent report issued by the UN Special Rapporteur on Disabilities noted that
in many countries around the world, athletes with disabilities are a great source of national
pride and that opportunities for persons with disabilities to participate in sport at the community
level were on the rise.
9
An interesting example of effective advocacy to promote disability
inclusion in sport is the initiative sponsored by the Australian Sports Commission (See text box
on following page).

7 See http://www.un.org/esa/socdev/enable/diswpa00.htm
9 UN Special Rapporteur on Disabilities, Global Survey on Government Action on the Implementation of the
Standard Rules (Doha: 2006).
185
Disability Sport in Australia: Project CONNECT
Project CONNECT is a national initiative of the Australian Sports Commission
and a transition program designed to provide national sporting associations with
assistance in meeting the needs of people with disabilities. The program addresses
sport for people with disabilities at all levels, from grassroots to elite competition.
It aims to create athletic opportunities for people with disabilities and to break
down barriers within disability and non-disability sport structures. The program
forms partnerships at national, state, and local levels to address the full range of
issues that impact participation of people with disabilities in sport. A core part of
the initiative is the development and implementation of Disability Action Plans for
participating national sport organizations, which forms the basis of the range of
support services provided through Project Connect:
Disability Action Plan negotiated between Project CONNECT and national
sporting organizations
Strategies in Plans outline agreed outcomes, time frames, and evaluation
methods
Funding assistance is provided to the national sporting organization for
realization of the strategies
Disability Action Plans must ensure that strategies to develop the sport by the
national sport organization will create opportunities at all levels. Disability Action
Plan is registered with the Australian Human Rights and Equal Opportunity
Commission.
The Disability Standards for Sport, endorsed by the Australian Sports Commission,
provide a framework for assessing outcomes:
Development: Sports organizations must develop their sport in a manner that
attracts and retains peoples with disabilities in a variety of roles within sport
(e.g., as volunteer, spectator, administrator, player, coach and/or offcial);
Participation: Sports organizations must ensure that people with disabilities
are provided with opportunities to participate in disability and non-disability
specifc sport;
Competition: Sports organizations must ensure that competition opportunities
exist for athletes with disabilities in disability and non-disability specifc sport.
Project CONNECT has brought about the fling of Disability Action Plans by a
wide variety of national sport organizations covering the following sports: athletics,
basketball, swimming, tennis, tenpin bowling, yachting, baseball, softball, surfng,
table tennis, cricket, golf, bowls, and riding.
10
10 Australian Sport Commission, Disability Sport Unit, Project CONNECT.
http://www.ausport.gov.au/connect/index.asp
186
EXERCISE 14.4: What is an Athlete?
Objective: To consider the attributes of athletes and the barriers that athletes with disabilities
face in accessing their right to participate in sport
Time: 30 minutes
Ask participants to brainstorm
What are the general attributes of an athlete?
What words or phrases come to mind in thinking about an athlete?
Next, ask participants to think about an athlete with a disability. Record responses on chart
paper.
What do you think about when you think about an athlete with a disability?
What words come to mind?
2. Analyze:
How are the responses different?
How are they the same?
Does anything about these two lists surprise you?
3. Discuss:
Are there athletes with disabilities in your community?
If so, what kinds of sports do they engage in?
If not, why not?
What organizations at the community, national, and international levels might support
the rights of athletes with disabilities? (Consider both governmental as well as non-
governmental bodies).
Variation: This exercise may be easily adapted to address artists, musicians and other
participants in cultural life, sport and recreation.
Source: Adapted from material by Eli Wolff, Northeastern Center for Sport and Society.
187
Case Law: Addressing Discrimination in Professional Golf
In 2001, the United States Supreme Court reached a decision in P.G.A. Tour
v. Martin, a case involving Casey Martin, a professional golfer with a disability
who had requested accommodation in the form of permission to ride a golf cart
in tournaments of the Professional Golfers Association (PGA). Martins disability
was due to a disease affecting the blood fow in one of his legs which caused
extreme pain and fatigue, which was made worse by walking. The Supreme Court
ruled that the PGA Tour is a place of public accommodation under the Americans
with Disabilities Act. Accordingly, the PGA, as an operator of golf courses, must
not discriminate against any player in the full and equal enjoyment of the goods,
services, facilities, advantages or accommodations of those courses. Since the
PGA Tour is a place of public accommodation, the Court decided that the PGA
had to accommodate Martin unless to do so would fundamentally alter the nature
of the event. The Court held that providing Martin with a golf cart would not
fundamentally alter the nature of the event because the fundamental nature of golf
is shot making.
11

TOURISM

Tourism is the largest industry in the world. In the United States alone some 42 million travelers
with disabilities take 31.7 million trips per year. They spend $13.6 billion annually, including
$3.3 billion on airfare, $4.2 billion on hotel accommodations, and $2.7 billion on food and
beverage.
12
Responsible tourism development and tourism that respects the human rights
of persons with disabilities must consider inclusion in planning, designing, and implementing
tourism projects. Most important, disabled peoples organizations must participate in such
processes and need to engage in accessible tourism advocacy. The CRPD, which is the only
major international human rights treaty to explicitly mention tourism, requires States to ensure
that persons with disabilities have access to tourism and tourist services.
11 P.G.A. Tour, Inc. v. Martin, S32 U.S. 661, 121 S. Ct 1879 (2001)
12 Rains, Scott Paul. The Global Reach of Accessible Tourism. 16 May 2005. suite101.com. http://www.
suite101.com/article.cfm/travel_with_disabilities/115976/3
188
Barriers Faced by Tourists with Disabilities
Inaccessible airport transfer and ill-trained airport staff.
Lack of accessible transport.
Inaccessible hotel rooms.
Professional staff not trained to inform and advise about accessibility issues.
Lack of information about a specifc attraction's accessibility (e.g., museums,
castles, exhibitions).
Non-adapted toilets in restaurants and public places.
Inaccessible restaurants and tourist attractions.
Inaccessible streets (e.g., no curb cuts, cars blocking wheelchair access
lanes).
Lack of disability equipment rental (wheelchairs, bath chairs, toilet raisers,
electric scooters).
EXERCISE 14.5: Speaking Up for Accessible Tourism
Objective: To examine discrimination in tourism and tourism development and to consider
how to take action against it
Time: 60 minutes
1. List:
Ask participants what they consider are the main problems of discrimination or barriers in
tourism for persons with disabilities. List these.
2. Plan:
Divide participants into small groups. Ask each group to choose a problem from the list that
they would like to focus on. Give these instructions:
a. Plan a fve-minute presentation to a mock Tourism Development Board that includes
offcials, representatives of the tourist industry, and members of the public;
b. Choose a spokesperson for your presentation and someone to serve on the Tourism
Development Board.;
c. While the groups plan presentations, each member of the Tourism Development Board
meets to decide on their roles. (These roles should refect the attitudes, both positive
and negative, found in the community);
d. Presentations should:
Describe the discrimination, including whom it affects and, if possible, its cause(s);
Relate the discrimination to a human right in the CRPD;
Describe the effects of discrimination on the lives of people with disabilities;
Describe how addressing the problem can improve the lives of persons with
disabilities, and of people generally;
Propose next steps or specifc actions that can be taken to address the problem.
189
3. Role Play/Discuss:
Have the spokesperson from each group make a presentation to the Tourism Development
Board. Encourage members of the Board to respond. Debrief each presentation by asking
for questions, comments, objections, or suggestions from the larger group.
4. Conclude:
Debrief the exercise by asking questions like these:
How did the spokesperson feel when presenting the problem?
How did the Board react? What attitudes and barriers were represented?
Were the problems human rights issues?
Was the tactic for addressing the problem feasible in your community? Why or why not?
What would be the next step be in real-life for addressing this problem?
DISABILITY ADVOCACY AND TOURISM
There is a large and growing movement within disability activism to promote accessible
tourism. Many innovative and successful strategies have resulted in opening tourism to
persons with disabilities:
In Perth, Western Australia, a program called "Beyond Accessibility" requires the hotels
to use from 10% to 15% of the proft they earn from the conventions brought to them by
the Convention Bureau to enhance hotel accessibility.
In Australia's state of Tasmania, a tourism group purchased several properties
throughout the seven tourist regions of the island. Each location is fully wheelchair
accessible. A bus with a lift for wheelchair is made available to tourists for travel
throughout the region and, as a result, the entire island is open to travelers with
disabilities.
In the Canary Islands, disability advocates have improved access to services for Canary
Island residents with disabilities by consulting with the tourism industry, developing an
accessibility directory for Tenerife and a sophisticated online resource offering tourism
information for travelers with disabilities.
Architects and their students from the Rhode Island School of Design are combining
environmentally sensitive, "green" construction methods and building materials with
accessibility concepts to develop an accessible eco-lodge in the US Virgin Islands.
The resort, known as Concordia Estates, allows people with disabilities close access
to unspoiled nature. Tourist hotels in Hawaii have also shown some initiative, not only
in providing guests with comfortable accessible rooms, but also in advising them on
accessible places for food and entertainment and arranging for the rental of specialized
beach wheelchairs to make the beach truly accessible for all.
13

In Costa Rica, disabled advocates worked with government offcials to develop an
accessibility protocol to enhance access to the wonders of the rainforest. (See text box)
What is clear is that without the initiative of disability advocates, the goal of tourism for all will
not be realized.
13 Rains, Scott Paul. The Global Reach of Accessible Tourism. 16 May 2005. suite101.com.
http://www.suite101.com/article.cfm/travel_with_disabilities/115976/3
190
Access to National Parks in Costa Rica
In Costa Rica, a successful example of inclusive planning for national parks
development resulted in the design and implementation of an Accessibility Protocol
for Persons with Disabilities in Protected Wildlife Areas, based on extensive research
and participation by the disability community. Disability groups, in partnership
with the responsible ministry, worked to identify barriers to access in protected
areas, trained park personnel on access issues, and drafted and implemented an
accessibility plan. The project was overseen by the Ministry of the Environment
and Energy, which established an Institutional Commission on Disability and an
internal disability policy, as called for in domestic disability legislation.
14
EXERCISE 14.5: Making a Commitment to Promote Participation in
Cultural Life, Recreation, Sport, and Leisure for People with Disabilities
Emphasize that human rights involve both rights and responsibilities;
Ask if after learning about the human right of people with disabilities to participate
in cultural life, recreation, sport and leisure, the group is ready to think about taking
concrete action;
Explain that you would like to ask each participant to name one individual action that
she or he is willing and able to take in the next month to promote the human right of
people with disabilities to participate in cultural life, recreation, sport and leisure.
USEFUL RESOURCES ON PARTICIPATION IN CULTURAL LIFE, LEISURE
AND SPORT
Adaptive Sports Foundation: http://www.adaptivesportsfoundation.org
Center for the Study of Sport in Society at Northeastern University, Disability in Sport
Program: http://www.sportinsociety.org/vpd/dis.php
International Committee of Sports for the Deaf: http://www.deafympics.com
International Paralympic Committee: http://www.paralympic.org
John F. Kennedy Center for the Performing Arts: http://www.kennedy-center.org
National Arts and Disability Center: http://www.nadc.ucla.edu
Society for Disability Arts and Culture: http://www.s4dac.org
Special Olympics: http://www.speicalolympics.org
United States Association of Blind Athletes: http://www.usaba.org
VSA Arts: http://www.vsarts.org
14 Source: Gatjens, Luis Fernando Astorga. Costa Rica Designs and Tests First Accessibility Protocol in
Protected Wildlife Areas. 2003. Disability World.
http://www.disabilityworld.org/01-03_03/access/costarica.shtml
191
CHAPTER 15: THE HUMAN RIGHTS OF
CHILDREN WITH DISABILITIES
Preamble:
Recognizing that children with disabilities should have full enjoyment of all human
rights and fundamental freedoms on an equal basis with other children, and
recalling obligations to that end undertaken by States Parties to the Convention on
the Rights of the Child.
Respect for the evolving capacities of children with disabilities and respect for the
right of children with disabilities to preserve their identities.
Article 4, General Obligations:
In the development and implementation of legislation and policies to implement the
present Convention, and in other decision-making processes concerning issues
relating to persons with disabilities, States Parties shall closely consult with and
actively involve persons with disabilities, including children with disabilities, through
their representative organizations.
Article 7, Children with Disabilities:
1. 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.
2. In all actions concerning children with disabilities, the best interests of the child
shall be a primary consideration.
3. 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.
192
OBJECTIVES
Understand discrimination against children with disabilities as a human rights issue
Understand the interrelation and interdependence of the rights of children with
disabilities and other human rights
Identify ways in which the rights of children with disabilities have been promoted or
denied
Explain the importance of allowing children with disabilities a voice regarding issues that
involve them
Understand and apply the provisions on the human rights of children with disabilities in
the UN Convention on the Rights of Persons with Disabilities (CRPD)
Highlight possible strategies to advance the rights of children with disabilities.
GETTING STARTED: THINKING ABOUT THE HUMAN RIGHTS OF
CHILDREN WITH DISABILITIES

Children as a whole are marginalized; however, some groups of children, such as children with
disabilities, girl children, and children from ethnic minorities face even greater discrimination.
Children with disabilities are uniquely at greater risk for discrimination due to the fact
that 1) they have a disability and 2) they are children and therefore more vulnerable to
marginalization, exploitation, and abuse. Unless these groups are specifcally mentioned in
human rights treaties, they may be deprived of the protections and guarantees of the general
childrens human rights agenda, including the Convention on the Rights of Persons with
Disabilities (CRPD). For this reason children with disabilities are mentioned in a separate
article in the CRPD. For them, as for all children, the assurance of their human rights,
especially to health, survival, and an adequate standard of living, is critical.
There are an estimated 150 million children with disabilities in the world. More
than 80 percent of them live in developing countries with little or no access to
services, such as education.
1
Many different experiences shape a childhood, including a childs personal characteristics,
gender, class, ethnicity, culture, religion, (dis)ability, socio-economic situation, location, family
situation, environment, education, work, and sexual orientation. These experiences need to be
taken into account when guaranteeing the human rights and fundamental freedoms of children
with disabilities.
1 Committee on the Rights of the Child, General Comment No. 9: The Rights of Children with Disabilities.
29 Sep. 2006. UN doc. CRC/C/GC/9
http://www.ohchr.org/english/bodies/crc/docs/co/CRC.C.GC.9.doc
193
Barriers to Children with Disabilities
Before Birth
Poor maternal health and nutrition
Poverty
Inadequate prenatal care
Prenatal screening and termination of pregnancy
At Birth
Euthanization
Denial of appropriate medical treatment
Risk of rejection by parents
Institutional placement
After Birth
Institutional placement
Isolation in the home and isolation from the community
Denial of the right to education and many other human rights
Risk of continual medical treatments, some painful and unnecessary
Denial of the right to participate in decisions that effect their lives
EXERCISE 15.1: What Rights of Children with Disabilities Does
the CRPD Affrm?
Objective: To review and understand the rights of children with disabilities affrmed by the
CRPD
Time: 30 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to paraphrase the
paragraph in the CRPD Preamble, Articles 3, 4, and 7 in common language and give some
examples of how that right could be enjoyed and make a difference for children with disabilities
in their community.
2. Paraphrase:
Read the CRPD sections above aloud, pausing at each comma or paragraph to ask different
groups for their paraphrase. Discuss the meaning of each section until everyone can agree on
a paraphrase. Write the fnal paraphrase on chart paper.
3. Give examples:
Ask for examples of how these rights could be enjoyed and make a difference for children with
disabilities.
194
4. Discuss:
How can these articles of the CRPD be used to create social change or impact national policy
or local/community decision-making?
Realizing a Childs Rights and Freedoms
A childs enjoyment of his or her rights and freedoms depends on many interrelated factors.
The following factors may infuence the extent to which a child with a disability is excluded
within their particular culture and context:
Prejudice and ignorance: negative attitudes and false beliefs are by far the main
barriers in all cultures and contexts;
Gender: female children with impairments are more likely not to survive, to be
abandoned, to be discriminated against, to be excluded from education, to be deemed
un-marriageable and to be excluded from motherhood and general participation in their
society;
Poverty: where communities lack access to basic resources, families having members
with disabilities are frequently the poorest and most marginalized. Even the very poorest
families initially try to care for and protect their child, but they often become trapped in
a cycle of poverty and exclusion due to negative beliefs and behaviors and a lack of
information, knowledge, skills, and resources;
Crisis situations: children in particularly diffcult circumstances such as natural
disasters, armed confict, and refugee situations are particularly vulnerable to exclusion.
The CRPD and the Convention on the Rights of the Child (CRC) provides the legal
framework for guaranteeing children access to their human rights, but many factors infuence
the extent to which children with impairments realize those rights:
attitudes and behaviors of others towards them (e.g., parents, teachers, neighbors,
other children)
satisfaction of basic needs (e.g., survival, food, shelter, stimulation)
international and national policies which include or exclude them
accessibility of the physical environment (e.g., home, school, community)
access to supports for their physical, social, mental, communication, and personal
development (e.g., basic aids and equipment, assistance, health and education
services, access to early childhood care and education).
Child-Centered Approach to Rights Programming
It is important to remember that children with disabilities, like all children, have the right to
be active participants in decisions that affect them. Some key considerations for child-rights
programming using a child-centered approach are:
Consider childrens best interests;
Listen to children with disabilities;
195
Challenge your own and others assumptions about the needs and perspectives of
children with disabilities;
- Dont make assumptions about what children with disabilities can and cannot do;
- Dont make assumptions about the needs and perspectives of children with disabilities
(ask them!);
Value diversity
- Consider differences between disabilities and abilities;
- Seek to develop the childs abilities and competencies;
Consider the child as a whole and the whole range of his or her development and
needs
Analyze the situation of the child as a whole in its broader context of family and
community;
See children with disabilities as social actors who are involved in decision-
making.
EXERCISE 15.2: Attitudes, Beliefs, and Views on Diverse Childhoods
Objective: To identify common attitudes, beliefs, and views on diverse childhoods
Time: 40 minutes
Materials: Handout; chart paper and markers, or blackboard and chalk
1. Refect/Analyze:
Break into small groups and ask them to discuss the frst and second column of Handout 15.2.
What are 5 common negative beliefs and attitudes in your country about children with
disabilities and their childhood?
What are 5 common positive beliefs and attitudes in your country that support children
with disabilities and their childhood?
Ask groups to record their answers on chart paper in the same format as Handout 15.2.
After brainstorming on the frst and second column, ask groups to refect on both
columns and now discuss the third column;
If you listen to children with disabilities, what are their concerns and opinions regarding
opportunities and programs available to them (programs for all children and/or programs
for children with disabilities)? How do positive and negative beliefs (Columns 1 & 2)
impact their opportunities?
Invite groups to post their charts on the wall. Have participants move around the room
quietly reading the charts of groups and noting common ideas and differences.
2. Discuss:
Reconvene as a larger group to discuss refections. After the refections, summarize the
session and review some of the key points from Handout 15.2:
How do the differing abilities of children with disabilities impact these views (e.g.,
children with visual impairments, psycho-social disabilities, multiple disabilities)?
How does age affect expectations (e.g., for toddlers, youth, young adults)?
How does gender affect expectations for children with disabilities?
How is this cycle of oppression/exclusion strengthened through individuals and society?
How do cultural expectations infuence children with disabilities?
In challenging our assumptions about children with disabilities, how can we promote
a child-centered approach (e.g., listening to children, allowing them to be active
participants involved in decision-making)?
How can this cycle can be broken through program interventions?
196
Handout 15.2
What are 5 common
negative beliefs, attitudes,
and views in your country
about children with
disabilities and their
childhood?
What are 5 common
positive beliefs, attitudes,
and views in your country
that are supportive of
children with disabilities
and their childhood?
When you listen to
children with disabilities,
what are their concerns
and opinions regarding
opportunities and
programs available
for them (programs
for all children and/or
programs for children
with disabilities)? How
do positive and negative
beliefs (Columns 1 & 2)
impact their opportunities?
WHAT DOES HUMAN RIGHTS LAW SAY ABOUT THE RIGHTS OF
ChilDRen with DisAbilities?
Childrens rights have foundations in provisions of international law. The Universal
Declaration of Human Rights (UDHR)
2
Article 25, the Convention on the Rights of the
Child (CRC)
3
and the 1993 UN Standard Rules on the Equalization of Opportunities for
4
address the rights of children with disabilities.
The 1948 Universal Declaration of Human Rights (UDHR) mentions children in Article 25 and
26. Article 26 states that motherhood and childhood are entitled to special care and assistance
and that all children, regardless of whether they are born in or out of wedlock, shall enjoy the
same social protection. Article 26 entitles everyone to equal access to education and allows
parents the right to choose the kind of education given to their child.
The 1989 CRC, the most universally ratifed of all human rights treaties (only the USA and
Somalia are not States Parties), lays the foundation for and defnes the many rights that
3 See http://www.ohchr.org/english/law/crc.htm
197
the CRPD affrms. The CRC provides an over-arching framework for childrens rights and
makes special mention of children with disabilities in Articles 2 and 23. It is important to
remember, however, that every article in the CRC that refers to the child applies also to the
child with disabilities. This inclusion marks an important shift in thinking towards a rights-
based approach, holding governments legally accountable for failing to meet the needs of all
children. The CRC creates a new vision of children as bearers of rights and responsibilities
appropriate to their age, rather than viewing them as the property of their parents or the
helpless recipients of charity.
The CRC has special provisions for children with disabilities. Article 2.1 prohibits discrimination
on various grounds, including disability, and Article 23 sets out the right to special care,
education, and training. Childrens rights cover four main aspects of a childs life that apply
equally to children with disabilities: the right to survive, the right to develop, the right to be
protected from harm, and the right to participate.
Survival rights: the right to life and to have the most basic needs met (e.g., adequate
standard of living, shelter, nutrition, medical treatment);
Development rights: the rights enabling children to reach their fullest potential (e.g.,
education, play and leisure, cultural activities, access to information and freedom of
thought, conscience and religion);
Participation rights: rights that allow children and adolescents to take an active role in
their communities (e.g., the freedom to express opinions, the freedom to have a say in
matters affecting their own lives, the freedom to join associations). Respecting a childs
opinion (Article 12) is especially important as it gives children the right to a voice in all
matters concerning them (e.g., kinds of treatment for disabled children);
Protection rights: rights that are essential for safeguarding children and adolescents
from all forms of abuse, neglect and exploitation (e.g., special care for refugee children
and protection against involvement in armed confict, child labor, sexual exploitation,
torture, and drug abuse).
Disabilities (Standard Rules) address the rights of children and their families in Rule 2
(medical care), Rule 6 (education), which includes very young children with disabilities, and
Rule 9 (family life and personal integrity).
Rule 2 states that infants and children should especially have access to the same level of
medical care that others have. Rule 9 states that persons with disabilities should be enabled
to live with their families. States should encourage the inclusion in family counseling of
appropriate modules regarding disability and its effects on family life. Respite-care and
attendant-care services should be made available to families that include persons with
disabilities. The Education Rule 6 states that general education authorities are responsible
for the education of people with disabilities in integrated settings and encourages the active
involvement of parent groups and organizations in the education process. Special attention is
given to very young children with disabilities and populations at risk for double discrimination.
It is important to remember that all international treaties apply, protect, and enable all, including
infants, children, and youth with disabilities.
198
PARENTS AND FAMILIES OF CHILDREN WITH DISABILITIES
Regardless of ethnicity, economic status, or class, all parents are distressed when they learn
that their child has a disability. The differences among them are very great, however, when you
compare their beliefs and the resources and supports available to them. Traditionally, families,
including grandparents and siblings, carry the responsibility for providing care to children with
disabilities with little to no help from society. To effectively advocate for services, parents need
to understand their rights and the rights of their child, as defned by CRC and CRPD.
Support for the Family
Raise Community Awareness: Dispel myth and stigma associated with disability.
Provide Information and Resources: Build the knowledge and skills of family
members, peers, and the community.
Provide Access to Rehabilitation and Habilitation: Provide access to adequate
medical care and equipment, as well as to support and services for children with
disabilities.
One Parents Story
I am a parent of a disabled child. I am also a community worker with a good
understanding of our early intervention program.
I felt great about this opportunity to increase awareness about disability (the START
Program at the Sunshine Centre). I also wanted to help and support the parents
of disabled children in this area. Often such parents do not trust people who have
not had the same experiences. I know they can feel very isolated and ignored. I
understand from my own experience that many of them do not get support from
their families because there is no understanding of the needs of their disabled
children.
Many fathers of the disabled children do not give their support. My husband had
great diffculty in accepting that our son was disabled. I was not supposed to walk
in the street with my child. His father could not believe that other people could see
the beauty of this child. I struggled because he refused to give me any money for
the special food our child needed.
I know how lonely and frightened these parents can feel. I worried about who
would be responsible for our child if something happened to me. I even believed it
would be the best thing if my child died before me.
I became a community worker because I saw how parents of disabled children
really need support. I knew that with training, parents could help each other. They
do not need people who feel ashamed of disabled children. They need to talk to
someone who can understand that even though the child is disabled, he is still a
human being. He does not have a disease that can affect other people.
5

5 Lloyd, G. An Integrated, Specialized Educational Service Responding to Local Need in Gauteng, South
Africa. 2000. International Special Education Congress.
http://www.isec2000.org.uk/abstracts/papers_l/lloyd_1.htm
199
As the example above demonstrates, raising community awareness and providing supports
can enable a child with a disability to gain the skills necessary to participate in education, care
for themselves, and contribute to society.
For more information on a childs right to education, see Part 2, Chapter 13, The Right to
Education, p. 165.
THE CHILDS RIGHT TO PARTICIPATE
The child participation is key to enabling childrens rights. Children have the right to express
their views and be consulted in matters that may affect them. This should happen at levels
of policy, community, family, and self. Once children or young adults have the skills to
communicate their wants and needs, it is vital that they contribute to decisions made on their
behalf.
A rights-based approach to participation means putting girls and boys from all backgrounds
and disability types, including intellectual and psychosocial disabilities, at the center of human
rights policy and programming. This approach also recognizes children with disabilities as
right-holders and members of society and holds governments accountable for ensuring the
rights of all their citizens, including children with disabilities.
How to Achieve Childrens Participation
Social and Political Movements
Children form their own movements and organizations to claim their rights with support
from adults;
Change the power relations between children and adults;
Enable children to become democratic citizens.
Human Rights
Promote childrens civil rights (e.g., expression, thought, information, organization);
Recognize children as rights holders.
Child Development
Develop childrens abilities, confdence, and independence;
Develop childrens ability to protect themselves;
Improve childrens locus of control, level of empowerment, and learning.
Development
Understand children better;
Develop better programs and policies for children.
According to Equal Opportunity Theory,
6
social policies can be put in place to empower and
protect persons with disabilities. But until we teach children the skills (i.e., increase their
capacity) to make decisions, provide them with opportunities to make decisions, and respect the
choices they make, equality and inclusion, which are principal tenets of the CRPD, will not be
6 Mithaug, Dennis E. Your right, my obligation? The Journal of the Association for Persons with
Severe Handicaps, 23(1), 41-43 Spr 1998.
200
achieved. It is not only a matter of making choices, but also of being empowered to act, subject
to individual circumstances, toward pursuing ones own ends in life in the community.
HUMAN RIGHTS LAW THAT GUARANTEES CHILDRENS PARTICIPATION
Primary Article on Participation in the Convention on the Rights of the Child:
Article 12: the general principle that children have the right to express their views freely
in matters affecting them and that their views should be given due weight in accordance
with their age and maturity.
The right to participation is also explicitly or implicitly expressed in many other CRC articles:
Article 5: parental supervision of direction and guidance in accordance with respect for
childrens evolving capacity
Article 9: non-separation of children from families without the right to make their views
known
201
Article 13: the right to freedom of expression
Article 14: the right to freedom of conscience, thought and religion
Article 15: the right to freedom of association
Article 16: the right to privacy
Article 17: the right to information
Article 29: the right to education that promotes respect for human rights and
democracy
Article 31: the right to play.
Primary Article on Participation in the CRPD
Article 7: states parties should take all necessary measure to ensure the full enjoyment by
children with disabilities of all human rights and fundamental freedoms on an equal basis with
other children; the best interests of the child is the primary consideration; they have the right
to express their views freely on all matters affecting them, given due weight to their age and
maturity; and are to be provided with disability and age-appropriate assistance to realize their
rights.
The right to participation is also expressed in many other the CRPD articles, which build upon
the CRC:
Preamble: children with disabilities should have the same human rights and
fundamental freedoms as other children as included under the provisions of the CRC;
Article 3: respect for evolving capacities of children with disabilities and their right to
preserve their identities;
Article 4: children with disabilities should be consulted with and involved in the
development of legislation and policies to implement the CRPD.
EXERCISE 15.3: Describing Good Practices and Overcoming
Resistance to Childrens Participation
Objective: To describe good practices of child participation and identify common forms of
adult resistance to child participation and strategies to overcome resistance
Time: 50 minutes
Materials: Handout; chart paper and markers, or blackboard and chalk
1. Small Group Work:
Break participants into small groups and share experiences of working with children and
young people with disabilities as partners in their programs/projects. Ask them to focus
on those that have resulted in positive outcomes;
Ask individuals to present some of their key examples. After each presentation, ask their
reasons for selecting those particular examples;
Using Handout 15.3, identify and record adult resistance to child participation and ways
of overcoming adult resistance toward the participation of children with disabilities (e.g.,
in family, schools, communities, local government);
Analyze the answers to identify the common resistance and strategies for overcoming
resistance;
Refect on resistance and how it varies: for different types of disability, for girls or boys,
for school-going or non-school-going children, and in rural and urban settings.
202
2. Discuss:
Ask participants to share their outcomes.
Encourage them to cite positive personal experiences as inputs into the process of
overcoming resistance.
Handout 15.3: Adult resistance to child participation and overcoming resistance
Adults resistance to child
participation
Overcoming adult resistance
Family
School
Community
Workplace
Local
Governance
Within own
organization
or NGO
Add more
203
EXERCISE 15.4: Children with Disabilities as Partners in Programming
Objective: To identify good practices for enlisting the participation of children with disabilities
in the program cycle or parts of the program cycle and to identify ways for
strengthening children with disabilities participation in programs and projects
Time: 60 minutes
Materials: Handout, chart paper and markers or blackboard and chalk
1. List:
Ask participants to share good examples of working with children with disabilities as partners in
programs and to identify the gaps in their interventions. List the gaps on chart paper or board.
2. Small Group Work:
Break into smalls groups and discuss the following questions about their gaps:
n Are children with disabilities (including children with intellectual disabilities) consulted
and involved: are their views incorporated into stages of programming/the project
cycle?
n Is relevant and child/ability-friendly information provided?
n Are the views of different groups of children (different disabilities/ages) taken into
consideration?
n Will the project empower children and/or adults to claim the rights of children (as in
the CRC) and the rights of persons with disabilities (as in the CRPD)?
While still in their groups, ask participants to focus their discussion on ways to
strengthen the participation of children with disabilities in programs and projects. What
are some key lessons:
n on empowering children with disabilities?
n on encouraging adults to realize the rights of children with disabilities?
3. Discussion:
Bring all groups together to share ideas. Summarize by going through some of the
program and project cycle and identifying a few key elements in similar and contrasting
ways to strengthen the participation of children with disabilities. You may refer to the
information below to better understand some positive outcomes of working with children
and young people with disabilities.
POSITIVE OUTCOMES OF WORK WITH CHILDREN AND YOUNG
PEOPLE WITH DISABILITIES
These examples point to key lessons on empowering both children and adults working
together to realize child rights.
Recognition of Children as Social Actors
Parents and community members develop respect for the views and rights of children
with disabilities, thereby increasing their status and voices;
Children with disabilities are recognized as social actors who make positive
contributions to local communities and society;
Children with disabilities bring about attitude changes amongst adults, thus challenging
discrimination in the family, school, and community.
204
Children as Right Holders
Children with disabilities are empowered to address violations of rights and claim their
rights;
Educational performance of children with disabilities is improved;
Self-esteem, confdence, and resilience of children with disabilities are enhanced;
Enthusiasm of children with disabilities to address issues for the beneft of their peers
and community is developed;
Communication, negotiation, and teamwork skills are increased;
Values, skills, and knowledge of democratic functioning among children with disabilities
are enhanced;
Girls and boys with disabilities through knowledge of their own rights and recognition of
the value of their participation are empowered.
Working with Children in Program Development
Opportunities are created for children with disabilities to participate in planning,
decision-making, reporting and legal amendments at different levels of their community
and government;
Children with disabilities are able to express their own perspectives, their understanding
of issues, problems, analysis, solutions, and priorities, which often differ from those of
adults.
Program Outcomes
Reduction in discrimination against children with disabilities;
Increased inclusion in the community and school;
Persuading the local community to take action; improve attitudes and access to the
home, community, and school;
Children with disabilities are able to protect themselves from abuse.
Attitudes and Support of Adults
Adults are more accepting of childrens representation and views at the community and
district level;
Social changes can be seen in adults and peers attitudes and mindsets;
Adults are being held more accountable to address child and disability rights violations
and to provide accessible, quality services to all children;
Increased commitment amongst adults to work with and for children with disabilities.
7
Throughout this chapter you have learned how children have the right to participate fully and
express their views in matters that affect them, as well as how adults can be resistant to their
participation for many reasons. You have discovered that childrens rights need to not only be
protected, but promoted as well. And most importantly, that children can actively participate as
partners in programming, leading to many positive outcomes, such as empowerment, social
action and inclusion, and the reduction of discrimination. Because the rights of children with
disabilities are vulnerable to abuse, it is the responsibility of human rights law and society to
ensure these rights are upheld.
7 Adapted from OKane, Claire. Children and Governance, (draft). Save the Childrens Training Manual
Child Rights Programming. http://seap.savethechildren.se/South_East_Asia/Misc/Puffs/Child-Rights-Pro-
gramming-Training-Manual
205
EXERCISE 15.5: Making a Commitment
Objective: To emphasize and examine that the human rights of children with disabilities
involve both rights and responsibilities
Time: 30 minutes
1. Action:
Ask if, after learning about the human rights of children with disabilities, the group
members are ready to think about taking concrete action.
commitment to creating change is very important.
the rights of children with disabilities.
The rights of children with disabilities are the same as those of everyone else. Children
with disabilities are entitled under the CRC and the CRPD to the same human rights and
fundamental freedoms as all other children and as all other persons with disabilities. States
Parties and organizations are obligated to involve children with disabilities and enable them
to attain their rights and freedoms. The active involvement of children with disabilities in policy
and programming is not only an obligation, but also a beneft both to the child and the whole
community.
USEFUL RESOURCES ON THE HUMAN RIGHTS OF CHILDREN WITH
DISABILITIES
Child Rights Information Network: http://www.crin.org/ and
http://www.crin.org/themes/ViewTheme.asp?id=5
Equal Opportunity Theory: Mithaug, D. E. (1998). Your right, my obligation? The Journal
of the Association for Persons with Severe Handicaps, 23(1), 41-43
International Save the Children Alliance:
http://www.savethechildren.net/alliance/index.html
Lessons for Including Children in Policymaking: http://www.savethechildren.net/alliance/
resources/12lessons.pdf
Mithaug, Dennis. E.,Your right, my obligation? The Journal of the Association for
Persons with Severe Handicaps, 23(1), 41-43 Spr 1998
Save the Children UK: http://www.eenet.org.uk/bibliog/scuk/scuk_home.shtml
The Sunshine Centre Association (START Distance Project): http://www.sunshine.org.za
Training Manual Child Rights Programming: http://seap.savethechildren.se/South_East_
Asia/Misc/Puffs/Child-Rights-Programming-Training-Manual/
UNICEF: http://www.unicef.org/crc
206
CHAPTER 16: THE RIGHT TO NON-DISCRIMINATION AND
EQUALITY FOR WOMEN WITH DISABILITIES
Preamble:
q. Recognizing that women and girls with disabilities are often at greater risk, both
within and outside the home of violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation,
s. Emphasizing the need to incorporate a gender perspective in all efforts to promote
the full enjoyment of human rights and fundamental freedoms by persons with
disabilities.
The principles of the present Convention shall be
g. Equality between men and women;
Article 6, Women with disabilities:
1. States Parties recognize that women and girls with disabilities are subject to
multiple discriminations, and in this regard shall take measures to ensure the full
and equal enjoyment by them of all their human rights and fundamental freedoms.

2. States Parties shall take all appropriate measures to ensure the full development,
advancement and empowerment of women, for the purpose of guaranteeing them
the exercise and enjoyment of the human rights and fundamental freedoms set out
in the present Convention.
Article 16, Freedom from exploitation, violence and abuse:
1. States Parties shall take all appropriate legislative, administrative, social,
educational and other measures to protect persons with disabilities, both within and
outside the home, from all forms of exploitation, violence and abuse, including their
gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of
and age-sensitive assistance and support for persons with disabilities and their
families and caregivers, including through the provision of information and education
on how to avoid, recognize and report instances of exploitation, violence and abuse.
States Parties shall ensure that protection services are age-, gender- and disability-
sensitive...
5. States Parties shall put in place effective legislation and policies, including women-
and child-focused legislation and policies, to ensure that instances of exploitation,
violence and abuse against persons with disabilities are identifed, investigated and,
where appropriate, prosecuted.
207
OBJECTIVES
Explore the right to equality and freedom from sex discrimination for women and girls
with disabilities
Explain the importance of these concepts for women and girls with disabilities
Understand the interrelation between non-discrimination and equality and other human
rights
Identify ways in which the rights of women with disabilities to freedom from sex
discrimination have been promoted or denied
Understand the provisions on gender equality and non-discrimination in the UN
Discrimination starts at home, in the early years of the life of a disabled woman.
This discrimination brings with it a reluctance on the part of families, or rather,
decision-makers within the families, to make tangible and intangible resources
available to disabled women, thus further undermining their life chances.
L. Abu-Habib
1
GETTING STARTED: THINKING ABOUT EQUALITY AND
NON-DISCRIMINATION
Throughout the world, women with disabilities are subject to two-tiered discrimination, based
on their gender and disability. They are denied jobs, excluded from schools, are considered
unworthy of marriage or partnership, and are even barred from certain religious practices.
Women and girls with disabilities are often the last to receive the necessary support to enable
them to overcome poverty and lead productive and fulflling lives (e.g., education, employment,
appropriate general health care services). They are at higher risk for abuse and violence,
which can, in turn, aggravate existing disabilities or create secondary disabilities, such as
psychosocial trauma.
The susceptibility of women with disabilities to discrimination is a global phenomenon, but
how a society or culture understands and addresses this issue varies greatly. Women with
disabilities in the developing world experience a triple bind:
They are discriminated against because they are women;
They are discriminated against because they have disabilities;
They are discriminated against because they are from the developing world where they
are more likely to be poor, where opportunities and accessibility for girls and women
with disabilities are extremely restricted and where prejudice against this group is
pervasive.
The rights of women and girls to non-discrimination and equality are interrelated with all other
human rights issues. When treated in a discriminatory or unequal manner, women and girls
cannot fully enjoy their other rights. For example, a disabled girl who receives an inferior
education in relation to boys will be treated unequally throughout her work life. The lack
1 Abu-Habib, L. Gender and Disability: Womens Experiences in the Middle East (Oxfam, UK, 1997).
208
of access to general health care by women with disabilities, including reproductive health,
impacts not only their right to health but also their right to information and potentially their
rights in relation to family and parenthood. These examples demonstrate how human rights are
indivisible, interdependent, and interconnected.
EXERCISE 16.1: The Far-Reaching Effects of Discrimination
Objective: To understand the multiple effects of discrimination experienced by women and
girls with disabilities
Time: 60 minutes
Materials: Copies of an Effects Cascade, paper and markers
Optional: Paper cut into circles or paper plates and markers
1. Brainstorm:
Ask participants to brainstorm ways in which women or girls with disabilities experience
discrimination or unequal treatment. List these, combining similar examples. Keep this list for
use in Exercise 16.2.
2. Analyze:
Divide participants into pairs or small groups and ask each pair to choose one example
of discrimination to analyze. Give these instructions and illustrate how to use the Effects
Cascade:
step 1: Identify the problem. Write down the problem in the circle at the top of the
cascade.
step 2: Think of three results of that problem in the lives of women and girls with
disabilities and write these in the three circles below the big circle.
step 3: For each of the three results, think of two additional effects that may follow. If
you identify more responses, add extra circles.
Example: If the problem is that women and girls with disabilities do not receive an equal
education, three results might be:
They cannot read or write;
They cannot earn an adequate living;
They are excluded from others in their age group.

From the effect They cannot read or write, three results might be:
They cannot receive written information;
They cannot read instructions on medications;
They cannot communicate by letter or email.
Alternative: If time permits, use a positive cascade using what would result if the right were
enjoyed (e.g., Disabled women and girls receive an equal education).
3. Report:
Ask each pair to present its Effects Cascade. At the end of each presentation, ask the whole
group for additional ideas about other effects. Add these to the diagram. Keep all the diagrams
mounted at the front of the room.
4. Discuss:
Emphasize that just as these effects of discrimination are far reaching, they also involve
209
violations of human rights that have multiple effects. Review each chart and ask participants
to identify what human rights might be violated in each chart, besides the general rights to
equality and freedom from discrimination.
Example: On the effects of Women and girls with disabilities do not receive an equal
education, you might write:
They cannot read or write = Right to Education;
They cannot earn an adequate living = Right to an Adequate Standard of Living;
They are excluded from others in their age group = Right to Association and Right to
Participate in the Community.
5. Conclude:
Conclude by emphasizing the inter-relatedness of rights. Illustrate how this works both
positively as well as negatively. Take any one of the issues analyzed and do a positive Effects
Cascade, showing how the realization of one right affrms other human rights.
Example: If Women and girls with disabilities receive an equal education, the effects
might be:
They can read and write = Right to Education;
They can earn an adequate living = Right to an Adequate Standard of Living;
They participate in their age group = Right to Association and Right to Participate in
the Community.
210
WHAT DOES INTERNATIONAL LAW HAVE TO SAY ABOUT THE RIGHTS
OF wOMen AnD GiRls with DisAbilities?
International human rights law clearly establishes the right of all human beings to non-
discrimination and equality. The Universal Declaration of Human Rights (UDHR) protects
women and girls with disabilities against discrimination on account of their sex, as does the
International Covenant on Civil and Political Rights (ICCPR).
2

The most important specialized international human rights treaty addressing the rights of
women is the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW).
3
While CEDAW does not specifcally address the rights of women and girls
with disabilities, it applies to all women and establishes important rights and obligations relating
to non-discrimination in public and private spheres. The CEDAW Committee, the body that
monitors implementation of CEDAW, issued a General Comment (General Recommendation
No. 18 (Disabled women)
4
calling on States to include information on women and girls with
disabilities in their reports to the Committee). The Convention on the Rights of Persons with
Disabilities (CRPD) adopts a dual approach in addressing the rights of women and girls with
disabilities. These may be characterized as a more general or broad brush approach and a
more specifc or thin brush approach.
General Broad Brush Approach to Gender Discrimination
The broad brush approach establishes general principles of equality and non-discrimination
that apply to the whole of the CRPD. Equality and non-discrimination form the cornerstone
upon which all human rights are constructed. At its core, recognition of human rights means
accepting the notion that all human beings have equal worth and are entitled to respect for
their human dignity. Thus, although the precise language differs, nearly every contemporary
international human rights instrument contains a provision, usually placed at the beginning,
stating that it should be applied on the basis of equality and without discrimination.
In Article 3(g), the CRPD provides that equality between men and women is a general
principle underlying the entire treaty. This means that even if a certain provision is silent on
the issue of gender equality, the principle of equality still informs the application of a treaty
provision. In this way, gender equality applies across the entire CRPD.
States have both affrmative and negative duties to respect, protect and fulfll the provisions of
the Convention. The State should always take care to respect womens equality in relation to
men. For example, in addressing CRPD Article 13 on access to justice, the state must not do
anything that favors men and further widens disparities in power between men and women in
society. On the contrary, any solutions to problems identifed by the Convention should protect
the gains that women have already made in society and advance (or fulfll) their future goals
for improving their position in society even further.
Article 6 of CRPD is somewhat unusual in that it explicitly recognizes that states have the duty
to address the multiple discriminations facing women with disabilities. It declares that States
Parties shall take all appropriate measures to ensure the full development, advancement, and
empowerment of women for the purpose of guaranteeing them the exercise and enjoyment of
their human rights.
3 See http://www.un.org/womenwatch/daw/cedaw/cedaw.htm
4 See http://www1.umn.edu/humanrts/gencomm/generl18.htm
211
specifc or thin brush Approach to Gender Discrimination
As a complement to a general broad brush equality/nondiscrimination provision, many
international human rights instruments also feature very specifc provisions focusing on specifc
issues of particular interest to certain affected populations. The CRPD adopts a thin brush
approach with respect to exploitation, violence, and abuse.
In addressing violence, the CRPD directs the state to move far beyond the duty to respect, and
gives specifc instructions on how to protect and fulfll. Signifcantly, in so doing, the Convention
breaks down the artifcial divide between the public sphere and the private (family) sphere
(sometimes referred to as the public/private split) by recognizing specifc state obligations in
each sector.
In the public sector:
States Parties shall take all appropriate legislative, administrative, social, educational
and other measures to protect persons with disabilities, both within and outside the
home, from all forms of exploitation, violence and abuse, including their gender-based
aspects.
In the private sector:
States Parties shall also take all appropriate measures to prevent all forms of
and age-sensitive assistance and support for persons with disabilities and their families
and caregivers, including through the provision of information and education on how to
avoid, recognize and report instances of exploitation, violence and abuse.
Further advancing the states duty to protect and fulfll, with regard to violence and abuse,
CRPD (art. 16, para 5) declares: States Parties shall put in place effective legislation and
policies, including women- and child-focused legislation and policies, to ensure that instances
of exploitation, violence and abuse against persons with disabilities are identifed, investigated
and, where appropriate, prosecuted.
EXERCISE 16.2 The Roots of Discrimination
Objective: To analyze causes of discrimination experienced by women and girls with
disabilities
Time: 60 minutes
Materials: Copies of a Fishbone Diagram, paper and markers
1. Introduce:
Reintroduce the list of examples of discrimination used in Exercise 16.1. Explain that while the
frst exercise looked at the effects of discrimination, this one will analyze its causes.
2. Analyze:
Divide participants into pairs or groups and ask each to choose an example of discrimination
to analyze. These may be the same groups and topics as Exercise 16.1, or both may be new.
Give each pair copies of a fshbone diagram, chart paper and markers. Explain that their task
212
is to beak the problem down, into manageable parts. Give these instructions and introduce the
fsh-bone diagram, explaining that it pushes you to consider all possible causes of the problem.
Illustrate how to use the diagram using a simple problem.
step 1: Identify the problem. Write down the problem in a single sentence or phrase.
step 2: What are the major factors involved? Draw lines of the spine of each factor and
label it. These may involve many factions such as people, systems, equipment, external
forces, attitudes, customs and cultural traditions.
step 3: Identify possible causes for each factor you consider in Step 2. Show these as
smaller lines coming off the bones of the fsh. For a large or complex problem, it may
be best to break these bones down into sub-causes. Show these as lines coming off
each cause line.
step 4: Analyze your diagram. Depending on the complexity and importance of the
problem, what are some things you could do to address the problem.
Alternative: Create an outline with the problem as the heading and factors and sub-causes as
sub-headings.
3. Report:
Ask each pair to present their diagram. At the end of each presentation, ask the whole group
for additional ideas about other causes or how to address the problem.
4. Summarize:
Ask participants what common causes they observed in these different analyses. List these
and discuss how these principal sources of discrimination might be addressed.
Sample Fish Diagram Analyzing Tyrannosaurus rex Anatomy
213
EXERCISE 16.3: how Does the CRPD Affrm the Rights of women
and Girls to non-discrimination and sex equality?
Objective: To review and understand the human rights of women and girls affrmed by the
CRPD
Time: 30 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to discuss the
broad brush and thin brush approaches to nondiscrimination and sex equality undertaken
by the CRPD.

2. Give examples:
Ask for examples of how the rights of women and girls with disabilities could be enjoyed and
make a difference in their lives.
3. List:
List 3-5 examples vertically on a big piece of paper. Make three columns across the top
labeled, respect, protect, fulfll. Fill in the chart with examples.
4. Discuss:
How can the sex equality and nondiscrimination provisions of the CRPD be used to set
national disability rights agendas and formulate platforms of action for submission to political
parties or government decision-makers?
SPECIFIC FORMS OF SEX DISCRIMINATION AND INEQUALITY
EXPERIENCED BY WOMEN AND GIRLS WITH DISABILITIES
Violence
Women with disabilities face high rates of violence, both at the hands of family members and
of personal assistants. Caregivers can include attendants, interpreters, homemakers, drivers,
doctors, nurses, teachers, social workers, psychiatrists, therapists, counselors, and workers
in hospitals and other institutions. This large number of people and the intimate physical
and emotional contact involved in the care they provide greatly increase the risk of abuse to
persons with disabilities. Furthermore because they must often depend on caregivers, women
with disabilities face even more diffculty than other women to pursue a remedy for abuse.
Surveys conducted in Europe, North America, and Australia have shown that over half of all
women with disabilities in those countries have experienced physical abuse, compared to
one-third of women without disabilities. In the United States, research has shown children
with disabilities to be almost twice as likely to experience sexual abuse as children without
disabilities.
214
Forms of Violence Against Women and Girls with Disabilities
Violence against women with disabilities can take many forms, which can occur at the
same time. It occurs not only as deliberate maltreatment and abuse, but also in the
more passive form of neglect:
neglect - denial of food, lack of or inappropriate personal or medical care;
Physical abuse - assault, rough or inappropriate handling, inappropriate personal
or medical care, overuse of restraint, inappropriate behavior modifcation,
overmedication, confnement;
Psychological abuse - verbal abuse, intimidation, social isolation, emotional
deprivation, denial of the right to make personal decisions, threat of having her
children taken away;
sexual abuse - denial of a womans sexuality, denial of sexual information/education
(e.g., about birth control and childbirth), verbal harassment, unwanted sexual
touching, assault, forced abortion or sterilization.
5
Access to Rehabilitation Services
Rehabilitation services are not available to the vast majority of persons with disabilities who
may beneft from them and services that do exist are very often inaccessible or unavailable
to women and girls. In many war-affected countries, rehabilitation services are available only
to men. In developing countries, women and girls with disabilities are far less likely to have
access to orthotic and prosthetic services for a variety of reasons including lack of information,
inability to travel alone for services, and lack of fnancial resources. (For more on the right to
habilitation and rehabilitation, see Chapter 9, page 127).
Access to Essential Health Care
Women and girls with disabilities also face major barriers related to their right to basic health
care. Obstacles in accessing general health care for women and girls with disabilities include
discrimination and bias, lack of information, lack of transportation, and lack of respect for
autonomy and privacy. In one U.S. study, 31% of disabled women were refused health care by
doctors because of their disability.
6
The WHO reports that few schools of medicine, nursing,
public health, dentistry, pharmacy, allied health professional or schools of social work offer any
disability-related training or coursework and those that do are very narrowly focused on clinical
and rehabilitation care.
7
Right to Reproductive Health Care
Women with mental and physical disabilities must fght to participate in decisions about their
health care. In many cases health workers persistently refuse of to advise disabled women
and girls on appropriate family planning services and methods. All too frequently decisions
are made for them, without their consultation or consent, leading to a variety of human rights
abuses, including forced abortion, sterilization, and psychiatric drugging.
8
When seeking
5 Saxton, Marsha. Curriculum on Abuse Prevention and Empowerment. World Institute on Disability.
http://www.wid.org/programs/health-access-and-long-term-services/curriculum-on-abuse-prevention-and-
empowerment-cape
6 Nosek, M.C. et al., National Study of Women with Physical Disabilities: Final Report. (Houston: Center for
Research on Women with Disabilities, 1997).
7 Draft Policy on Disability (World Health Organization, Unpublished manuscript, 1999).
8 United States State Department Human Rights Report (February 2000).
215
reproductive health care, disabled women often face abusive treatment at the hands of
physicians who do not understand their particular circumstances. A study in the USA, for
example, showed that women with disabilities were signifcantly less likely to receive pelvic
exams than non-disabled women.
9
Right to Marry and Form a Family
Disabled women also face limitations on their rights to marry and found a family, and they often
lose custody of their children. Women with disabilities may be regarded as unft for parenting or
be falsely informed that having a child would be unsafe or unwise because of their disability. In
1997, the Government of Japan acknowledged that some 16,500 women with disabilities were
sterilized, without their consent, between 1949 and 1992 in order to prevent against birth of
defective descendants.
10
The Government rejected calls by the disability community for
compensation on the basis that the procedures were legal according to the domestic law at the
time. In some countries, it is also almost impossible for disabled women to adopt children.
Education and Literacy
The combination of discrimination on the basis of both gender and disability results in low
literacy for women and girls with disabilities and poor rates of school attendance. In the U.S.,
women with disabilities are fve times more likely than women without disabilities to have fewer
than eight years of schooling. In many countries, schools are inaccessible or too far away or
may exclude girls with disabilities (as well as boys) from attendance. Imagining that their girl
will have little opportunities in life, parents may see little reason to send her to school. For girls
with disabilities who do not attend school, information on reproductive health is even more
limited, leading to the unsurprising result in the U.S. that young women with disabilities are
signifcantly more likely to be mothers three to fve years after leaving school than non-disabled
young women. Studies also show that students with disabilities experience higher rates of
sexual harassment in schools and that girls with disabilities face higher rates than boys with
disabilities.
11
Workplace Discrimination
The labor market does not adequately accommodate women with disabilities, nor are there
suffcient laws to prevent and punish harassment, either sexual harassment or harassment
on the basis of disability. According the United Nations only one quarter of women with
disabilities worldwide are in the workforce. They are twice as unlikely to fnd work as men
with disabilities.
12
Workplace harassment of employees with disabilities also is commonplace,
and biases can be particularly severe with regard to people with hidden disabilities, such
as mental disabilities. Pervasive ignorance frequently leads potential employers to reject
women with disabilities because they mistakenly assume that the women will not be able to
fulfll job requirements or that reasonable accommodations will be extensive and costly. The
unemployment rate for women with disabilities in developing countries is virtually 100%.
13
9 Rousso, Harilyn. Girls and Women with Disabilities: An International Overview and Summary of
Research. (Disabilities Unlimited Consulting Services, 2000).
10 Counter Report of the Report of the Japanese Government Made at the 26th Session of the Extraordi-
nary Session of the Committee on Economic, Social and Cultural Rights, Geneva. 13-31 August 2001.
DPI Japan National Assembly of Disabled Peoples International.
http://homepage2.nifty.com/ADI/Counterreport.html
11 Rousso, Harilyn. Girls and Women with Disabilities: An International Overview and Summary of Re-
search. (Disabilities Unlimited Consulting Services, 2000).
12 Women and Girls with Disabilities. 2006. Human Rights Watch. http://hrw.org/women/disabled.html
13 Factsheets on Women with Disabilities. Dawn Ontario Disabled Womens Network Ontario.
http://dawn.thot.net/fact.html
216
Adequate Standard of Living
In countries where women are most valued for their productive and reproductive capacities, a
woman with a disability will face even greater discrimination. Typically, she will be allocated the
smallest amounts of food and other resources. As a result, the survival rate of girl children with
disabilities is lower than that of boys. Few developing countries offer educational opportunities
for girls with disabilities, and when opportunities for education exist in schools for children with
disabilities, boys usually receive them. Women and girls with a disability living in urban slums
face particularly extreme circumstances, lacking adequate shelter, clean water, and sanitation
and exposure to high levels of gender-based violence and environmental pollution.
EXERCISE 16.4: Decision-making in the Family and Beyond
Objective: To identify decision-making power in the family and beyond
Time: 90 minutes
1. Brainstorm:
Ask the full group to call out answers to the following question: What decisions are made in
the typical family? Participants offer out their ideas without comment. Record their responses
without comment.
2. Discuss:
Ask the group to comment on any differences in the decisions that men and women make. Add
any of the following that are not included in the list:
Whom to live with and according to what arrangement
Whether to marry
Whom to marry
When to marry
Whether to bear children
When to begin bearing children and how many children to bear
Whether to retain ones own nationality and citizenship in marriage
Whether to adopt children and how many to adopt
Whether to raise another persons child outside of adoption
Whether and when to divorce, and on what conditions
Whether to own and control personal property, borrow money, or to open a business
Whether to apply for paid employment, and what type of employment to enter.
3. Distribute & Analyze:
Distribute Article 6 and Article 3(g) of the CRPD and point out that it provides for women with
disabilities to have equal rights and responsibilities on the basis of non-discrimination. In small
groups or in pairs, ask participants to discuss the following questions and report back to the full
group:
What do the provisions in CRPD mean?
Should there be recognition that women with disabilities may have different needs from
men?
How are these provisions followed or not followed in your community? In your family?
217
WOMEN WITH DISABILITIES AS ORGANIZERS
It makes me feel proud that I belong to this worldwide group of disabled women.
It also reminds me of when I was a little lonesome girl and very unhappy with my
progressive disability and sad perspectives. But now I am no more lonesome and
unhappy. We are now powerful, smart, effective leaders of our own movement.
We have now knowledge and power and connection and hope to offer to each
other. In a way, we do that whenever we meet a young disabled girl or woman
and offer her a new way of facing the discrimination, with new knowledge and
resources and a whole world of other strong disabled women connected and
supporting each other.
Dinah Radtke
Womens Committee Chairperson
Disabled People International, 1999
Women with disabilities are not only taking active and leading voices in disability movements
all over the world, they are also creating autonomous organizations and committees focused
on the concerns of women with disabilities. These efforts are not without struggle. Issues
crucial to women with disabilities are still seen as a small part of the struggle for independent
living in most national and international disability organizations. Yet the community of women
with disabilities has articulated on issues that affect it in an increasingly sophisticated manner.
Women with disabilities have created goals that were included in diverse resolutions from the
1995 UN Womens Conference Platform for Action to individual country and organizational
plans for addressing long-standing discrimination against women with disabilities. The efforts
of women with disabilities coming together to mobilize around human rights issues is a
signifcant aspect of global disability rights advocacy. (See text box).
INTERNATIONAL EFFORTS TO ADVANCE THE RIGHTS OF WOMEN WITH
DISABILITIES
1995 International Symposium on Issues of Women with Disabilities, preceding the
UN Fourth World Conference and NGO Forum on Women in Beijing, China, coordinated by
Mobility International USA (MIUSA).
1995 Disabled Womens Caucus at the NGO Forum and the UN Fourth World Conference
on Women, in Beijing, China, coordinated by an international caucus of women leaders with
disabilities, calling themselves Womens International Linkage on Disability.
1997 Mobility International USA (MIUSA) coordinated the International Womens Institute on
Leadership and Disability, bringing together 35 women with disabilities from around the world
for an intensive two-week leadership training program in the USA.
1997 The International Forum on Issues of Women with Disabilities, coordinated by
the World Institute on Disability and Rehabilitation International, with support from the US
Departments of Education and Health and Social Services.
218
1998 MIUSA International Symposium on Microcredit for Women with Disabilities, held in
Eugene, Oregon, USA.
2000 MIUSA Global Options for Women with Disabilities in Leadership and Employment,
held in Eugene, Oregon, USA.
2006 UN adopts Convention on the Rights of Persons with Disabilities. The efforts of the
Womens Caucus secured a provision on women with disabilities in the Convention and other
provisions on gender.
EXERCISE 16.5 Making a Commitment
Objective: To emphasize and examine that the human rights of women and girls with
disabilities involve both rights and responsibilities.
Time: 30 minutes
1. Action:
Ask if after learning about the human right of women and girls with disabilities, the group
members are ready to think about taking concrete action.
commitment to creating change is very important.
the right of women and girls with disabilities to non-discrimination and equality.
USEFUL RESOURCES ON GENDER AND DISABILITY
Disabled Women in Sport:
http://www.feminist.org/sports/disability.html
Disabled Women on the Web:
http://www.disabilityhistory.org/dwa/
International List for Women with Disabilities and Women Allies (D-Wild):
http://groups.yahoo.com/group/d-wild/
Organizations and Committees Concerned with Issues Affecting Women with
Disabilities:
http://www.dpi.org/en/resources/topics/women/02-11-05_orgs.htm
219
CHAPTER 17
THE HUMAN RIGHTS OF OTHER POPULATIONS
Preamble: (excerpts)
The States Parties to the present Convention
(i) Recognizing further the diversity of persons with disabilities,
(k) Recognizing the need to promote and protect the human rights of all persons with
disabilities, including those who require more intensive support,
(p) Concerned about the diffcult conditions faced by persons with disabilities who are
subject to multiple or aggravated forms of discrimination on the basis of race, colour,
sex, language, religion, political or other opinion, national, ethnic, indigenous or social
origin, property, birth, age or other status,
(t) Highlighting the fact that the majority of persons with disabilities live in conditions of
poverty, and in this regard recognizing the critical need to address the negative
impact of poverty on persons with disabilities[.]
OBJECTIVES
Understand the multiple forms of discrimination that sub-groups within the general
population of persons with disabilities may face and to identify discrimination against
them as a human rights issue
Identify ways in which the human rights of these sub-groups have been promoted or
denied
Explain the importance of affording all persons with disabilities a voice in decision-
making processes that concern their interests, including the participation of persons with
disabilities in development decision-making
Understand and apply the provisions on the human rights of persons with disabilities
who may be subject to multiple forms of discrimination in the UN Convention on the
Rights of Persons with Disabilities (CRPD)
Highlight possible strategies to advance the rights of all persons with disabilities
220
GETTING STARTED: THINKING ABOUT THE HUMAN RIGHTS OF
PERSONS WITH DISABILITIES WHO EXPERIENCE MULTIPLE
DISCRIMINATION
In general, persons with disabilities are marginalized and face discrimination on account
of their disability. Some groups of persons with disabilities face multiple or aggravated
discrimination on account of their status or membership in a minority group. They experience
discrimination due to their disability as well as other characteristic, situation or circumstance,
such as age, social situation or health status. There are many attributes that may result in
multiple or aggravated discrimination. These include, but are by no means limited to: race,
color, sex, language, religion, political or other opinion, national, ethnic, indigenous or social
origin, property, birth, age, sexual minority status, poverty or other status. A person with a
disability who requires intensive support may also experience such aggravated discrimination.

People with disabilities may face discrimination in a variety of life circumstances and situations.
People with disabilities who are living in a humanitarian crisis, such as natural disaster or
armed confict, may experience discrimination on account of their disability and on the basis
of their refugee or displaced status. Health status, for example the situation of a person with
a disability who is living with HIV/AIDS or other communicable disease, may also result in
discrimination.
These differences and a variety of other characteristics and circumstances should be taken
into account when considering how best to ensure the human rights and fundamental
freedoms of all persons with disabilities.
Identifying the Many Bases of Discrimination
In 2000, the Charter of Fundamental Rights of the European Union was adopted
which includes, among other human rights provisions, one of the most far-reaching
non-discrimination provisions in modern human rights law.
Article 21(1) provides: Any discrimination based on any ground, such as sex,
race, colour, ethnic or social origin, genetic features, language, religion or belief,
political or any other opinion, membership of a national minority, property, birth,
disability, age or sexual orientation shall be prohibited.
1
The non-discrimination provision in the Charter makes clear that discrimination on
any grounds, including those specifcally mentioned in the provision, as well as
other grounds not mentioned in the provision, are prohibited.
1 See http://www.europarl.europa.eu/charter/default_en.htm
221
EXERCISE 17.1: What Does It Mean to Experience Multiple Discrimination?
Objective: To understand the effects of multiple discrimination
Time: 60 minutes
Materials: Slips of paper and pencils
1. Brainstorm:
Ask the group to list types of disabilities with which they are familiar (e.g., people with physical,
sensory, learning, intellectual, and psycho-social disabilities). List these and have these written
on separate slips of paper. Collect these slips in a container.
Next, ask the participants to name the groups in their community who experience
discrimination (e.g., religious and racial minorities, indigenous people, immigrants and
migrants, people of color, poor people, people with HIV/AIDS). List these and have them
written on a slip of paper. Collect these slips in another container.
2. Imagine/Discuss:
Divide participants into small groups. Explain that each group will imagine a person with certain
characteristics that they will choose at random, starting with that persons disability. Ask each
group to draw a slip from the container containing types of disabilities and discuss what kinds
of discrimination based on that disability their imagined person might face.
3. Imagine/Discuss:
After about fve minutes, announce that in addition to having a disability, this person also has
another characteristic that results in discrimination. Have each group draw a slip from the
container with names of groups. Ask them to imagine and discuss what additional discrimination
this person might now face.
4. Imagine/Discuss:
After another fve minutes, announce that this person has another characteristic that
causes discrimination and have each group draw a second slip from the container of group
characteristics. Ask them to imagine and discuss what additional discrimination this person
might now face.
5. Discuss:
Bring participants back together and ask a spokesperson from each group to introduce the
person they have imagined and describe the multiple layers of discrimination that person might
face.
6. Discuss/Strategize:
Discuss what steps might be taken to end the kinds of discrimination these imaginary persons
face asking questions like these:
Are some kinds of discrimination harder to address than others? Which ones? Why?
Are some kinds of discrimination more harmful or painful than others?
Do some kinds of discrimination have more far-reaching effects than others?
What can be done to address multiple forms of discrimination experienced by people
with disabilities?
222
WHAT DOES INTERNATIONAL HUMAN RIGHTS LAW SAY
ABOUT THE RIGHTS OF PERSONS WITH DISABILITIES
whO eXPeRienCe MUltiPle DisCRiMinAtiOn?

The principle of non-discrimination is one of the most fundamental norms in human rights law.
The rights of persons who face discrimination on account of their particular status are well
recognized in human rights treaties. Indeed, the cornerstone of human rights protection as set
forth in the UN Charter is its non-discrimination provision, which provides that the UN shall
promote universal respect for, and observance of, human rights and fundamental freedoms
for all without distinction as to race, sex, language, or religion.
2
All major international human
rights conventions contain non-discrimination provisions and build upon the principle of non-
discrimination found in the UN Charter.
The Universal Declaration of Human Rights (UDHR) provides that:
Everyone is entitled to all the rights and freedoms set forth in [the UDHR]
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
3
4
contains a non-
discrimination clause mirroring that found in the UDHR, an equal rights provision between men
and women, as well as a provision guaranteeing to persons belonging to ethnic, religious or
linguistic minorities the rights, in community with other members of their group, to enjoy their
own culture, to profess and practice their own religion, and to use their own language.
Specialized human rights conventions have been drafted in order to address in more detail
the rights of populations who may face additional barriers to the enjoyment of their rights
on account of their membership in a minority or particularly disadvantaged group. These
include, for example, the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW),
5
the Convention on the Elimination of All Forms of Racial
Discrimination (CERD),
6
the Convention on the Rights of the Child (CRC),
7
and the
Convention on the Rights of Migrant Workers.
8
The rights of indigenous people are
addressed in Convention concerning Indigenous and Tribal Peoples in Independent
Countries (ILO No. 169)
9
, as well as the Declaration on Rights of Indigenous Peoples
10

adopted by the UN General Assembly in September 2007. Other population groups are
similarly pressing for greater recognition of their human rights through the adoption of
specialized conventions or non-binding instruments, including, for example, older persons.
2 http://www.un.org/aboutun/charter
3 http://www.unhchr.ch/udhr/lang/eng.htm
4 http://www.ohchr.org/english/law/ccpr.htm
5 http://www.ohchr.org/english/law/cedaw.htm
6 http://www.ohchr.org/english/law/cerd.htm
7 http://www.ohchr.org/english/law/crc.htm
8 http://www.ohchr.org/english/law/cmw.htm
9 http://www.ohchr.org/english/law/indigenous/htm
10 http://www.ohchr.org/english/issues/indigenous/docs/draftdeclaration.pdf
223
The CRPD, in addition to recognizing and defning in some detail the discrimination that people
with disabilities face on account of their disability, also recognizes that persons with disabilities
may belong to sub-groups who face additional discrimination, beyond disability-based
discrimination. Such persons may therefore be doubly disadvantaged and face additional
barriers to their full enjoyment of human rights. The CRPD, in its Preamble, recognizes:
The diversity of persons with disabilities
The reality that some persons with disabilities require intensive supports and may
therefore face additional barriers to their full enjoyment of human rights
That certain sub-groups of persons with disabilities may be subjected to multiple or
aggravated forms of discrimination on the basis of race, color, sex, language, religion,
political or other opinion, national, ethnic, indigenous or social origin, property, birth, age
or other status
That persons with disabilities often live in poverty and that this status creates additional
barriers for the full enjoyment of human rights.
All of the human rights set forth in the CRPD apply to all persons with disabilities, whatsoever
their minority group membership, social situation or life circumstance of any kind. All of the
general principles in the CRPD support a framework of human rights protection that was
clearly intended by the drafters to cover all groups of persons with disabilities, whether or not
they are expressly mentioned in the CRPD. Article 3 (General Principles) is accordingly an
important tool for persons with disabilities who may experience multiple forms of discrimination
to use in their advocacy. Several of the principles in Article 3 are of particular note:
The principle of non-discrimination: meaning that both disability discrimination and
discrimination on other grounds are prohibited.
The principle of full and effective participation and inclusion in society: meaning that all
persons with disabilities, whatever their minority or other status or circumstance are entitled to
participate fully in their community and in decision-making where their interests are affected.
The principle of respect for difference and acceptance of persons with disabilities as
part of human diversity and humanity: meaning that diversity in humankind, whether based
on disability or other attribute, are to be respected and valued.
The principle of equality of opportunity: meaning that all persons with disabilities are
entitled to equality of opportunity, whatever their minority or other status or circumstance.
The principle of equality between men and women: recognizing that persons with
disabilities, whether men or women, are entitled to equality and providing an explicit basis on
which to challenge double discrimination based on disability and sex.
The principle of respect for the evolving capacities of children with disabilities and
respect for the right of children with disabilities to preserve their identities: recognizing
the rights of the child and the issue of discrimination based on disability and age.
224
EXERCISE 17.2: What Rights of Persons with Disabilities Who
Experience Multiple Discrimination Does the CRPD Affrm?
Objective: To review and understand the rights of persons with disabilities who experience
multiple discrimination
Time: 30 minutes
1. Review:
Divide the participants into small groups. Ask each group to work together to paraphrase the
paragraphs in the CRPD Preamble in common language and give some examples of how
those provisions can help disadvantaged groups of persons with disabilities enjoy their human
rights.
2. Paraphrase:
Read the CRPD sections above aloud and pause at each comma or natural section to ask
different groups for their paraphrase. Discuss the meaning of each section until everyone can
agree on a paraphrase. Write the fnal paraphrase on chart paper.
3. Give examples:
Ask for examples of how these provisions in CRPD could be enjoyed and make a difference
for different groups of persons with disabilities who may experience multiple forms of
discrimination.
4. Discuss:
How can these articles of the CRPD be used to set national disability rights agendas and
makers?
PARTICIPATION IN DEVELOPMENT DECISION-MAKING FOR
PERSONS WITH DISABILITIES LIVING IN POVERTY
Poverty is a status that leads to multiple disadvantage on many fronts. The United Nations
estimates that one person in twenty has a disability, and that more than more than 75% of
people with disabilities live in a developing country.
11
People with disabilities tend to be among
the poorest of the poor. According to World Bank estimates, one of every fve of the worlds
poorest persons is disabled.
12
Unfortunately, the multitude of barriers that limit the access of
people with disabilities to education, employment, housing, health care and rehabilitation,
transportation and recreation also serve to limit their participation in development planning
decisions that could improve their lives. Ensuring the full participation of people with disabilities
in the planning, design, implementation and evaluation of development programs is essential
in order to ensure the success of poverty reduction strategies. Disabled peoples organizations
and their allies are working to ensure that international development becomes more inclusive
of the voices and needs of people with disabilities.
11 Helander, E. Prejudice and Dignity; an introduction to community based rehabilitation. UNDP, 1992.
12 Elwan, Ann. Poverty and Disability; a background paper for the World Development Report, World Bank,
October 1999.
225
Including people with disabilities in development decision-making is critical to achieving
the promise of poverty reduction and responsible development. The CRPD recognizes that
development processes need to take into account disability issues. Article 33 stresses the
important role of international cooperation for realizing the rights of people with disabilities
and calls on States to take measures [e]nsuring that international cooperation, including
international development programs, is inclusive of and accessible to persons with disabilities.
International development organizations tend to emphasize that the participation of the people
most directly affected by a development project must have the opportunity to participate in its
planning from its earliest stage. All too often people with disabilities are left out of these efforts.
The World Bank and other development actors are currently addressing this exclusion and are
trying to ensure that people with disabilities participate in the various forms of development
at the planning stage (see text box). It will take the active efforts of disabled peoples
organizations to ensure that inclusive development is a reality.
EXERCISE 17.3: Speaking Out for Participation and Inclusion in
Development Decision-making
Objective: To examine the right of people with disabilities to participate in development
decision-making
Time: 60+ minutes
1. Brainstorm:
Ask participants to list areas where they experience barriers in participating in development
decision-making in their community (e.g., with international development organizations, with
local governments, with community leaders, with religious leaders). Divide participants into
small groups and ask each group to choose an area of exclusion from development decision-
making on which they wish to concentrate (e.g., planning of a development project, purchase
of inaccessible buses, or policies on health, social welfare, or education).
2. Plan:
Ask each group to prepare a fve-minute presentation to a panel of community development
leaders on their problem. Each presentation should
Describe the exclusion of people with disabilities in a specifc development decision-
making process and identify the group of people with disabilities that it impacts and if
possible the cause(s) of the problem.
Relate the problem to the human rights of people with disabilities
Clarify how the problem affects the lives of people with disabilities (and their families
where relevant).
Show how addressing the problem can improve their lives.
Propose specifc actions that should be taken to address the problem.
Show how members of the community can get involved in addressing the problem.
Ask each group to choose a spokesperson to make the presentation and one or two to serve
as the panel of community development leaders. While the groups plan their presentations,
the panel of leaders meets to decide on their roles, representing probable attitudes within the
community leadership.
226
3. Role Play:
The spokesperson from each group makes a presentation and members of the panel listen
and respond, asking questions and offering comments, objections or suggestions in keeping
with their chosen roles.
4. Discuss:
After the presentations and role play, discuss:
How did the spokespersons feel when presenting the problem?
How did the community leaders respond to the presentation? What attitudes in the
community were they representing?
How did the audience, composed of the rest of the group, respond to the presentations?
Did any spokesperson discuss the problem as a human rights violation? Did putting the
problem in this context strengthen the argument?
Are any of the ideas put forward feasible in your community? Why or why not?
5. Conclude:
Challenge the participants to evaluate their knowledge of the problem and inclusiveness of
perspective:
How did you obtain your information on the barriers to participation and their impact?
Was it accurate and complete? If not, what additional information does you need and
how can you obtain it?
Did you consult the people with disabilities involved about problem and how it affects
them? About the actions that could improve the problem?
Why is it important in real-life human rights advocacy to include the active participation
of those directly involved and affected?
How can you apply the example of this exercise to planning and implementing advocacy
for people with disabilities in your community?
PRSPs and Inclusive Development
The term Poverty Reduction Strategy Paper (PRSP) refers to an important development
document devised by the World Bank and the International Monetary Fund in 1999 in
order to help low-income, highly indebted countries to formulate a national plan on how
to reduce poverty in their country and improve living conditions. Once a country has
adopted a national PRSP, it may apply for debt relief from the World Bank, the IMF and
donor countries, and may gain access to new credits, loans and grants for development
projects. The PRSP provides an important roadmap for development and sets priorities for
target actions to reduce poverty. This tool and others like it are used by many international
development partners. The process by which PRSPs are developed are intended to be
highly participatory and include a wide range of country stakeholders. A key principle of
the process is the active involvement of civil society in the formulation, implementation,
and evaluation of a countrys national poverty reduction strategy. Unfortunately people
with disabilities have too often been left out of this important process. The World Bank is
working with disability organizations to improve the participation of persons with disabilities
in development decision-making.
13

13 Making PRSP Inclusive. Jan. 2006. Handicap International Christoffel-Blindenmission.
http://siteresources.worldbank.org/DISABILITY/Resources/280658-1172608138489/
MakingPRSPInclusive.pdf
227
EXERCISE 17.4: Making a Commitment to Promote the Rights of People
with Disabilities Who Experience Multiple Discrimination
Ask if after learning about the human rights of people with disabilities who experience
multiple forms of discrimination, the group is ready to think about taking concrete action.
the human rights of people with disabilities who experience multiple discrimination.
ADDITIONAL RESOURCES ON THE HUMAN RIGHTS OF OTHER
POPULATIONS OF PERSONS WITH DISABILITIES
Children and Disability: http://www.un.org/esa/socdev/enable/comp501.htm
DFID, Disability, Poverty and Development:
http://www.dfd.gov.uk.pubs/fles/disability.pdf
Ethnic Minorities and Disability: http://www.un.org/esa/socdev/enable/comp507.htm
Global Action on Aging: http://www.globalaging.org
HelpAge International: http://www.helpage.org/Home
Indigenous People and Disability: http://www.un.org/esa/socdev/enable/comp506.htm
International Work Group for Indigenous Affairs: http://www.iwgia.org
Migrant Workers and Disability: http://www.un.org/esa/socdev/enable/comp509.htm
Older Persons and Disability: http://www.un.org/esa/socdev/enable/comp503.htm
People Living in Poverty and Disability:
http://www.un.org/esa/socdev/enable/comp508.htm
People Living with HIV/AIDS and Disability:
Refugees and Disability: http://www.un.org/esa/socdev/enable/comp505.htm
World Bank, HIV/AIDS and Disability: Capturing Hidden Voices, Report of the World
Bank Yale University Global Study on HIV/AIDS and Disability. (Washington, DC, 2004):
http://cira.med.yale.edu/globalsurvey/
Women and Disability: http://www.un.org/esa/socdev/enable/comp/504.htm
PART 3: ADVOCACY! TAKING ACTION FOR THE HUMAN RIGHTS OF PEOPLE WITH DISABILITIES 229
PART 3:
ADVOCACY!
TAKING ACTION FOR THE HUMAN RIGHTS
OF PEOPLE WITH DISABILITIES
PART 3 CONTENTS:
Advocacy and Action.230
Action Plans232
Steps Toward Advocacy232
230
PART 3: ADVOCACY!
TAKING ACTION FOR THE HUMAN RIGHTS
OF PEOPLE WITH DISABILITIES
CONTINUING YOUR START: ADVOCACY AND ACTION
Advocacy is action to create positive change. It usually involves many people and/or
organizations working together toward a shared vision for change.
The best advocates for disability rights are self-advocates, people with disabilities themselves.
It takes the active and collaborative efforts of persons with disabilities and their allies to ensure
that their human rights are respected and to effectively create social change.
ESSENTIALS OF ADVOCACY
Awareness of Rights
Awareness of Self
Action
AWARENESS OF RIGHTS
All people should be aware of their rights and liberties! The frst two parts of this manual are
intended to make you aware of the human rights that persons with disabilities are entitled
to under international law, as affrmed by the Convention on the Rights of Persons with
Disabilities (CRPD). Persons with disabilities and their allies need to be able to analyze and
navigate the social and political environment within which they live from this human rights
perspective. Such awareness increases consciousness and mobilizes people to take action, to
advocate against discrimination, and to fght for the rights to which they are entitled.
Using a Human Rights Approach for Advocacy
A rights-based approach to disability regards the limitations placed on people
with disabilities by their social and physical environments as a violation of their
fundamental human rights. A right-based approach can transform the needs of
people with disabilities into rights they can claim and advocate.
AWARENESS OF SELF
Self-knowledge and effective communication are key to becoming strong self-advocates.
Persons with disabilities need to know their own strengths and needs, and have the ability to
effectively communicate those needs when advocating for their rights. Like any skill, advocacy
must be practiced and, as a result, it improves with time. Practice explaining what you need in
order to access your community and enjoy your rights.
ACTION
Awareness does not create change. ACTION does!
You now have the knowledge and are building the skills to advocate successfully for your
rights. Commitment is essential to taking action. Start with small attainable steps. Participation
in disability organizations can help. It can provide an important environment to practice
advocacy skills and promote a sense of belonging, identity, and connection to others who
share similar life experiences.
Advocacy can be used for many purposes: for personal needs, for the needs of others with
disabilities, or for the needs of the disability community as a whole. Advocacy can take place at
many levels too: locally, nationally, and internationally. Examples of advocacy actions include:
Educational Action
Educating ourselves: gathering the information we need to understand the issue and
analyzing what we have learned;
Educating others: drawing the attention of allies and the general public to an issue that
needs to be addressed and showing how we want to create change;
Changing attitudes: addressing stereotypes and misconceptions about a particular
issue and about people with disabilities generally.
Political Action
Addressing policy-makers: infuencing them to consult with and include the concerns
of people with disabilities when making public policies;
Addressing law-makers: lobbying for supports and fulfllment of the human rights of
people with disabilities;
Addressing public offcials: pressuring for enforcement of laws and policies that
respect and protect the human rights of people with disabilities;
Social and community service providers: effectively communicating for service
delivery. For example: navigating the service delivery system through communication
with bankers, grocers, social workers, and/or medical professionals.
Legal Action
Creating new law: participating in advocacy for new laws on disability rights and taking
part in the drafting of such laws. For example: advocating for comprehensive disability
rights legislation consistent with international law, including the CRPD.
Repealing negative law: taking action to repeal laws that stand in the way of the
enjoyment of disability rights. For example: advocating to repeal discriminatory marriage
laws that bar people with disabilities from exercising their right to marry.
232
Working to implement disability rights law: For example: Taking action to highlight
non-compliance with accessibility standards in new building construction, or training
employers on how to provide reasonable accommodations to employees with
disabilities.
Advocacy benefts from the collective action of individuals and groups working together to
achieve a shared goal. Wise advocates recognize that creating lasting change takes time,
especially when old attitudes and habits must be overcome. They plan and commit themselves
to a sustainable, long-term effort, but they also set short-term goals and benchmarks.
Celebrate your achievements together and take care to nurture your shared vision and working
relationships.
ACTION PLANS
Working collaboratively, people can create action plans that take advantage of the skills and
resources each partner, whether it be another individual or an organization, has to contribute.
Partners also regularly evaluate their plan in light of successes and failures, as well as
unfolding events and opportunities.
Action planning can be simple, just remember the WH questions:
What? For example: What type of issue is the group addressing? What type of actions
are necessary?
Who? For example: Who will take action?
When? For example: When will the action be complete?
Where?
Why and/or how? For example: How will you obtain the fnancial, material, and/or
human resources that may be needed to take action?
Asking these questions will make sure that everybody understands what is going to happen
next. The next step in action planning is making sure that the plan is feasible and reasonable.
Once you complete the action, it is important to follow-up with additional questions:
When was the action taken?
What happened as a result of the action?
What are your next steps?
STEPS TOWARD ADVOCACY
STEP 1: DEFINE THE CHANGE YOU WANT TO MAKE (30 minutes)
1. Discuss/List:
What are the main issues or barriers to the human rights of people with disabilities in
your community? Brainstorm a list and record it on chart paper.
If you could create change on any one of these issues or barriers, which would make
the most difference in the lives of people with disabilities? Mark these with a star.
2. Analyze:
Ask participants to break into small groups according to the starred items that they would most
like to work on. If many people want to work on the same issue or barrier, encourage several
small groups rather than a single large one.
Give each group a question sheet to guide their discussions.
Handout 1
Defning the Change You Want to Make
1. What is the specifc change you wish to bring about? Write this in a few sentences
on chart paper.
2. Does this change involve having the right
Respected (that is, having the right recognized, stopping people and
institutions from denying or limiting the right)?
Protected (that is, having law and measures to ensure the right is not violated
and prevent its violation)?
Fulflled (that is, given suffcient recognition, funding, and other positive acts
that enable and assist enjoyment of that right)?
3. Analyze possible underlying causes of the situation you wish to change. Look at
each from as many perspectives as you can imagine. For example:
Attitudes
Laws
Society
Religion and culture
Government
Health care system
Individuals and families
Other perspectives?
4. Of the underlying causes identifed for each challenge, which seem to be the most
signifcant?
3. Report:
Ask each group to post and briefy explain their analysis of the change they wish to make. Ask
for comments and suggestions from the whole group.

234
STEP 2: ARTICULATING THE CHANGE YOU WANT TO MAKE (2 hours)
1. Plan:
Once you have a clear vision of the change you want to make, you need to develop the skills to
communicate your vision articulately and convincingly to others, both potential supporters and
opponents.
Ask each group to prepare a fve-minute presentation to a panel of community leaders on their
chosen problem. Each presentation should try to include most of the following points
Note to Facilitator: Allow plenty of time for planning and practice. Emphasize that although some
members of the group may naturally be better public speakers, everyone should participate in
the planning and be able to explain their vision for change.
Handout 2
Articulating the Change You Want to Make
1. Describe the problem. If possible mention
how this problem may intersect with other kinds of human rights violations
many people with disabilities experience;
the group(s) of people with disabilities it principally affects;
the possible cause(s) of the problem.
2. Relate the problem to the human rights of people with disabilities, referring to
specifc articles of the CRPD and if possible to other human rights documents.
3. Clarify how the problem affects the lives of people with disabilities (and their
families where relevant).
4. Show how addressing the problem can improve the lives of people with disabilities
and the community in general.
5. Propose specifc actions that should be taken to address the problem.
6. Show how members of the community can get involved in addressing the
problem.
Ask each group to choose one or two spokespersons to make the presentation and two
or three to serve as the panel of community leaders. While the groups practice their
presentations, the panel of leaders meets to decide on their roles, representing probable
attitudes within the community leadership (for example, a hostile mayor, a supportive
community leader, a religious authority). Alternatively, ask one or two people from each group
to come together to form the panel for all presentations.
2. Role Play:
The spokesperson(s) from each group makes a presentation and members of the panel listen
and respond, asking questions and offering comments, objections or suggestions in keeping
with their chosen roles.
Note to Facilitator: Time the presentations carefully: most presenters have diffculty flling the full
fve minutes. Also limit the panels responses in order for all groups to have suffcient time.
3. Discuss:
After the presentations and role play, discuss:
How did the spokespersons feel when presenting the problem?
How did the community leaders respond to the presentation? What attitudes in the
community were they representing?
How did the audience, composed of the rest of the group, respond to the presentations?
Did any spokesperson discuss the problem as a human rights violation? Did putting the
problem in this context strengthen the argument?
Are these ideas for improving this specifc right feasible in your community? Why or why
not?
4. Conclude:
Challenge the participants to evaluate their knowledge of the problem and inclusiveness of
perspective:
How would you change your presentation in a real-life situation?
How did you obtain your information on the barriers to participation and their impact?
Was it accurate and complete? If not, what additional information do you need and how
can you obtain it?
Did you consult the people with disabilities involved about the problem and how it affects
them? About the actions that could improve the problem?
Why is it important in real-life human rights advocacy to include the active participation of
those directly involved and affected?
How can you apply the lessons learned from this exercise to planning and implementing
advocacy for people with disabilities in your own community?
Emphasize that while articulating your vision for change is a critical skill for effective advocacy,
it is also one that develops through practice. The more you do it, the better you get. Encourage
participants to make and take opportunities to speak out about the change they want to make.
Note to Facilitator: If the technology is available, arrange to video the presentations and let the
speakers privately critique their performances.
STEP 3: PREPARING FOR ACTION
A. Conducting a SWOT Analysis (45 minutes)
Now that you have articulated the change you want to make, analyze it in terms of your and
your organizations strengths, weaknesses, opportunities, and threats. Write down answers to
the following questions. Where appropriate feel free to modify questions:
236
Strengths:
What are your advantages?
What do you do well?
What do other people see as your strengths?
What unique resources do you have?
Consider strengths from your organizations and/or your personal point of view and from the
point of view of the people you deal with. Do not be modest: be realistic!
Weaknesses:
What could you improve?
What do you do badly?
What should you avoid?
Where do you have fewer resources than others?
What are others likely to see as your weaknesses?
Again, consider this from an internal and external basis: do other people seem to perceive
weaknesses that you do not see? It is best to be realistic now and face any unpleasant truths
as soon as possible.
Opportunities:
What are the good opportunities facing you?
What are the interesting trends you are aware of?
Who are your potential allies?
Threats:
What obstacles do you face?
Does your group have all the required skills for the job?
Do competitors or opponents already exist?
1
B. Surveying the Field
1. Consider these questions about your present and future work:
On which of these challenges are you or others already working to change? How?
Does your work address the underlying causes of the situation? How?
Which of the identifed challenges might be easily added to existing work being done by
or on behalf of people with disabilities? Why?
Would some of these challenges for people with disabilities be especially diffcult,
disadvantageous, or even dangerous to address? Why?
2. Consider these questions about allies and potential allies:
Who are the most likely allies to support your action? Why?
Do you share the same goals?
How can your work and theirs complement and support each other?
What do you and/or your organization have to offer the collaboration?
What do you and/or your organization have to gain from the collaboration?
Are there potential problems with collaboration with any group?
How can you establish this collaboration?
1 Source: Mind Tools: http://www.mindtools.com/swot.html
C. Gathering Information
1. What statistics are available about people with disabilities in your community, your country,
and in the world (for example, their numbers, ages, income levels, etc.)?
What additional statistics do you need to take action?
2. What laws and offcial policies does your country have that directly affect people with
disabilities?
Do you consider these laws and policies to be adequate and effective?
Do they adequately protect the rights of people with disabilities?
Are these laws and policies consistently enforced and implemented? If not, why not?
Are further laws needed? If so, what new laws would you recommend?
3. Has your country ratifed and is thus legally bound to uphold any of the international
human rights treaties affecting people with disabilities? For more information on ratifcation,
see the Disabled Peoples International Ratifcation Toolkit: http://www.icrpd.net/ratifcation/
en/index.htm.
4. Has your country ratifed the Convention on the Rights of Persons with Disabilities (CRPD)?
If no, why not? What can you do to change this decision?
If yes, what steps has your government already taken in that direction?
Are any groups in your country already advocating ratifcation of the CRPD? What are
they doing? How can you help?
5. Does your country have a national human rights commission and/or a national disability
commission?
2
For more information on implementation, see the Disabled Peoples
International Implementation Toolkit: http://www.icrpd.net/implementation/en/index.htm
6. Are these institutions part of the government or independent of it, that is, part of civil
society?
What, if anything, are these institutions doing to improve human rights and/or the lives
of people with disabilities?
How can you work with these institutions to see that human rights standards are
enforced for people with disabilities?
Find out what government ministries and agencies are working on the rights and needs
of people with disabilities. Do they have disability policies and/or disability focal points?
Are any of these governmental bodies especially encouraging or discouraging of
advocacy on the rights of people with disabilities?
2 CRPD, Article 33, obligates States Parties to designate one or more focal points within government, and
maintain, strengthen, designate or establish one or more independent mechanisms to promote, protect
and monitor implementation of the Convention. Persons with disabilities and their representative organi-
zations must be involved and participate fully in the monitoring process.
238
STEP 4: MAKING YOUR ACTION PLAN
Now that you have gone through Steps 1-3, choose and complete an action planning form
(pages 240-242). Choose or create one most suitable to your group and specifc action. You
may wish to have one action plan for actions aimed at long term goals and several others for
individual, short-term actions. Remember to include a section on follow-up and evaluation.
Congratulations! You have now completed the following steps:
STEP 1: DEFINING THE CHANGE YOU WANT TO MAKE
STEP 2: ARTICULATING THE CHANGE YOU WANT TO MAKE
STEP 3: PREPARING FOR ACTION
STEP 4: MAKING YOUR ACTION PLAN
Now it is time for:
STEP 5: TAKING ACTION
Follow your action plan and use the skills youve gained to clearly address social change no
matter how small the step. Give yourself a reasonable amount of time to accomplish your goal
and set a date to follow-up.
STEP 6: FOLLOWING-UP
Once you have begun to take action, reconnect with your group regularly. Communicate the
successes or challenges you faced when taking action. Review the following questions:
1. Did you follow the action plan? What successes did you have? What challenges did you
encounter?
2. If you met your goal:
What factors contributed to your success?
How can you build on this success?
Should you repeat this strategy?
3. If your goal was not met:
What revisions need to be made to the action plan?
Does additional research need to be completed?
Are additional resources needed?
4. What are your next steps for action?
Do you have another action to take?
It is important to monitor and keep track of your actions. Record your progress on the action
planning forms and celebrate your successes!
Working and advocating in concert with one another as individuals or organized groups is the
most effective way to create social change. Collaborative work can be challenging. It requires
working through confict to achieve a consensus or agreement, but it is vital to enabling the
human rights and fundamental freedoms of all.
Remember:
A small group of thoughtful people could change the world. Indeed, its the only
thing that ever has. Margaret Mead
240
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Advocacy Action Plan Template

We recommend completing one Action Plan per meeting per group
Action Group: Date:
Change to Make:
Specifc Actions:
By Whom: By When:
Resources Needed:
Date Action Taken: Follow-up:
Instructions
Change What type of change do you want to make?
Actions What types of actions are necessary?
By Whom Who will take action?
By When By what date will the action be done?
Resources Needed What fnancial, material, and human resources are needed to take
action?
Date Action Taken When was the action taken?
Follow-up What happened as a result of the action? Next steps?
Goals should always be:
S Specifc M Measurable A Achievable R Realistic T Time Bound
1. Goal/Objective. Briefy describe each goal/objective and when the goal/objective
should be met or accomplished.
2. Measurement. How will the goal/objective be evaluated? Did you complete the action?
3. Importance. Rank the goal as Essential, Important, or Desirable as follows:
Essential required to access human rights
Important helpful for accessing human rights
Desirable asset for accessing human rights
242
1
st
Goal/Objective
Description:

Measurement:

Importance: Essential Important Desirable
2
nd
Goal/Objective
Description:

Measurement:

3
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Goal/Objective
Description:

Measurement:

243 ANNEXES
ANNEXES
ANNEX CONTENTS:
1. Human Rights Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Full-Text Universal Declaration of Human Rights (UDHR). . . . . . . . . 244
Plain Language UDHR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Summary UDHR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Full-Text Convention on the Rights of Persons with
Disabilities (CRPD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Plain Language CRPD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Summary CRPD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
List of Human Rights Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
2. Facilitating Human Rights Education . . . . . . . . . . . . . . . . . . . . . . . . . 291
3. Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
4. Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
5. Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
244
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Adopted and proclaimed by General Assembly Resolution 217 A (III) of 10 December 1948
On December 10, 1948 the General Assembly of the United Nations adopted and
proclaimed the Universal Declaration of Human Rights, the full text of which appears in
the following pages. Following this historic act the Assembly called upon all Member
countries to publicize the text of the Declaration and to cause it to be disseminated,
displayed, read and expounded principally in schools and other educational
institutions, without distinction based on the political status of countries or territories.
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion
against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffrmed their faith in fundamental
human rights, in the dignity and worth of the human person and in the equal rights of men and
women and have determined to promote social progress and better standards of life in larger
freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and fundamental
freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,
Now, therefore, the General Assembly
Proclaims this Universal Declaration of Human Rights as a common standard of achievement
for all peoples and all nations, to the end that every individual and every organ of society,
keeping this Declaration constantly in mind, shall strive by teaching and education to promote
respect for these rights and freedoms and by progressive measures, national and international,
to secure their universal and effective recognition and observance, both among the peoples of
Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory
to which a person belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.
245 ANNEXES
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection
of the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for his
defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each
state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
246
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
247 ANNEXES
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible
to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientifc advancement and its benefts.
(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientifc, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations
as are determined by law solely for the purpose of securing due recognition and respect for
the rights and freedoms of others and of meeting the just requirements of morality, public order
and the general welfare in a democratic society.
248
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.
249 ANNEXES
(Plain language version)
Article 1, Right to equality:
You are born free and equal in rights to every other human being. You have the ability to think
and to tell right from wrong. You should treat others with friendship.
Article 2, Freedom from discrimination:
You have all these human rights no matter what your race, skin colour, sex, language, religion,
opinions, family background, social or economic status, birth or nationality.
Article 3, Right to life, liberty and personal security:
You have the right to live, to be free and to feel safe.
Article 4, Freedom from slavery:
Nobody has the right to treat you as a slave, and you should not make anyone your slave.
Article 5, Freedom from torture and degrading treatment:
Nobody has the right to torture, harm or humiliate you.
Article 6, Right to recognition as a person before the law:
You have a right to be accepted everywhere as a person according to law.
Article 7, Right to equality before the law:
You have a right to be protected and treated equally by the law without discrimination of any
kind.
Article 8, Right to remedy by capable judges:
If your legal rights are violated, you have the right to fair and capable judges to uphold your
rights.
Article 9, Freedom from arbitrary arrest and exile:
Nobody has the right to arrest you, put you in prison or to force you out of your country without
good reasons.

Article 10, Right to fair public hearing:
If you are accused of a crime, you have the right to a fair and public hearing.
Article 11, Right to be considered innocent until proven guilty:
1) You should be considered innocent until it can be proved in a fair trial that you are guilty.
2) You cannot be punished for doing something that was not considered a crime at the time
you did it.
Article 12, Freedom from interference with privacy, family, home and correspondence:
You have the right to be protected if someone tries to harm your good name or enter your
house, open your letters or email or bother you or your family without good reason.
Article 13, Right to free movement:
1) You have the right to come and go as you wish within your country.
250
2) You have the right to leave your country to go to another one, and you should be able to
return to your country if you want.
Article 14, Right to protection in another country:
1) If someone threatens to hurt you, you have the right to go to another country and ask for
protection as a refugee.
2) You lose this right if you have committed a serious crime.
Article 15, Right to a nationality and the freedom to change it:
1) You have the right to belong to a country and have a nationality.
2) No one can take away your nationality without a good reason. You have a right to change
your nationality if you wish.
Article 16, Right to marriage and family:
1) When you are legally old enough, you have the right to marry and have a family without any
limitations based on your race, country or religion. Both partners have the same rights when
they are married and also when they are separated.
2) Nobody should force you to marry.
3) The family is the basic unit of society, and government should protect it.
Article 17, Right to own property:
1) You have the right to own things.
2) Nobody has the right to take these things from you without a good reason
Article 18, Freedom of thought, conscience and religion:
You have the right to your own thoughts and to believe in any religion. You are free to practice
your religion or beliefs and also to change them.
Article 19, Freedom of opinion and information:
You have the right to hold and express your own opinions. You should be able to share
your opinions with others, including people from other countries, through any means of
communication.
Article 20, Right to peaceful assembly and association:
1) You have the right to meet peacefully with other people.
2) No one can force you belong to a group.
Article 21, Right to participate in government and elections:
1) You have the right to participate in your government, either by holding an offce or by
electing someone to represent you.
2) You and every one have the right to serve your country.
3) Governments should be elected regularly by fair and secret voting.
Article 22, Right to social security:
The society you live in should provide you with social security and the rights necessary for your
dignity and development.
Article 23, Right to desirable work and to join trade unions:
1) You have the right to work, to choose your work and to work in good conditions.
2) People who do the same work should get the same pay.
3) You should be able to earn a salary that allows you to live and support your family.
4) All people who work have the right to join together in unions to defend their interests.
251 ANNEXES
Article 24, Right to rest and leisure:
You have the right to rest and free time. Your workday should not be too long, and you should
be able to take regular paid holidays.
Article 25, Right to adequate living standard:
1) You have the right to the things you and your family need for your health and well-being,
including food, clothing, housing, medical care and other social services. You have a right to
help if you are out of work or unable to work.
2) Mothers and children should receive special care and help.
Article 26, Right to education:
1) You have the right to go to go to school. Primary schooling should be free and required. You
should be able to learn a profession or continue your studies as far as you can.
2) At school, you should be able to develop all your talents and learn to respect others,
whatever their race, religion or nationality.
3) Your parents should have a say in the kind of education you receive.
Article 27, Right to participate in the cultural life of community:
1) You have the right to participate in the traditions and learning of your community, to enjoy
the arts and to beneft from scientifc progress.
2) If you are an artist, writer or scientist, your work should be protected and you should be
able to beneft from it.
Article 28, Right to a social order:
You have a right to the kind of world where you and all people can enjoy these rights and
freedoms.
Article 29, Responsibilities to the community
1) Your personality can only fully develop within your community, and you have responsibilities
to that community.
2) The law should guarantee human rights. It should allow everyone to respect others and to
be respected.
3) These rights and freedoms should support the purposes and principles of the United
Nations.
Article 30, Freedom from interference in these human rights:
No person, group or government anywhere in the world should do anything to destroy these
rights.
Source: Compasito - manual on human rights education for children (Council of Europe, 2007).
252
Article 1
Right to Equality

Article 2
Freedom from Discrimination
Article 3
Right to Life, Liberty, and Personal Security

Article 4
Freedom from Slavery
Article 5
Freedom from Torture and Degrading Treatment
Article 6
Right to Recognition as a Person before the Law
Article 7
Right to Equality before the Law
Article 8
Right to Remedy by Competent Tribunal
Article 9
Freedom from Arbitrary Arrest and Exile
Article 10
Right to Fair Public Hearing
Article 11
Right to be Considered Innocent until Proven
Guilty
Article 12
Freedom from Interference with Privacy, Family,
Home and Correspondence
Article 13
Right to Free Movement in and out of the Country
Article 14
Right to Asylum in other Countries from
Persecution
Article 15
Right to a Nationality and the Freedom to Change
It
Article 16
Right to Marriage and Family
Article 17
Right to Own Property
Article 18
Freedom of Belief and Religion
Article 19
Freedom of Opinion and Information
Article 20
Right of Peaceful Assembly and Association
Article 21
Right to Participate in Government and in Free
Elections
Article 22
Right to Social Security
Article 23
Right to Desirable Work and to Join Trade Unions
Article 24
Right to Rest and Leisure
Article 25
Right to Adequate Living Standard
Article 26
Right to Education
Article 27
Right to Participate in the Cultural Life of
Community
Article 28
Right to a Social Order that Articulates this
Document
Article 29
Community Duties Essential to Free and Full
Development
Article 30
Freedom from State or Personal Interference in
the above Rights
(Summary)
253 ANNEXES
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
(Adopted by the UN General Assembly 13 December 2006;
opened for signature 30 March 2007)
Preamble
The States Parties to the present Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations which recognize the
inherent dignity and worth and the equal and inalienable rights of all members of the human
family as the foundation of freedom, justice and peace in the world,
(b) Recognizing that the United Nations, in the Universal Declaration of Human Rights and in
the International Covenants on Human Rights, has proclaimed and agreed that everyone is
entitled to all the rights and freedoms set forth therein, without distinction of any kind,
(c) Reaffrming the universality, indivisibility, interdependence and interrelatedness of all human
rights and fundamental freedoms and the need for persons with disabilities to be guaranteed
their full enjoyment without discrimination,
(d) Recalling the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child,
and the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families,
(e) Recognizing that disability is an evolving concept and that disability results from the
interaction between persons with impairments and attitudinal and environmental barriers that
hinders their full and effective participation in society on an equal basis with others,
(f) Recognizing the importance of the principles and policy guidelines contained in the
World Programme of Action concerning Disabled Persons and in the Standard Rules on
the Equalization of Opportunities for Persons with Disabilities in infuencing the promotion,
formulation and evaluation of the policies, plans, programmes and actions at the national,
regional and international levels to further equalize opportunities for persons with disabilities,
(g) Emphasizing the importance of mainstreaming disability issues as an integral part of
relevant strategies of sustainable development,
(h) Recognizing also that discrimination against any person on the basis of disability is a
violation of the inherent dignity and worth of the human person,
(i) Recognizing further the diversity of persons with disabilities,
(j) Recognizing the need to promote and protect the human rights of all persons with
disabilities, including those who require more intensive support,
(k) Concerned that, despite these various instruments and undertakings, persons with
disabilities continue to face barriers in their participation as equal members of society and
violations of their human rights in all parts of the world,
254
(l) Recognizing the importance of international cooperation for improving the living conditions
of persons with disabilities in every country, particularly in developing countries,
(m) Recognizing the valued existing and potential contributions made by persons with
disabilities to the overall well-being and diversity of their communities, and that the promotion
of the full enjoyment by persons with disabilities of their human rights and fundamental
freedoms and of full participation by persons with disabilities will result in their enhanced sense
of belonging and in signifcant advances in the human, social and economic development of
society and the eradication of poverty,
(n) Recognizing the importance for persons with disabilities of their individual autonomy and
independence, including the freedom to make their own choices,
(o) Considering that persons with disabilities should have the opportunity to be actively
involved in decision-making processes about policies and programmes, including those directly
concerning them,
(p) Concerned about the diffcult conditions faced by persons with disabilities who are subject
to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language,
religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth,
age or other status,
(q) Recognizing that women and girls with disabilities are often at greater risk, both within and
outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation,
(r) Recognizing that children with disabilities should have full enjoyment of all human rights and
fundamental freedoms on an equal basis with other children, and recalling obligations to that
end undertaken by States Parties to the Convention on the Rights of the Child,
(s) Emphasizing the need to incorporate a gender perspective in all efforts to promote the full
enjoyment of human rights and fundamental freedoms by persons with disabilities,
(t) Highlighting the fact that the majority of persons with disabilities live in conditions of poverty,
and in this regard recognizing the critical need to address the negative impact of poverty on
persons with disabilities,
(u) Bearing in mind that conditions of peace and security based on full respect for the purposes
and principles contained in the Charter of the United Nations and observance of applicable
human rights instruments are indispensable for the full protection of persons with disabilities, in
particular during armed conficts and foreign occupation,
(v) Recognizing the importance of accessibility to the physical, social, economic and cultural
environment, to health and education and to information and communication, in enabling
persons with disabilities to fully enjoy all human rights and fundamental freedoms,
(w) Realizing that the individual, having duties to other individuals and to the community to
which he or she belongs, is under a responsibility to strive for the promotion and observance of
the rights recognized in the International Bill of Human Rights,
(x) Convinced that the family is the natural and fundamental group unit of society and is
entitled to protection by society and the State, and that persons with disabilities and their
family members should receive the necessary protection and assistance to enable families to
contribute towards the full and equal enjoyment of the rights of persons with disabilities,
255 ANNEXES
(y) Convinced that a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities will make a signifcant contribution
to redressing the profound social disadvantage of persons with disabilities and promote
their participation in the civil, political, economic, social and cultural spheres with equal
opportunities, in both developing and developed countries,
Have agreed as follows :
Article 1, Purpose
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.
Persons with disabilities include those who have long-term physical, mental, intellectual
or sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others.
Article 2, Defnitions
For the purposes of the present Convention:
Communication includes languages, display of text, Braille, tactile communication, large
print, accessible multimedia as well as written, audio, plain-language, human-reader and
augmentative and alternative modes, means and formats of communication, including
accessible information and communication technology;
Language includes spoken and signed languages and other forms of non-spoken languages;
Discrimination on the basis of disability means any distinction, exclusion or restriction on
the basis of disability which has the purpose or effect of impairing or nullifying the recognition,
enjoyment or exercise, on an equal basis with others, of all human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other feld. It includes all forms
of discrimination, including denial of reasonable accommodation;
Reasonable accommodation means necessary and appropriate modifcation and adjustments
not imposing a disproportionate or undue burden, where needed in a particular case, to ensure
to persons with disabilities the enjoyment or exercise on an equal basis with others of all
human rights and fundamental freedoms;
Universal design means the design of products, environments, programmes and services
to be usable by all people, to the greatest extent possible, without the need for adaptation or
specialized design. Universal design shall not exclude assistive devices for particular groups
of persons with disabilities where this is needed.
Article 3, General principles
(a) Respect for inherent dignity, individual autonomy including the freedom to make ones own
choices, and independence of persons;
(b) Non-discrimination;
(c) Full and effective participation and inclusion in society;
(d) Respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity;
256
(e) Equality of opportunity;
(f) Accessibility;
(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.
Article 4, General obligations
1. States Parties undertake to ensure and promote the full realization of all human rights and
fundamental freedoms for all persons with disabilities without discrimination of any kind on the
basis of disability. To this end, States Parties undertake:
(a) To adopt all appropriate legislative, administrative and other measures for the
implementation of the rights recognized in the present Convention;
(b) To take all appropriate measures, including legislation, to modify or abolish existing
laws, regulations, customs and practices that constitute discrimination against persons with
disabilities;
(c) To take into account the protection and promotion of the human rights of persons with
disabilities in all policies and programmes;
(d) To refrain from engaging in any act or practice that is inconsistent with the present
Convention and to ensure that public authorities and institutions act in conformity with the
present Convention;
(e) To take all appropriate measures to eliminate discrimination on the basis of disability by any
person, organization or private enterprise;
(f) To undertake or promote research and development of universally designed goods,
services, equipment and facilities, as defned in article 2 of the present Convention, which
should require the minimum possible adaptation and the least cost to meet the specifc needs
of a person with disabilities, to promote their availability and use, and to promote universal
design in the development of standards and guidelines;
(g) To undertake or promote research and development of, and to promote the availability and
use of new technologies, including information and communications technologies, mobility
aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to
technologies at an affordable cost;
(h) To provide accessible information to persons with disabilities about mobility aids, devices
and assistive technologies, including new technologies, as well as other forms of assistance,
support services and facilities;
(i) To promote the training of professionals and staff working with persons with disabilities in
the rights recognized in this Convention so as to better provide the assistance and services
guaranteed by those rights.
2. With regard to economic, social and cultural rights, each State Party undertakes to take
measures to the maximum of its available resources and, where needed, within the framework
of international cooperation, with a view to achieving progressively the full realization of these
rights, without prejudice to those obligations contained in the present Convention that are
immediately applicable according to international law.
3. In the development and implementation of legislation and policies to implement the present
Convention, and in other decision-making processes concerning issues relating to persons
with disabilities, States Parties shall closely consult with and actively involve persons with
disabilities, including children with disabilities, through their representative organizations.
4. Nothing in the present Convention shall affect any provisions which are more conducive to
257 ANNEXES
the realization of the rights of persons with disabilities and which may be contained in the law
of a State Party or international law in force for that State. There shall be no restriction upon or
derogation from any of the human rights and fundamental freedoms recognized or existing in
any State Party to the present Convention pursuant to law, conventions, regulation or custom
on the pretext that the present Convention does not recognize such rights or freedoms or that
it recognizes them to a lesser extent.
5. The provisions of the present Convention shall extend to all parts of federal states without
any limitations or exceptions.
Article 5, Equality and non-discrimination
1. 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 beneft of the law.
2. 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.
3. In order to promote equality and eliminate discrimination, States Parties shall take all
appropriate steps to ensure that reasonable accommodation is provided.
4. Specifc measures which are necessary to accelerate or achieve de facto equality of
persons with disabilities shall not be considered discrimination under the terms of the present
Convention.
Article 6, Women with disabilities
1. States Parties recognize that women and girls with disabilities are subject to multiple
discrimination, and in this regard shall take measures to ensure the full and equal enjoyment
by them of all human rights and fundamental freedoms.
2. States Parties shall take all appropriate measures to ensure the full development,
advancement and empowerment of women, for the purpose of guaranteeing them the
exercise and enjoyment of the human rights and fundamental freedoms set out in the present
Convention.
Article 7, Children with disabilities
1. 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.
2. In all actions concerning children with disabilities, the best interests of the child shall be a
primary consideration.
3. 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.
Article 8, Awareness-raising
1. States Parties undertake to adopt immediate, effective and appropriate measures:
258
(a) To raise awareness throughout society, including at the family level, regarding persons with
disabilities, and to foster respect for the rights and dignity of persons with disabilities;
(b) To combat stereotypes, prejudices and harmful practices relating to persons with
disabilities, including those based on sex and age, in all areas of life;
(c) To promote awareness of the capabilities and contributions of persons with disabilities.
2. Measures to this end include:
(a) Initiating and maintaining effective public awareness campaigns designed:
(i) To nurture receptiveness to the rights of persons with disabilities;
(ii) To promote positive perceptions and greater social awareness towards persons with
disabilities;
(iii) To promote recognition of the skills, merits and abilities of persons with disabilities, and of
their contributions to the workplace and the labour market;
(b) Fostering at all levels of the education system, including in all children from an early age,
an attitude of respect for the rights of persons with disabilities;
(c) Encouraging all organs of the media to portray persons with disabilities in a manner
consistent with the purpose of the present Convention;
(d) Promoting awareness-training programmes regarding persons with disabilities and the
rights of persons with disabilities.
Article 9, Accessibility
1. 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. These measures, which shall include the identifcation and elimination of
obstacles and barriers to accessibility, shall apply to, inter alia:
(a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools,
housing, medical facilities and workplaces;
(b) Information, communications and other services, including electronic services and
emergency services.
2. States Parties shall also take appropriate measures to:
(a) Develop, promulgate and monitor the implementation of minimum standards and guidelines
for the accessibility of facilities and services open or provided to the public;
(b) Ensure that private entities that offer facilities and services which are open or provided to
the public take into account all aspects of accessibility for persons with disabilities;
(c) Provide training for stakeholders on accessibility issues facing persons with disabilities;
(d) Provide in buildings and other facilities open to the public signage in Braille and in easy to
read and understand forms;
(e) Provide forms of live assistance and intermediaries, including guides, readers and
professional sign language interpreters, to facilitate accessibility to buildings and other facilities
open to the public;
(f) Promote other appropriate forms of assistance and support to persons with disabilities to
ensure their access to information;
(g) Promote access for persons with disabilities to new information and communications
technologies and systems, including the Internet;
(h) Promote the design, development, production and distribution of accessible information and
communications technologies and systems at an early stage, so that these technologies and
systems become accessible at minimum cost.
259 ANNEXES
Article 10, Right to life
States Parties reaffrm that every human being has the inherent right to life and shall take all
necessary measures to ensure its effective enjoyment by persons with disabilities on an equal
basis with others.
Article 11, Situations of risk and humanitarian emergencies
States Parties shall take, in accordance with their obligations under international law, including
international humanitarian law and international human rights law, all necessary measures
to ensure the protection and safety of persons with disabilities in situations of risk, including
situations of armed confict, humanitarian emergencies and the occurrence of natural disasters.
Article 12, Equal recognition before the law
1. States Parties reaffrm that persons with disabilities have the right to recognition everywhere
as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal
basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities
to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity
provide for appropriate and effective safeguards to prevent abuse in accordance with
international human rights law. Such safeguards shall ensure that measures relating to the
exercise of legal capacity respect the rights, will and preferences of the person, are free
of confict of interest and undue infuence, are proportional and tailored to the persons
circumstances, apply for the shortest time possible and are subject to regular review by a
competent, independent and impartial authority or judicial body. The safeguards shall be
proportional to the degree to which such measures affect the persons rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective
measures to ensure the equal right of persons with disabilities to own or inherit property, to
control their own fnancial affairs and to have equal access to bank loans, mortgages and
other forms of fnancial credit, and shall ensure that persons with disabilities are not arbitrarily
deprived of their property.
Article 13, Access to justice
1. States Parties shall ensure effective access to justice for persons with disabilities on an
equal basis with others, including through the provision of procedural and age-appropriate
accommodations, in order to facilitate their effective role as direct and indirect participants,
including as witnesses, in all legal proceedings, including at investigative and other preliminary
stages.
2. In order to help to ensure effective access to justice for persons with disabilities, States
Parties shall promote appropriate training for those working in the feld of administration of
justice, including police and prison staff.
Article 14, Liberty and security of the person
1. States Parties shall ensure that persons with disabilities, on an equal basis with others:
260
(a) Enjoy the right to liberty and security of person;
(b) Are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty
is in conformity with the law, and that the existence of a disability shall in no case justify a
deprivation of liberty.
2. States Parties shall ensure that if persons with disabilities are deprived of their liberty
through any process, they are, on an equal basis with others, entitled to guarantees in
accordance with international human rights law and shall be treated in compliance with
the objectives and principles of this Convention, including by provision of reasonable
accommodation.
Article 15, Freedom from torture or cruel, inhuman or degrading treatment or
punishment
1. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his or her free consent to medical
or scientifc experimentation.
2. States Parties shall take all effective legislative, administrative, judicial or other measures to
prevent persons with disabilities, on an equal basis with others, from being subjected to torture
or cruel, inhuman or degrading treatment or punishment.
Article 16, Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative, social, educational and
other measures to protect persons with disabilities, both within and outside the home, from all
forms of exploitation, violence and abuse, including their gender-based aspects.
2. States Parties shall also take all appropriate measures to prevent all forms of exploitation,
violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive
assistance and support for persons with disabilities and their families and caregivers, including
through the provision of information and education on how to avoid, recognize and report
instances of exploitation, violence and abuse. States Parties shall ensure that protection
services are age-, gender- and disability-sensitive.
3. In order to prevent the occurrence of all forms of exploitation, violence and abuse, States
Parties shall ensure that all facilities and programmes designed to serve persons with
disabilities are effectively monitored by independent authorities.
4. States Parties shall take all appropriate measures to promote the physical, cognitive and
psychological recovery, rehabilitation and social reintegration of persons with disabilities who
become victims of any form of exploitation, violence or abuse, including through the provision
of protection services. Such recovery and reintegration shall take place in an environment that
fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into
account gender- and age-specifc needs.
5. States Parties shall put in place effective legislation and policies, including women- and
child-focused legislation and policies, to ensure that instances of exploitation, violence and
abuse against persons with disabilities are identifed, investigated and, where appropriate,
prosecuted.
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Article 17, Protecting the integrity of the person
Every person with disabilities has a right to respect for his or her physical and mental integrity
on an equal basis with others.
Article 18, Liberty of movement and nationality
1. States Parties shall recognize the rights of persons with disabilities to liberty of movement,
to freedom to choose their residence and to a nationality, on an equal basis with others,
including by ensuring that persons with disabilities:
(a) Have the right to acquire and change a nationality and are not deprived of their nationality
arbitrarily or on the basis of disability;
(b) Are not deprived, on the basis of disability, of their ability to obtain, possess and utilize
documentation of their nationality or other documentation of identifcation, or to utilize relevant
processes such as immigration proceedings, that may be needed to facilitate exercise of the
right to liberty of movement;
(c) Are free to leave any country, including their own;
(d) Are not deprived, arbitrarily or on the basis of disability, of the right to enter their own
country.
2. Children with disabilities shall be registered immediately after birth and shall have the right
from birth to a name, the right to acquire a nationality and, as far as possible, the right to know
and be cared for by their parents.
Article 19, Living independently and being included in the community
States Parties to this 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, including by ensuring that:
(a) Persons with disabilities have the opportunity to choose their place of residence and where
and with whom they live on an equal basis with others and are not obliged to live in a particular
living arrangement;
(b) Persons with disabilities have access to a range of in-home, residential and other
community support services, including personal assistance necessary to support living and
inclusion in the community, and to prevent isolation or segregation from the community;
(c) Community services and facilities for the general population are available on an equal basis
to persons with disabilities and are responsive to their needs.
Article 20, Personal mobility
States Parties shall take effective measures to ensure personal mobility with the greatest
possible independence for persons with disabilities, including by:
(a) Facilitating the personal mobility of persons with disabilities in the manner and at the time
of their choice, and at affordable cost;
(b) Facilitating access by persons with disabilities to quality mobility aids, devices, assistive
technologies and forms of live assistance and intermediaries, including by making them
available at affordable cost;
(c) Providing training in mobility skills to persons with disabilities and to specialist staff working
with persons with disabilities;
(d) Encouraging entities that produce mobility aids, devices and assistive technologies to take
into account all aspects of mobility for persons with disabilities.
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Article 21, Freedom of expression and opinion, and access to information
States Parties shall take all appropriate measures to ensure that persons with disabilities can
exercise the right to freedom of expression and opinion, including the freedom to seek, receive
and impart information and ideas on an equal basis with others and through all forms of
communication of their choice, as defned in article 2 of the present Convention, including by:
(a) Providing information intended for the general public to persons with disabilities in
accessible formats and technologies appropriate to different kinds of disabilities in a timely
manner and without additional cost;
(b) Accepting and facilitating the use of sign languages, Braille, augmentative and alternative
communication, and all other accessible means, modes and formats of communication of their
choice by persons with disabilities in offcial interactions;
(c) Urging private entities that provide services to the general public, including through the
Internet, to provide information and services in accessible and usable formats for persons with
disabilities;
(d) Encouraging the mass media, including providers of information through the Internet, to
make their services accessible to persons with disabilities;
(e) Recognizing and promoting the use of sign languages.
Article 22, Respect for privacy
1. No person with disabilities, regardless of place of residence or living arrangements, shall
be subjected to arbitrary or unlawful interference with his or her privacy, family, home or
correspondence or other types of communication or to unlawful attacks on his or her honour
and reputation. Persons with disabilities have the right to the protection of the law against such
interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation information of
persons with disabilities on an equal basis with others.
Article 23, Respect for home and the family
1. States Parties shall take effective and appropriate measures to eliminate discrimination
against persons with disabilities in all matters relating to marriage, family, parenthood and
relationships, on an equal basis with others, so as to ensure that:
(a) The right of all persons with disabilities who are of marriageable age to marry and to found
a family on the basis of free and full consent of the intending spouses is recognized;
(b) The rights of persons with disabilities to decide freely and responsibly on the number and
spacing of their children and to have access to age-appropriate information, reproductive
and family planning education are recognized, and the means necessary to enable them to
exercise these rights are provided;
(c) Persons with disabilities, including children, retain their fertility on an equal basis with
others.
2. States Parties shall ensure the rights and responsibilities of persons with disabilities, with
regard to guardianship, wardship, trusteeship, adoption of children or similar institutions, where
these concepts exist in national legislation; in all cases the best interests of the child shall be
paramount. States Parties shall render appropriate assistance to persons with disabilities in
the performance of their child-rearing responsibilities.
3. States Parties shall ensure that children with disabilities have equal rights with respect to
family life. With a view to realizing these rights, and to prevent concealment, abandonment,
neglect and segregation of children with disabilities, States Parties shall undertake to provide
263 ANNEXES
early and comprehensive information, services and support to children with disabilities and
their families.
4. States Parties shall ensure that a child shall not be separated from his or her parents
against their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the
best interests of the child. In no case shall a child be separated from parents on the basis of a
disability of either the child or one or both of the parents.
5. States Parties shall, where the immediate family is unable to care for a child with disabilities,
undertake every effort to provide alternative care within the wider family, and failing that, within
the community in a family setting.
Article 24, Education
1. States Parties recognize the right of persons with disabilities to education. With a view to
realizing this right without discrimination and on the basis of equal opportunity, States Parties
shall ensure an inclusive education system at all levels and life long learning directed to:
(a) The full development of human potential and sense of dignity and self-worth, and the
strengthening of respect for human rights, fundamental freedoms and human diversity;
(b) The development by persons with disabilities of their personality, talents and creativity, as
well as their mental and physical abilities, to their fullest potential;
(c) Enabling persons with disabilities to participate effectively in a free society.
2. In realizing this right, States Parties shall ensure that:
(a) Persons with disabilities are not excluded from the general education system on the basis
of disability, and that children with disabilities are not excluded from free and compulsory
primary education, or from secondary education, on the basis of disability;
(b) Persons with disabilities can access an inclusive, quality and free primary education and
secondary education on an equal basis with others in the communities in which they live;
(c) Reasonable accommodation of the individuals requirements is provided;
(d) Persons with disabilities receive the support required, within the general education system,
to facilitate their effective education;
(e) Effective individualized support measures are provided in environments that maximize
academic and social development, consistent with the goal of full inclusion.
3. States Parties shall enable persons with disabilities to learn life and social development
skills to facilitate their full and equal participation in education and as members of the
community. To this end, States Parties shall take appropriate measures, including:
(a) Facilitating the learning of Braille, alternative script, augmentative and alternative modes,
means and formats of communication and orientation and mobility skills, and facilitating peer
support and mentoring;
(b) Facilitating the learning of sign language and the promotion of the linguistic identity of the
deaf community;
(c) Ensuring that the education of persons, and in particular children, who are blind, deaf
or deafblind, is delivered in the most appropriate languages and modes and means of
communication for the individual, and in environments which maximize academic and social
development.
4. In order to help ensure the realization of this right, States Parties shall take appropriate
measures to employ teachers, including teachers with disabilities, who are qualifed in sign
264
language and/or Braille, and to train professionals and staff who work at all levels of education.
Such training shall incorporate disability awareness and the use of appropriate augmentative
and alternative modes, means and formats of communication, educational techniques and
materials to support persons with disabilities.
5. States Parties shall ensure that persons with disabilities are able to access general tertiary
education, vocational training, adult education and lifelong learning without discrimination
and on an equal basis with others. To this end, States Parties shall ensure that reasonable
accommodation is provided to persons with disabilities.
Article 25, Health
States Parties recognize that persons with disabilities have the right to the enjoyment of the
highest attainable standard of health without discrimination on the basis of disability. States
Parties shall take all appropriate measures to ensure access for persons with disabilities to
health services that are gender-sensitive, including health-related rehabilitation. In particular,
States Parties shall:
(a) Provide persons with disabilities with the same range, quality and standard of free or
affordable health care and programmes as provided to other persons, including in the area of
sexual and reproductive health and population-based public health programmes;
(b) Provide those health services needed by persons with disabilities specifcally because of
their disabilities, including early identifcation and intervention as appropriate, and services
designed to minimize and prevent further disabilities, including among children and older
persons;
(c) Provide these health services as close as possible to peoples own communities, including
in rural areas;
(d) Require health professionals to provide care of the same quality to persons with disabilities
as to others, including on the basis of free and informed consent by, inter alia, raising
awareness of the human rights, dignity, autonomy and needs of persons with disabilities
through training and the promulgation of ethical standards for public and private health care;
(e) Prohibit discrimination against persons with disabilities in the provision of health insurance,
and life insurance where such insurance is permitted by national law, which shall be provided
in a fair and reasonable manner;
(f) Prevent discriminatory denial of health care or health services or food and fuids on the
basis of disability.
Article 26, Habilitation and rehabilitation
1. States Parties shall take effective and appropriate measures, including through peer
support, to enable persons with disabilities to attain and maintain maximum independence, full
physical, mental, social and vocational ability, and full inclusion and participation in all aspects
of life. To that end, States Parties shall organize, strengthen and extend comprehensive
habilitation and rehabilitation services and programmes, particularly in the areas of
health, employment, education and social services, in such a way that these services and
programmes:
(a) Begin at the earliest possible stage, and are based on the multidisciplinary assessment of
individual needs and strengths;
(b) Support participation and inclusion in the community and all aspects of society, are
voluntary, and are available to persons with disabilities as close as possible to their own
communities, including in rural areas.
2. States Parties shall promote the development of initial and continuing training for
265 ANNEXES
professionals and staff working in habilitation and rehabilitation services.
3. States Parties shall promote the availability, knowledge and use of assistive devices
and technologies, designed for persons with disabilities, as they relate to habilitation and
rehabilitation.
Article 27, Work and employment
1. States Parties recognize the right of persons with disabilities to work, on an equal basis
with others; this includes the right to the opportunity to gain a living by work freely chosen or
accepted in a labour market and work environment that is open, inclusive and accessible to
persons with disabilities. States Parties shall safeguard and promote the realization of the right
to work, including for those who acquire a disability during the course of employment, by taking
appropriate steps, including through legislation, to, inter alia:
(a) Prohibit discrimination on the basis of disability with regard to all matters concerning all
forms of employment, including conditions of recruitment, hiring and employment, continuance
of employment, career advancement and safe and healthy working conditions;
(b) Protect the rights of persons with disabilities, on an equal basis with others, to just and
favourable conditions of work, including equal opportunities and equal remuneration for work
of equal value, safe and healthy working conditions, including protection from harassment, and
the redress of grievances;
(c) Ensure that persons with disabilities are able to exercise their labour and trade union rights
on an equal basis with others;
(d) Enable persons with disabilities to have effective access to general technical and vocational
guidance programmes, placement services and vocational and continuing training;
(e) Promote employment opportunities and career advancement for persons with disabilities
in the labour market, as well as assistance in fnding, obtaining, maintaining and returning to
employment;
(f) Promote opportunities for self-employment, entrepreneurship, the development of
cooperatives and starting ones own business;
(g) Employ persons with disabilities in the public sector;
(h) Promote the employment of persons with disabilities in the private sector through
appropriate policies and measures, which may include affrmative action programmes,
incentives and other measures;
(i) Ensure that reasonable accommodation is provided to persons with disabilities in the
workplace;
(j) Promote the acquisition by persons with disabilities of work experience in the open labour
market;
(k) Promote vocational and professional rehabilitation, job retention and return-to-work
programmes for persons with disabilities.
2. States Parties shall ensure that persons with disabilities are not held in slavery or in
servitude, and are protected, on an equal basis with others, from forced or compulsory labour.
Article 28, Adequate standard of living and social protection
1. States Parties recognize the right of persons with disabilities to an adequate standard of
living for themselves and their families, including adequate food, clothing and housing, and to
the continuous improvement of living conditions, and shall take appropriate steps to safeguard
and promote the realization of this right without discrimination on the basis of disability.
2. States Parties recognize the right of persons with disabilities to social protection and to
the enjoyment of that right without discrimination on the basis of disability, and shall take
266
appropriate steps to safeguard and promote the realization of this right, including measures:
(a) To ensure equal access by persons with disabilities to clean water services, and to ensure
access to appropriate and affordable services, devices and other assistance for disability-
related needs;
(b) To ensure access by persons with disabilities, in particular women and girls with disabilities
and older persons with disabilities, to social protection programmes and poverty reduction
programmes;
(c) To ensure access by persons with disabilities and their families living in situations of poverty
to assistance from the State with disability-related expenses, including adequate training,
counselling, fnancial assistance and respite care;
(d) To ensure access by persons with disabilities to public housing programmes;
(e) To ensure equal access by persons with disabilities to retirement benefts and programmes.
Article 29, Participation in political and public life
States Parties shall guarantee to persons with disabilities political rights and the opportunity to
enjoy them on an equal basis with others, and shall undertake to:
(a) Ensure that persons with disabilities can effectively and fully participate in political and
public life on an equal basis with others, directly or through freely chosen representatives,
including the right and opportunity for persons with disabilities to vote and be elected, inter alia,
by:
(i) Ensuring that voting procedures, facilities and materials are appropriate, accessible and
easy to understand and use;
(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and
public referendums without intimidation, and to stand for elections, to effectively hold offce and
perform all public functions at all levels of government, facilitating the use of assistive and new
technologies where appropriate;
(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to
this end, where necessary, at their request, allowing assistance in voting by a person of their
own choice;
(b) Promote actively an environment in which persons with disabilities can effectively and fully
participate in the conduct of public affairs, without discrimination and on an equal basis with
others, and encourage their participation in public affairs, including:
(i) Participation in non-governmental organizations and associations concerned with the public
and political life of the country, and in the activities and administration of political parties;
(ii) Forming and joining organizations of persons with disabilities to represent persons with
disabilities at international, national, regional and local levels.
Article 30, Participation in cultural life, recreation, leisure and sport
1. States Parties recognize the right of persons with disabilities to take part on an equal basis
with others in cultural life, and shall take all appropriate measures to ensure that persons with
disabilities:
(a) Enjoy access to cultural materials in accessible formats;
(b) Enjoy access to television programmes, flms, theatre and other cultural activities, in
accessible formats;
(c) Enjoy access to places for cultural performances or services, such as theatres, museums,
cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments
and sites of national cultural importance.
2. States Parties shall take appropriate measures to enable persons with disabilities to have
the opportunity to develop and utilize their creative, artistic and intellectual potential, not only
267 ANNEXES
for their own beneft, but also for the enrichment of society.
3. States Parties shall take all appropriate steps, in accordance with international law, to
ensure that laws protecting intellectual property rights do not constitute an unreasonable or
discriminatory barrier to access by persons with disabilities to cultural materials.
4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition
and support of their specifc cultural and linguistic identity, including sign languages and deaf
culture.
5. With a view to enabling persons with disabilities to participate on an equal basis with others
in recreational, leisure and sporting activities, States Parties shall take appropriate measures:
(a) To encourage and promote the participation, to the fullest extent possible, of persons with
disabilities in mainstream sporting activities at all levels;
(b) To ensure that persons with disabilities have an opportunity to organize, develop and
participate in disability-specifc sporting and recreational activities and, to this end, encourage
the provision, on an equal basis with others, of appropriate instruction, training and resources;
(c) To ensure that persons with disabilities have access to sporting, recreational and tourism
venues;
(d) To ensure that children with disabilities have equal access with other children to
participation in play, recreation and leisure and sporting activities, including those activities in
the school system;
(e) To ensure that persons with disabilities have access to services from those involved in the
organization of recreational, tourism, leisure and sporting activities.
Article 31, Statistics and data collection
1. States Parties undertake to collect appropriate information, including statistical and
research data, to enable them to formulate and implement policies to give effect to the present
Convention. The process of collecting and maintaining this information shall:
(a) Comply with legally established safeguards, including legislation on data protection, to
ensure confdentiality and respect for the privacy of persons with disabilities;
(b) Comply with internationally accepted norms to protect human rights and fundamental
freedoms and ethical principles in the collection and use of statistics.
2. The information collected in accordance with this article shall be disaggregated, as
appropriate, and used to help assess the implementation of States Parties obligations
under the present Convention and to identify and address the barriers faced by persons with
disabilities in exercising their rights.
3. States Parties shall assume responsibility for the dissemination of these statistics and
ensure their accessibility to persons with disabilities and others.
Article 32, International cooperation
1. States Parties recognize the importance of international cooperation and its promotion,
in support of national efforts for the realization of the purpose and objectives of the present
Convention, and will undertake appropriate and effective measures in this regard, between
and among States and, as appropriate, in partnership with relevant international and regional
organizations and civil society, in particular organizations of persons with disabilities. Such
measures could include, inter alia:
(a) Ensuring that international cooperation, including international development programmes,
is inclusive of and accessible to persons with disabilities;
268
(b) Facilitating and supporting capacity-building, including through the exchange and sharing of
information, experiences, training programmes and best practices;
(c) Facilitating cooperation in research and access to scientifc and technical knowledge;
(d) Providing, as appropriate, technical and economic assistance, including by facilitating
access to and sharing of accessible and assistive technologies, and through the transfer of
technologies.
2. The provisions of this article are without prejudice to the obligations of each State Party to
fulfl its obligations under the present Convention.
Article 33, National implementation and monitoring
1. 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.
2. 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.
3. Civil society, in particular persons with disabilities and their representative organizations,
shall be involved and participate fully in the monitoring process.
Article 34, Committee on the Rights of Persons with Disabilities
1. There shall be established a Committee on the Rights of Persons with Disabilities (hereafter
referred to as the Committee), which shall carry out the functions hereinafter provided.
2. The Committee shall consist, at the time of entry into force of the present Convention, of
twelve experts. After an additional sixty ratifcations or accessions to the Convention, the
membership of the Committee shall increase by six members, attaining a maximum number of
eighteen members.
3. The members of the Committee shall serve in their personal capacity and shall be of
high moral standing and recognized competence and experience in the feld covered by the
present Convention. When nominating their candidates, States Parties are invited to give due
consideration to the provision set out in article 4.3 of the present Convention.
4. The members of the Committee shall be elected by States Parties, consideration being
given to equitable geographical distribution, representation of the different forms of civilization
and of the principal legal systems, balanced gender representation and participation of experts
with disabilities.
5. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by the States Parties from among their nationals at meetings of the Conference
of States Parties. At those meetings, for which two thirds of States Parties shall constitute a
quorum, the persons elected to the Committee shall be those who obtain the largest number
269 ANNEXES
of votes and an absolute majority of the votes of the representatives of States Parties present
and voting.
6. The initial election shall be held no later than six months after the date of entry into force of
the present Convention. At least four months before the date of each election, the Secretary-
General of the United Nations shall address a letter to the States Parties inviting them to
submit the nominations within two months. The Secretary-General shall subsequently prepare
a list in alphabetical order of all persons thus nominated, indicating the State Parties which
have nominated them, and shall submit it to the States Parties to the present Convention.
7. The members of the Committee shall be elected for a term of four years. They shall be
eligible for re-election once. However, the term of six of the members elected at the frst
election shall expire at the end of two years; immediately after the frst election, the names
of these six members shall be chosen by lot by the chairperson of the meeting referred to in
paragraph 5 of this article.
8. The election of the six additional members of the Committee shall be held on the occasion of
regular elections, in accordance with the relevant provisions of this article.
9. If a member of the Committee dies or resigns or declares that for any other cause she or
he can no longer perform her or his duties, the State Party which nominated the member shall
appoint another expert possessing the qualifcations and meeting the requirements set out in
the relevant provisions of this article, to serve for the remainder of the term.
10. The Committee shall establish its own rules of procedure.
11. The Secretary-General of the United Nations shall provide the necessary staff and facilities
for the effective performance of the functions of the Committee under the present Convention,
and shall convene its initial meeting.
12. With the approval of the General Assembly, the members of the Committee established
under the present Convention shall receive emoluments from United Nations resources on
such terms and conditions as the Assembly may decide, having regard to the importance of
the Committees responsibilities.
13. The members of the Committee shall be entitled to the facilities, privileges and immunities
of experts on mission for the United Nations as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
Article 35, Reports by States Parties
1. Each State Party shall submit to the Committee, through the Secretary-General of the
United Nations, a comprehensive report on measures taken to give effect to its obligations
under the present Convention and on the progress made in that regard, within two years after
the entry into force of the present Convention for the State Party concerned.
2. Thereafter, States Parties shall submit subsequent reports at least every four years and
further whenever the Committee so requests.
3. The Committee shall decide any guidelines applicable to the content of the reports.
270
4. A State Party which has submitted a comprehensive initial report to the Committee need
not, in its subsequent reports, repeat information previously provided. When preparing reports
to the Committee, States Parties are invited to consider doing so in an open and transparent
process and to give due consideration to the provision set out in article 4.3 of the present
Convention.
5. Reports may indicate factors and diffculties affecting the degree of fulflment of obligations
under the present Convention.
Article 36, Consideration of reports
1. Each report shall be considered by the Committee, which shall make such suggestions and
general recommendations on the report as it may consider appropriate and shall forward these
to the State Party concerned. The State Party may respond with any information it chooses to
the Committee. The Committee may request further information from States Parties relevant to
the implementation of the present Convention.
2. If a State Party is signifcantly overdue in the submission of a report, the Committee may
notify the State Party concerned of the need to examine the implementation of the present
Convention in that State Party, on the basis of reliable information available to the Committee,
if the relevant report is not submitted within three months following the notifcation. The
Committee shall invite the State Party concerned to participate in such examination. Should
the State Party respond by submitting the relevant report, the provisions of paragraph 1 of this
article will apply.
3. The Secretary-General of the United Nations shall make available the reports to all States
Parties.
4. States Parties shall make their reports widely available to the public in their own countries
and facilitate access to the suggestions and general recommendations relating to these
reports.
5. The Committee shall transmit, as it may consider appropriate, to the specialized agencies,
funds and programmes of the United Nations, and other competent bodies, reports from States
Parties in order to address a request or indication of a need for technical advice or assistance
contained therein, along with the Committees observations and recommendations, if any, on
these requests or indications.
Article 37, Cooperation between States Parties and the Committee
1. Each State Party shall cooperate with the Committee and assist its members in the fulflment
of their mandate.
2. In its relationship with States Parties, the Committee shall give due consideration to ways
and means of enhancing national capacities for the implementation of the present Convention,
including through international cooperation.
Article 38, Relationship of the Committee with other bodies
In order to foster the effective implementation of the present Convention and to encourage
international cooperation in the feld covered by the present Convention:
(a) The specialized agencies and other United Nations organs shall be entitled to be
represented at the consideration of the implementation of such provisions of the present
271 ANNEXES
Convention as fall within the scope of their mandate. The Committee may invite the specialized
agencies and other competent bodies as it may consider appropriate to provide expert advice
on the implementation of the Convention in areas falling within the scope of their respective
mandates. The Committee may invite specialized agencies and other United Nations organs
to submit reports on the implementation of the Convention in areas falling within the scope of
their activities;
(b) The Committee, as it discharges its mandate, shall consult, as appropriate, other relevant
bodies instituted by international human rights treaties, with a view to ensuring the consistency
of their respective reporting guidelines, suggestions and general recommendations, and
avoiding duplication and overlap in the performance of their functions.
Article 39, Report of the Committee
The Committee shall report every two years to the General Assembly and to the Economic
and Social Council on its activities, and may make suggestions and general recommendations
based on the examination of reports and information received from the States Parties. Such
suggestions and general recommendations shall be included in the report of the Committee
together with comments, if any, from States Parties.
Article 40, Conference of States Parties
1. The States Parties shall meet regularly in a Conference of States Parties in order to
consider any matter with regard to the implementation of the present Convention.
2. No later than six months after the entry into force of the present Convention, the Conference
of the States Parties shall be convened by the Secretary-General of the United Nations. The
subsequent meetings shall be convened by the Secretary-General of the United Nations
biennially or upon the decision of the Conference of States Parties.
Article 41, Depositary
The Secretary-General of the United Nations shall be the depositary of the present
Convention.
Article 42, Signature
The present Convention shall be open for signature by all States and by regional integration
organizations at United Nations Headquarters in New York as of 30 March 2007.
Article 43, Consent to be bound
The present Convention shall be subject to ratifcation by signatory States and to formal
confrmation by signatory regional integration organizations. It shall be open for accession by
any State or regional integration organization which has not signed the Convention.
Article 44, Regional integration organizations
1. Regional integration organization shall mean an organization constituted by sovereign
States of a given region, to which its member States have transferred competence in respect
of matters governed by this Convention. Such organizations shall declare, in their instruments
of formal confrmation or accession, the extent of their competence with respect to matters
governed by this Convention. Subsequently, they shall inform the depositary of any substantial
modifcation in the extent of their competence.
272
2. References to States Parties in the present Convention shall apply to such organizations
within the limits of their competence.
3. For the purposes of article 45, paragraph 1, and article 47, paragraphs 2 and 3, any
instrument deposited by a regional integration organization shall not be counted.
4. Regional integration organizations, in matters within their competence, may exercise their
right to vote in the Conference of States Parties, with a number of votes equal to the number
of their member States that are Parties to this Convention. Such an organization shall not
exercise its right to vote if any of its member States exercises its right, and vice versa.
Article 45, Entry into force
1. The present Convention shall enter into force on the thirtieth day after the deposit of the
twentieth instrument of ratifcation or accession.
2. For each State or regional integration organization ratifying, formally confrming or acceding
to the Convention after the deposit of the twentieth such instrument, the Convention shall enter
into force on the thirtieth day after the deposit of its own such instrument.
Article 46, Reservations
1. Reservations incompatible with the object and purpose of the present Convention shall not
be permitted.
2. Reservations may be withdrawn at any time.
Article 47, Amendments
1. Any State Party may propose an amendment to the present Convention and submit it to
the Secretary-General of the United Nations. The Secretary-General shall communicate any
proposed amendments to States Parties, with a request to be notifed whether they favour a
conference of States Parties for the purpose of considering and deciding upon the proposals.
In the event that, within four months from the date of such communication, at least one third
of the States Parties favour such a conference, the Secretary-General shall convene the
conference under the auspices of the United Nations. Any amendment adopted by a majority of
two thirds of the States Parties present and voting shall be submitted by the Secretary-General
to the General Assembly for approval and thereafter to all States Parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph 1 of this article shall
enter into force on the thirtieth day after the number of instruments of acceptance deposited
reaches two thirds of the number of States Parties at the date of adoption of the amendment.
Thereafter, the amendment shall enter into force for any State Party on the thirtieth day
following the deposit of its own instrument of acceptance. An amendment shall be binding only
on those States Parties which have accepted it.
3. If so decided by the Conference of States Parties by consensus, an amendment adopted
and approved in accordance with paragraph 1 of this article which relates exclusively to
articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth day after
the number of instruments of acceptance deposited reaches two thirds of the number of States
Parties at the date of adoption of the amendment.
273 ANNEXES
Article 48, Denunciation
A State Party may denounce the present Convention by written notifcation to the Secretary-
General of the United Nations. The denunciation shall become effective one year after the date
of receipt of the notifcation by the Secretary-General.
Article 49, Accessible format
The text of the present Convention shall be made available in accessible formats.
Article 50, Authentic texts
The Arabic, Chinese, English, French, Russian and Spanish texts of the present Convention
shall be equally authentic.
In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Convention.
274
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES
(Unoffcial Plain-language Version)
PREAMBLE
The countries that agree to this document recognize:
a. The founding documents of the UN say that we are all equal and we are all members of
the human family. This is important for freedom, justice, and peace in the world,
b. We are all equal, and all of us have the same human rights,
c. All human beings everywhere in the world have all human rights. These rights cannot be
divided. People with disabilities must enjoy all human rights and fundamental freedoms,
and they must not be discriminated against,
d. There are seven other international agreements that promote and protect human rights,
e. Disability is something that changes all the time. It is the environment and peoples at-
titudes that create disability,
f. It is important to keep in mind what the Standard Rules and the World Programme of
Action concerning Disabled Persons are trying to achieve when trying to make laws,
rules, decisions, programs, and practice better for people with disabilities,
g. It is very important to make sure that the situation of people with disabilities is always
equally taken into consideration when governments and international organizations
make plans about a countrys growth (for example, about how to get people out of pov-
erty or get them jobs),
h. When someone discriminates against people with disabilities, he or she takes away
their dignity and value as human beings,
i. There are many differences among people with disabilities,
j. All people with disabilities must have their rights, including people with disabilities who
need extra support,
k. The rights of people with disabilities are still being taken away, even though there are
agreements that protect their rights,
l. It is important that countries work with one another to make life better for people with
disabilities, especially in poor countries,
m. If people with disabilities are fully included and enjoy their rights, they help make their
countries better,
n. It is very important that people with disabilities are free to make their own decisions,
o. People with disabilities should be included in the making of policies and programs, es-
pecially those that are directly related to them,
p. People with disabilities are not only discriminated against because of their disabilities,
but also for many other reasons, including their race and sex.
q. Women and girls with disabilities are more often abused, beaten, injured, or taken ad-
vantage of,
r. Children with disabilities have the same rights as all other children, and that the interna-
tional agreement on childrens rights also applies to them,
s. It is important for a country to consider the situations of both women and men in every-
thing it does for the human rights of people with disabilities,
t. It is also very important to remember that most people with disabilities are poor, and it is
necessary to fnd out how their poverty affects them,
u. We must have peace and security to make sure people with disabilities can have their
rights, especially when they live in war zones or in countries that are not run by their
own government,
275 ANNEXES
v. It is very important for people with disabilities to be able to enjoy all areas of life, to have
good health care, to go to school, and to have the information they need so that they
can use their rights,
w. Every person has the duty to make sure everyone else enjoys his or her rights,
x. The family is the main group in a society, and people with disabilities and their families
should get the protection and help they need to be able to work for their human rights,
y. An Agreement that covers all areas of life will be very helpful in making lives of people
with disabilities better and in making sure that people with disabilities are treated equally
and equally included in all areas of life, and in poor and richer countries.
Because of all the things listed here, the countries that decide to be part of this Agreement
agree to the following:
ARTICLE 1: PURPOSE
This Agreement is made is to make sure that
the human rights and freedoms of all people with disabilities are enjoyed, promoted, and
protected;
respect for the dignity of people with disabilities is promoted.
People with disabilities include those who have long-term impairments (for example, physical,
psycho-social, intellectual) and who are not included in society for different reasons (for exam-
ple, because of barriers like attitudes, language, physical barriers, laws).
ARTICLE 2: DEFINITIONS
Communication means all the ways that people can communicate (for example, spoken
language, sign language, text, Braille, touch, large print, written, audio, plain language, human
reader).
Language means all kinds of languages (for example, spoken, signed, and types of lan-
guage that are not spoken).
Discrimination on the basis of disability means a person may be excluded, shut out, or pre-
vented from doing things because of their disability. This discrimination can be in all areas of
life.
Reasonable Accommodation means that a person may need to have changes made so they
are able to enjoy their rights (for example, changes where they live or work). If some changes
are too expensive or too diffcult, then they may not have to be made.
Universal Design means that things are made, programs created, and places designed so
that they can be used by all people. Sometimes someone with a particular type of disability
may need something specially made so they can enjoy their rights.
ARTICLE 3: GENERAL PRINCIPLES
This Agreement is based on these principles:
Dignity
Ability to choose
Independence
Non-discrimination
Participation
Full inclusion
276
Respect for difference
Acceptance of people with disabilities as part of humanity
Equality of opportunity
Accessibility
Equality of men and women
Respect for children.
ARTICLE 4: GENERAL OBLIGATIONS
1. The countries that agree to this Agreement promise to make sure that all human rights apply
to all people, without discrimination because of disability. To fulfll this promise, they will:
a. Make new laws, policies, and practices in their country that are like those in this Agree-
ment;
b. Change or get rid of old rules, laws, and customs that discriminate against people with
disabilities;
c. Make sure that the human rights of people with disabilities are included in all policies
and programs;
d. Not do anything that goes against this Agreement, and make sure others respect the
Agreement;
e. Take action to stop individuals, organizations, or businesses from discriminating be-
cause of disability;
f. Work on developing and making available affordable goods, services, equipment, and
facilities that people with disabilities all over the world can use;
g. Work on developing affordable new technologies in all aspects of life that are useful for
people with disabilities;
h. Provide information about all types of assistance, including technologies, in a way that
all people with disabilities can understand;
i. Promote trainings about the rights in this Agreement for those who work with people
with disabilities.
2. Put into practice laws and rules that relate to economic, social, and cultural rights as much
as they can with resources they have. If need be, they can cooperate with other countries
to put these rights into practice. All other rights must be put into practice right away.
3. When making laws and rules about this Agreement, the countries will talk to and involve
people with disabilities, including children with disabilities, through the organizations that
represent them.
4. Not let this Agreement change any laws or rules that are better for the rights of people with
disabilities. Countries must not use the Agreement as an excuse to not put into practice hu-
man rights that already exist.
5. Apply this Agreement to the country as a whole.
ARTICLE 5: EQUALITY AND NON-DISCRIMINATION
1. All people with disabilities are equal before the law and protected by the law without any
discrimination.
2. Discrimination because of a disability will not be allowed and people with disabilities will
be protected from such discrimination.
3. If a person with a disability needs changes made to his or her environment in order to
enjoy his or her rights, then those changes will be made.
4. If people with disabilities need special actions in order to become equal to others, this
277 ANNEXES
type of treatment is not unfair to others.
ARTICLE 6: WOMEN WITH DISABILITIES
1. Women and girls with disabilities face many kinds of discrimination. Countries will make
sure girls and women enjoy full and equal human rights and freedoms.
2. Countries will take action to support the growth and empowerment of women with dis-
abilities so that they can use and enjoy their rights.
ARTICLE 7: CHILDREN WITH DISABILITIES
1. Children with disabilities have the same rights as other children.
2. Anything concerning children with disabilities must be done for the good of the child.
3. Children with disabilities have the right to give their opinions and have their opinions
listened to. Children with disabilities should get the help they need to give their opinions.
ARTICLE 8: AWARENESS-RAISING
1. The countries will:
a. Help families and all people in society be more aware of the issues facing people
with disabilities. They will work to make sure that the rights and dignity of people with
disabilities are respected;
b. Fight against stereotypes and prejudices about people with disabilities; (Stereotypes
are general and incorrect beliefs that some people have about other people. These
beliefs are often damaging and lead to discrimination.)
c. Help everyone be aware what people with disabilities can do and how they can help
the country grow.
2. The countries will also:
a. Make everyone aware of the rights of people with disabilities:
I. Show that people with disabilities have the same rights as everyone else;
II. Highlight disability in the community and change misunderstandings about dis-
ability;
III. Show the skills of people with disabilities and how they can be put to use.
b. Make sure that schools teach respect for the rights of people with disabilities;
c. Encourage media (for example, radio, television, newspapers and magazines) to
show images of people with disabilities that promote the rights of people with dis-
abilities;
d. Promote training programs to make people aware of the rights of people with dis-
abilities.
ARTICLE 9: ACCESSIBILITY
1. The countries will get rid of barriers that people with disabilities face. This way people
with disabilities can live independently and fully live their lives.
The countries will get rid of barriers in;
a. Buildings, roads, transportation and indoor and outdoor objects (for example, in
schools, housing, hospitals, health centers, and workplaces);
b. Information, communications, and other services (for example, electronic services
and emergency services).
278
2. The countries will also;
a. Set standards for accessibility of public places and services;
b. Make sure that private businesses and organizations open to the public are acces-
sible;
c. Train people about what people with disabilities need when it comes to accessibility;
d. Have Braille signs and easy to read and understand information in public buildings;
e. Provide help so people with disabilities can access buildings open to the public (for
example, readers, sign language interpreters, and guides);
f. Provide other types of help people with disabilities need to get access to information;
g. Promote to new technologies for people with disabilities;
h. Promote new technology that improve access to information and communications for
people with disabilities.
ARTICLE 10: RIGHT TO LIFE
All people with disabilities have the right to life. The countries will act to make sure people with
disabilities can use this right.
ARTICLE 11: SITUATIONS OF RISK AND HUMANITARIAN EMERGENCIES
The countries will make sure that people with disabilities are protected in times of war, natural
disasters, or other emergencies.
ARTICLE 12: EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
1. People with disabilities have the right to be recognized as people before the law.
2. People with disabilities are capable like all other people on legal issues in all areas of
their lives.
3. People with disabilities have a right to get support if they need it to make decisions
about legal issues.
4. When people with disabilities need support on legal or fnancial issues:
They will be protected from abuse;
Their rights and their choices will be respected;
People who give support will not pressure people with disabilities into making a deci-
sion;
They get the help they need, only for the time they need it and only as much as they
need;
The courts will review the support received.
5. The countries will make sure that people with disabilities:
a. Have the right to own or get property;
b. Have the right to control their money or other fnancial affairs;
c. Have the same opportunities as other people to get bank loans, mortgages and
credit;
d. Cannot have property taken away without a reason.
ARTICLE 13: ACCESS TO JUSTICE
1. The countries will make sure that people with disabilities can access the justice system
in their countries just like all other people. Any rules about how things should be done
should be adapted so that people with disabilities can be involved in all stages of legal
processes, (for example, being a witness).
279 ANNEXES
2. People working in the justice system (for example, police and prison staff) should have
training in how to improve access for people with disabilities.
ARTICLE 14: LIBERTY AND SECURITY
1. The countries will:
a. Make sure that people with disabilities have the same right to liberty and security as
all other people;
b. Make sure that this right is not taken away from people with disabilities because they
have a disability or in any illegal way.
2. The countries will make sure that if a person has had his or her liberty taken, he or she
will be protected by law. They will also make sure that changes are made to the indi-
viduals environment if they are needed for that person to enjoy his or her human rights.
ARTICLE 15: FREEDOM FROM TORTURE OR CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT
1. Nobody will be tortured, or be treated or punished in a cruel, inhuman or degrading way.
Nobody will be forced to take part in medical or scientifc experiments.
2. The countries agree to pass laws, and take other action to make sure that people with
disabilities are protected from torture just like all other people.
ARTICLE 16: FREEDOM FROM EXPLOITATION, VIOLENCE AND ABUSE
The countries will:
1. Pass laws and take other action to make sure people with disabilities are not exploited
or abused, both inside and outside their home.
2. Take action to prevent abuse of people with disabilities by giving help and appropriate
information to people with disabilities and their families.
3. Make sure that places and programs serving people with disabilities are regularly looked
at to make sure there is no violence or abuse.
4. Support people with disabilities with their recovery and reintegration into society if they
have been victims of violence and abuse.
5. Create laws and policies to investigate and punish people who abuse or mistreat people
with disabilities. These laws and policies will include the needs of women and children.
ARTICLE 17: PROTECTING INTEGRITY
People with disabilities have the same right as everyone else to have their physical and mental
selves respected.
ARTICLE 18: FREEDOM OF MOVEMENT AND NATIONALITY
1. People with disabilities have the same rights as others to move around in their country
or between countries, to choose where they live, and to have a nationality.
The countries will make sure that people with disabilities:
a. Have the right to get and to change their nationality. Nobody can take away their
280
nationality without a reason or because of a disability;
b. Cannot have their passports or other identifcation of nationality taken away without
a reason or because of a disability, and that they are allowed to try to move to an-
other country;
c. Are free to leave their own country and any other country;
d. Cannot be stopped from entering their own country without a reason or because of a
disability.
2. Children with disabilities will be registered immediately after they are born. They will
have the right to a name, to a nationality, and as much as possible the right to know
their parents and be raised by their own parents.
ARTICLE 19: LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
All people with disabilities have the same right as anyone else to live in the community, to be
fully included and to participate in the community.
The countries will make sure that people with disabilities:
a. Have the same opportunities as other people to choose whom they live with and where
they live. They should not be forced to live in institutions or in other living arrangements
that they do not like;
b. Have a range of choices on where and how to live in the community, including personal
assistance to help with inclusion in the community and prevent them from being isolated;
c. Can use community services that are available to the public, which may need to be
adapted to a particular persons needs.
ARTICLE 20: PERSONAL MOBILITY
The countries will make sure that people with disabilities can move around with the greatest
possible independence, including:
a. Assisting people to move around in the way at the time they choose, and at a cost that
they can afford;
b. Assisting people with disabilities to access mobility aids and technology, including mak-
ing sure they do not cost a lot;
c. Providing training in mobility skills for people with disabilities and staff working with them;
d. Encouraging those that produce mobility aids and technology to take into account all
aspects of movement.
ARTICLE 21: FREEDOM OF EXPRESSION AND OPINION AND ACCESS TO
INFORMATION
The countries will make sure that people with disabilities have the right to say what they think
through Braille, sign language, or any other types of communication that they choose.
The countries will make sure people with disabilities have the same right as other people to
give and receive information, including:
a. Providing information intended for the general public to people with disabilities in for-
mats that are adequate for them without extra cost (for example, Braille);
b. Accepting the use of different ways people with disabilities communicate in offcial situa-
tions;
c. Encouraging private businesses and organizations that serve the public to make their
281 ANNEXES
services more accessible for people with disabilities;
d. Encouraging the media to make their information accessible to people with disabilities;
e. Agreeing to, and promoting the use of, sign language.
ARTICLE 22: RESPECT FOR PRIVACY
1. No matter where people with disabilities live, no one can interfere in their private life,
enter their home, open their mail, bother their family, or harm their good name without a
good reason. People with disabilities have the right to be protected by the law from such
attacks.
2. Information about people with disabilities, their health, and rehabilitation is private and
protected.
ARTICLE 23: RESPECT FOR HOME AND THE FAMILY
1. The countries will stop discrimination against people with disabilities when it comes to
marriage and family relations and make sure that:
a. People with disabilities have the same right as other people to marry and have a
family;
b. People with disabilities have the same rights as other people to have children and to
decide how many children to have and when to have them. They should get informa-
tion on reproduction and family planning and help to understand this information;
c. People with disabilities have the same right as everyone else to keep their fertility.
2. People with disabilities have the rights and responsibilities related to caring for or adopt-
ing children, with the most important concern being what is best for the child. The coun-
tries will give people with disabilities any help they need to raise their children.
3. Children with disabilities have the same rights as everyone else to a family life. To pre-
vent abuse, the countries will provide information, services, and support to children with
disabilities and their families.
4. Children must not be taken away from their parents against their will, unless it is best for
them and is done legally. A child cannot be separated from parents because of the par-
ents or the childs disability.
5. If close family members cannot care for a child with a disability, the countries will look
for another relative or someone in the local community to care for the child.
ARTICLE 24: EDUCATION
1. All people with disabilities have the right to education. The countries will make sure that
the entire education system includes people with disabilities, and that the educational
system works to:
a. develop everyones human potential, sense of dignity, and self worth, as well as
respect for human rights, freedoms, and diversity;
b. develop the personality and talents of people with disabilities to their fullest potential;
c. make it possible for people with disabilities to be involved in society.
2. To do this, the countries will make sure that:
a. People with disabilities are not kept out of education because of their disability, and
children with disabilities are not kept out of free and required primary or from sec-
282
ondary education because of their disability;
b. All people with disabilities can choose education that includes them, is accessible
and is in their own community;
c. Reasonable changes are made to make sure that people with disabilities get the
most out of their education;
d. People with disabilities get the help they need to get the most out of their education;
e. The individual needs of students with disabilities receive are met.
3. The countries will make it possible for people with disabilities to learn social and life
skills they need to go to schools and be in the community. They will do this by:
a. Arranging that students learn skills for communication (for example, Braille) and
movement, and that they get support from other people with disabilities of their own
age;
b. Teaching sign language;
c. Making sure that especially children who are blind, deaf or deafblind are educated
in the most appropriate types of communication so that they get the most out of their
education.
4. To help make sure that these rights are put into practice, the countries will hire teach-
ers who are people with disabilities, teachers who are qualifed in Braille and sign lan-
guages, and will train teachers and staff at all levels of education on how to give quality
education to people with disabilities.
5. Countries will make sure that people with disabilities have equal access to vocational
training, to universities and to lifelong learning like all other people, and will make any
changes needed to make that happen.
ARTICLE 25: HEALTH
All people with disabilities have the same right to quality health care, without discrimination
because of their disability.
The countries will make sure that health and rehabilitation services are available, including:
a. Making sure that people with disabilities get the same variety, quality, and standard of
free and affordable health care as other people;
b. Making sure that people with disabilities can get services they need because of their
disability and to protect them from further disability;
c. Having health services in peoples own communities;
d. Making sure through training and standards that health workers give the same quality
care to people with disabilities as to others, including getting their agreement;
e. Stopping discrimination against people with disabilities about health insurance and life
insurance;
f. Making sure that people with disabilities will not be discriminated against and denied
health care or health services, or food and fuids, because of their disability.
ARTICLE 26: HABILITATION AND REHABILITATION
1. The countries will take action (for example, by promoting peer support) to make it pos-
sible for people with disabilities to enjoy maximum independence, their full abilities, and
inclusion in all aspects of life. To make sure this happens, the countries will make avail-
able services that cover all areas of life, both in habilitation and rehabilitation, so that
they:
a. Begin as early as possible, and are suited to a persons strengths and needs;
283 ANNEXES
b. Help people with disabilities be involved in the community and are voluntary and
available as close as possible to their communities.
(Habilitation is a process that helps people who are born with a disability or acquire
a disability at an early age get new skills, abilities, and knowledge. Rehabilitation
refers to the process of re-gaining lost skills or abilities.)
2. The countries will promote training for people working in habilitation and rehabilitation
services.
3. The countries will promote the use of assistive devices and other types of aid as they
relate to habilitation and rehabilitation.
ARTICLE 27: WORK AND EMPLOYMENT
1. People with disabilities have the same right to work as other people. They have the right
to earn a living from work they choose in a work environment that is open and acces-
sible to all people. The countries will pass laws and take other action needed to:
a. Stop discrimination because of disability in all work situations, including trying to get
jobs, getting hired, keeping a job, being promoted and working in safe and healthy
conditions;
b. Protect the rights of people with disabilities to equal pay for equal work, equal oppor-
tunity, safe and healthy working conditions, and the ability to make complaints;
c. Make sure that people with disabilities can organize and join labor unions and trade
unions like everyone else;
d. Make it possible for people with disabilities to get career counseling and job train-
ings;
e. Promote job opportunities and promotions and help people with disabilities to fnd
and keep jobs;
f. Promote self-employment, business opportunities, cooperatives, and start-up busi-
nesses;
g. Hire people with disabilities in the government;
h. Encourage and help employers to hire people with disabilities;
i. Make it easy for people with disabilities to be in the work place and work environ-
ment by making sure reasonable adjustments are made for them;
j. Make sure that people with disabilities can gain work experience in the labor market;
k. Promote programs to support people with disabilities to return to work and keep their
jobs.
2. The countries will make sure that people with disabilities are not made slaves. They will
protect people with disabilities from forced labor as all other people are protected.
ARTICLE 28: ADEQUATE STANDARD OF LIVING AND SOCIAL PROTECTION
1. People with disabilities have the right to a good standard of living for themselves and
their families. This includes enough food, clothing, housing, and continued improvement
of their living conditions.
2. People with disabilities have the right to social protection by the government, without
discrimination because of disability. The countries will protect this right, including by
making sure that:
a. People with disabilities can get the services, equipment, and help they need;
b. People with disabilities have access to fnancial assistance and programs that help
284
them get out of poverty. This especially applies to women and girls and older people
with disabilities;
c. People with disabilities and their families who live in poverty get help from the gov-
ernment to be able to pay for expenses related to their disability;
d. People with disabilities have access to government housing programs;
e. People with disabilities can get pensions.
ARTICLE 29: PARTICIPATION IN POLITICAL AND PUBLIC LIFE
People with disabilities have the rights same political rights as all other people. The countries
will:
a. Make sure that people with disabilities can be fully involved in political and public life, for
example by having the right to vote and be elected. To do this they should make sure:
I. That voting is easy to understand and accessible;
II. That people with disabilities can vote in secret and to be elected and hold offce;
III. That people with disabilities can get help in voting from someone of their choice.
b. Encourage people with disabilities to be involved in the government and public affairs,
including:
I. Being involved in non-governmental organizations and associations focused on the
activities of political parties and civil society;
II. Making and belonging to organizations to represent people with disabilities interna-
tionally, nationally, regionally and locally.
ARTICLE 30: PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT
1. People with disabilities have the right to take part in cultural life. The countries will take
action to make sure that:
a. People with disabilities have access to literature and the arts in formats they can
use;
b. People with disabilities can get television programs, flm, theatre and other cultural
activities in a way that they will understand, for example with captioning and sign
language;
c. People with disabilities can access cultural performances and services such as
libraries, museums, theatres and important places.
2. The countries will make it possible for people with disabilities to develop and use their
creative, artistic, and intellectual talents.
3. The countries will make sure that laws that protect documents and other writings and
inventions from forgery or copying do not discriminate against people with disabilities.
4. People with disabilities have the right, just like everyone else, to have their culture and
language recognized, for example sign languages and deaf culture.
5. People with disabilities have the same right as others to take part in recreation, leisure
and sports. The countries will take action to:
a. Promote and encourage people with disabilities to take part in sports with people
without disabilities at all levels;
b. Make sure that people with disabilities have a chance to organize and participate in
sport activities, and to receive the same training and support as other people;
c. Make sure that people with disabilities can get to sports and recreation arenas as
other people can;
285 ANNEXES
d. Make sure that children with disabilities can participate in play and sports at school
like other children;
e. Make sure that person with disabilities can get services to help organize recreational
and sporting activities.
ARTICLE 31: STATISTICS AND DATA COLLECTION
1. The countries will collect and look at information about people with disabilities to put into
practice this Agreement. In collecting and using this information they will:
a. Respect peoples right to privacy. The information should be given only if people
agree;
b. Respect human rights and ethics.

2. The information collected will be put in useful groups so that the countries can learn
more about barriers that exist for people with disabilities and understand better how to
put this Agreement into practice.
3. The countries are responsible for giving out this information and making sure that
people with disabilities can read and understand it.
ARTICLES 32 50: DUTIES OF GOVERNMENTS
These articles explain how people and governments should work together to make sure all
people with disabilities get all their rights
The main ideas are:
The countries should they work together to put this Agreement into practice.
People with disabilities and their organizations must be included in this work.
A UN Committee on the Rights of People with Disabilities will be created to make sure
the countries keep their promises to this Agreement
The countries will write regular reports for the Committee telling how theyre putting this
Agreement into practice.
The Committee will report regularly to the UN General Assembly and other groups and
make suggestions on how this Agreement is being respected.
The countries that sign this agreement have the responsibility to put it into practice.
However, they can decide not to accept certain parts that they disagree with.
This agreement should be made available in ways that people with disabilities can read
or understand it.
Note: The United Nations General Assembly adopted this Agreement in December, 2006.
Countries are now promising to put it into practice. When enough countries have done this, the
Agreement will become international law.
286
287 ANNEXES
288
289 ANNEXES
290
HUMAN RIGHTS INSTRUMENTS
The following are the internet addresses for the principal instruments cited in Human Rights. YES!
The African Charter on Human and Peoples Rights
http://www1.umn.edu/humanrts/instree/z1afchar.htm
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT)
http://www.unhchr.ch/html/menu3/b/h_cat39.htm
Convention Concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169)
http://www.ohchr.org/english/law/indigenous/htm
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
http://www.ohchr.org/english/law/cedaw.htm
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
http://www.unhchr.ch/html/menu3/b/9.htm
Convention on the Rights of the Child (CRC)
http://www.ohchr.org/english/law/crc.htm
International Convention for the Protection of the Rights of Migrant Workers and Members of
Their Families (ICRMW)
http://www.ohchr.org/english/law/cmw.htm
Convention on the Rights of Persons with Disabilities (CRPD)
http://www.ohchr.org/english/law/disabilities-convention.htm
Declaration on the Rights of Indigenous Peoples
http://www.ohchr.org/english/issues/indigenous/docs/draftdeclaration.pdf
European Convention for the Protection of Human Rights and Fundamental Freedoms
http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm
Persons)
http://www.ilo.org/ilolex/english/convdisp1.htm
Inter-American Convention on Human Rights
http://www1.umn.edu/humanrts/oasinstr/zoas3con.htm
International Covenant on Civil and Political Rights (ICCPR)
http://www.ohchr.org/english/law/ccpr.htm
International Covenant on Economic, Social and Cultural Rights (ICESCR)
http://www.unhchr.ch/html/menu3/b/a_cescr.htm
Universal Declaration of Human Rights (UDHR)
http://www.unhchr.ch/udhr/
UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities
(Standard Rules)
http://www.un.org/esa/socdev/enable/dissre00.htm
291 ANNEXES
ANNEX 2
FACILITATING HUMAN RIGHTS EDUCATION
Human Rights. YES! calls for a way of learning in which the participants are at the center of the
experience and share authority and ownership for their own learning. The learning activities
do not need a teacher but a facilitator, for everyone in the group is a learner engaged in a
common effort towards a shared goal. Together they examine their own experiences and seek
to come to individual conclusions. Because people cannot be told what to think, the goal of a
learning activity is not some right answer or even agreement, but a cooperative exploration of
ideas and issues.
Because this methodology assumes that everyone has the right to an opinion and respects
individual differences, it is especially appropriate to a human rights learning. It encourages
critical analysis of real-life situations and can lead to thoughtful and effective action to create
change.
THE ROLE OF THE FACILITATOR
Facilitation does not usually come naturally. Mastering the art of facilitation requires both
practice and a clear understanding of the role of the facilitator:
To establish a relationship of equality and cooperation with participants. The
facilitator is frst among equals, but responsibility for learning rests with the whole
group;
To create an environment of trust and openness. The facilitator helps everyone feel
safe to speak honestly in a situation where differences of opinion, as well as differences
in ability, are respected;
To ensure that everyone feels included and is enabled to participate;
To provide a structure for learning, which might include setting and observing
meeting times, opening and closing sessions, and keeping to an agenda. The facilitator
continually consults participants about the effectiveness of the structure.
To make sure the logistics are handled appropriately. This might include gathering
and preparing materials, setting up the meeting space, notifying participants, and seeing
that necessary preparations are made. Facilitating learning for people with disabilities
also includes providing accommodations so that everyone can participate fully.
A facilitator is NOT
a teacher or the person in charge: The whole group is responsible for learning. The
facilitators role is to help that learning happen more effectively. The facilitator is a co-
learner, exploring all subjects as an equal partner and contributing individual experience
to that of others.
a judge: In active learning no one, least of all the facilitator, determines that some
opinions are correct or better.
necessarily an expert: Although preparing each session, the facilitator may not know
as much about a subject as some other members of the group.
the center of attention: A good facilitator generally speak less than other participants;
292
instead she or he draws others into the discussion.
the housekeeper: While the facilitator takes initial leadership in coordinating the
sessions, she or he should not become the only person who takes responsibility.
As with any skill, the best way to learn to facilitate learning is to practice often and have a self-
critical attitude, always seeking to improve.
INTERACTIVE LEARNING
The process of learning is more important than the content! The activities in Human Rights.
Yes! are designed to actively involve participants in their own learning and acknowledge the
differences in the ways that adults learn. Each session seeks to encourage participants in
concrete experience: to involve themselves fully and without bias in new experiences;
refective observation: to observe and to refect on these experiences from many
perspectives;
abstract conceptualization: to create concepts that integrate their observations into
coherent theories;
active experimentation: to use these theories to make decisions, solve problems and
take action.
The effectiveness of interactive learning techniques has been interpreted quantitatively by
the National Training Laboratories in Bethel, Maine, USA in an analysis that measured and
contrasted average retention rates across a variety of teaching styles.

Method Average Retention Rate
Lecture 5%
Reading 10%
Audio Visual 20%
Demonstration 30%
Group Discussion 75%
Teaching Others 80%
LEADING DISCUSSION

Discussion is one of the most important ways for people to participate in their own learning.
Therefore every facilitator needs to learn to lead discussion skillfully.
1. Ask open or leading questions. Most of the questions for discussion in Human Rights.
YES! fall into these categories.
An open question encourages a wide range of answers from the personal (This reminds
me of a time when I was a little girl ) to the objective (I have heard that in some
countries people with disabilities are not allowed to marry). Open questions cannot be
answered by yes or no. For example, these are open questions:
How do you defne reasonable accommodation?
Can a leader also be a follower?
Leading questions take participants step by step towards a learning goal. Each question
builds on the previous answer and leads to another question. Because the Greek
293 ANNEXES
philosopher Socrates used leading questions in his teaching, it is sometimes called the
Socratic method. For example, this is a series of leading questions:
Do you remember a time when you were not consulted about your opinion on
something important that concerned you?
How might things have turned out differently if you had been consulted?
What are some results of this failure to permit you to express an opinion?
Why do you think that the CRPD has emphasized the right of people with disabilities to
an opinion?
Avoid too many subjective questions, which invite a strictly personal response and do not
necessarily lead to dialogue or discussion. For example (e.g., Did I summarize what you
said accurately? Are you ready for a break?). Also avoid closed questions that can be
answered with a fact or just yes or no (e.g., What time is it? Did you enjoy that activity?).
2. Respect all answers or opinions. The role of the facilitator is not to judge, and all
participants need to have their opinions acknowledged and respected, regardless of
what the facilitator thinks personally. However, comments that are disrespectful of other
participants or contrary to the ethics of the learning partnership need to be addressed.
3. Repeat and restate. The facilitator often needs to acknowledge that participants
comments were heard and understood. Sometimes the facilitator may need to restate a
comment to make sure that it was understood, but it is important to get the participants
assent that the restatement was accurate (Did I understand what you just said?).
4. Signal attention. In addition to verbal responses, the facilitator can communicate attention
in many ways, including tone of voice, body language, writing down comments, and
making eye contact,
5. Resist imposing opinions. The facilitators role is to invite sharing of opinions, not impose
his or her opinions. As co-learner, facilitators may, of course, add their own views to the
discussion, but only with discretion and tact.
6. Control the traffc. The facilitator needs to ensure that no one dominates the conversation,
that everyone gets a chance to speak, and that the discussion stays on topic.
ACCOMMODATING PARTICIPANTS WITH DISABILITIES
1. Before the Workshop
If possible, fnd out well in advance who will attend and what accommodations they
may need in order to participate fully.
Adapt your learning materials, agenda, and activities to ensure that everyone can
participate (e.g., large print, Braille, plain language handouts.
Arrange any aids to communication that may be needed (e.g., sign language
interpreters).
Brief any speakers or additional facilitators on making their presentations accessible.
Consider the safety and accessibility of the location:
n Transportation to and from the meeting place
n Access to the building
n Access to and inside all meeting rooms
n Access to bathrooms and eating areas.
2. During the Workshop
Ask at the beginning if anyone is aware of barriers you have not anticipated.
294
Invite participants to let you know during the workshop if new barriers arise.
Be sensitive to differences among participants.
As a general practice, both write and speak aloud important points made
by both you and participants.
Ask participants to decide when and for how long breaks will occur.
Plan extra time for participants with limited mobility to break into groups.
Be creative. Be prepared with more than one way of explaining important
concepts, processes and instructions.
3. Concluding and Following up the Workshop
Encourage participants to fnd ways to take action appropriate to their
concerns, disabilities, and advocacy.
In your evaluation ask everyone whether they felt they were able to participate fully and
equally.
Ask for feedback and advice on how to make future workshop more accessible.
PLANNING WORKSHOPS
Although workshops differ in their purpose, setting and duration, the chart below shows
the basic component of any interactive workshop and may serve as a planning tool.
OPENING AND INTRODUCTIONS
Plan what happens when participants arrive (e.g., how they are greeted, get
information, orient themselves). Be prepared to accommodate different kinds of
disability.
Plan how participants will get to know each other. Consider using several modes (e.g.,
verbal such as self-introductions, visual such as nametags).
GOALS AND EXPECTATIONS
State the purpose and goals of the workshop orally and in writing.
Some goals may be general and process orientated: to understand, to appreciate, to
now, to recognize. It is usually diffcult to evaluate your learning impact with goals of this
type (e.g., at the end of the workshop participants will understand shared leadership).
Other goals deal with concrete skills that you hope participants will acquire: to make,
to write, to plan, to construct, to produce, to identify, to compare, to assemble, to draw,
to solve, to measure.
PARTICIPANT EXPECTATIONS
Allow a time at the beginning for participants to state what they wanted to get out of
the workshop.
Be willing to admit that some expectations are not possible to meet, (e.g., not within
the capacity of the staff, the needs of the organization or the limitations for the funders),
but also be willing to change the direction of the workshop to include expectations
where possible, especially if many participants express that expectation.
AGENDA SETTING
Post a written agenda with times and names of presenters so participants know what
to expect.
The agenda belongs to the group. Consult with participants about the agenda. Does it
meet their needs (e.g., for covering the topic, allowing for breaks and rest)?
Especially in a workshop of several days, consult daily about the content and structure
of the agenda.
Read this aloud at the start of every session on the agenda.
295 ANNEXES
PRESENTATIONS AND LEARNING ACTIVITIES
If possible, have several different speakers and facilitators.
Use a variety of methodologies, keeping in mind that participants will have many
different learning styles.
Adapt activities to the needs, interests and abilities of the participants.
Anticipate sleepy after-lunch and early-morning periods.
OPPORTUNITIES FOR REFLECTION AND QUESTIONING
Plan on time within the workshop for participants to refect on what they are learning and
experiencing. This might be some kind of journal, discussion in pairs or small groups, or simply
a period of quiet.
Encourage participants to interject their questions or responses during the course of the
workshop and/or set aside several periods for open comments.
SUMMING UP AND EVALUATION
At the end of the workshop (or every day in a long workshop), remind participants
of the original goals and the activities and presentations that they have experienced in
pursuit of that goal.
Prepare some anonymous method for participants to evaluate the workshop, both
in terms of accomplishing its goals but also from the perspective of their individual
experience. Make available alternatives to written evaluations for those who need it.
Summarize and keep the evaluation feedback from very workshop you do. Use
it to improve your facilitation skills.
FOLLOWING UP
Provide a method for participants to stay in touch with each other and you and your
organization if they wish.
Evaluations done several weeks after a workshop can give you a different and
often more accurate sense of the effectiveness of your facilitation.
SAMPLE WORKSHOPS
With the adoption of the UN Convention on the Rights of Persons with Disabilities, disability
rights are now on the agenda of many groups and disability advocates are likely be called
upon to teach or lead workshops on human rights. Workshops based on the exercises and
materials provided in Human Rights. YES! may be highly effective for education and advocacy
for a wide range of groups, including:
Disabled peoples organizations
Mainstream human rights organizations
Parliamentary human rights committees
National human rights institutions
Election offcials
Primary and high school teachers
Employer associations
Tourism authorities
Faith-based communities
Development and humanitarian organizations
A more detailed set of sample workshops will be provided on the Human Rights. YES! website
(http://www.humanrightsyes.org). The following examples, which are derived from successful
workshops, provide some basic models for building workshops:
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1. HALF-DAY/ 3 1/2 - HOUR WORKSHOP MODEL
The Human Right of Persons with Disabilities to Education
Topic: The human right of persons with disabilities to education
Setting: In-service workshop for high school teachers
Participants: High school teachers
Objective: To raise awareness about inclusive education
Introductions 10 minutes
Each participant can pair off with another and share who they are and what brought them to
the workshop and/or what they hope to get from it. Then each partner introduces the other to
the whole group.
Agenda and Objectives of Workshop 5 minutes
Facilitator reviews the workshop agenda and objectives, commenting on how it can or cannot
fulfll participants expectations.
Exercise 13.2: Experiencing Education 45 minutes
Exercise is designed for participants to share personal stories of the education system and
persons with disabilities and evaluate ideas for how it ought to be.
Presentation: Introduction to the CRPD 15 minutes
Exercise 13.1: What Rights to Education Does the Convention
on the Rights of People with Disabilities Affrm? 30 minutes
Exercise introduces participants to the provisions and key concepts on education in the CRPD.
BREAK 10 minutes
Exercise 13.3: Identifying the Causes of Discrimination
in Education 30 minutes
Exercise encourages participants to examine discrimination in education systems and consider
how to take action against it
Exercise 13.4: Speaking Up for Education 30 minutes
Exercise allows participants to examine discrimination in education systems and consider how
to take action against it.
Closing Exercise 13.5: Making a Commitment 30 minutes
Closing exercise allows participants to refect on the notion that human rights involve both
rights and responsibilities and encourages them to take action to support the right of people
with disabilities to an education.
Evaluation 5 minutes
Distribute evaluation forms and collect.
297 ANNEXES
2. ONE-DAY/ 6-HOUR WORKSHOP MODEL
An Introduction to the Human Rights of Persons with Disabilities
Topic: Introduction to the human rights of persons with disabilities
Setting: National Disability Conference workshop
Participants: Disability advocates with little previous human rights education
Objectives: 1) To understand and explore human rights concepts and advocacy strategies;
2) To build human rights learning environments for disability advocates to
advance their advocacy around human rights issues;
3) To learn skills that participants can apply to their home communities.
Introductions 10 minutes
Each participant can pair off with another and share who they are and what brought them to
the workshop and/or what they hope to get from it. Then each partner introduces the other to
the whole group.
Agenda and Objectives of Workshop 5 minutes
Facilitator briefy reviews the workshop agenda and objectives, commenting on how it can or
cannot fulfll participants expectations.
Exercise 1.1: The Impact of Myths and Stereotypes about
Persons with Disabilities 45 minutes
Exercise designed to allow participants to share lived experiences with discrimination based on
myths and stereotypes and begin thinking about their impact on human rights.
Presentation: The Human Rights Framework 15 minutes
To introduce the fundamentals of human rights,
Exercise 1.2: The Interdependence of Rights 45 minutes
Exercise designed to examine the fundamental human rights contained in the UDHR and to
raise awareness of how these rights relate to each other.
BREAK 15 minutes
Presentation: The CRPD 15 minutes
To introduce the CRPD and rights-based approach to disability.
Exercise 1.3: Tree of Rights 45 minutes
Exercise designed to identify the range of human rights to which people with
disabilities are entitled.
Exercise 5: Language & Rights 45 minutes
Exercise to help understand the role that language can play in supporting both positive and
negative attitudes about the role of people with disabilities in society.
LUNCH 1 hour
Energizer 5 minutes
Re-engage the group with a quick energizer activity, such as Calling the Names in which
the group forms a circle and thinks of individuals who support, inspire or guide them in their
work. Each member calls out the name of that person, one by one. (Source: Nancy Flowers,
The Human Rights Education Handbook, 2000: http://www1.umn.edu/humanrts/edumat/
hreduseries/hrhandbook/activities/6.htm).
298
Exercise 13.1: What Rights to Education Does the Convention
on the Rights of People with Disabilities Affrm? 30 minutes
Exercise introduces participants to the provisions and key concepts on education in the CRPD.
BREAK 10 minutes
Exercise 13.4: Speaking Up for Education 60 minutes
Exercise allows participants to examine discrimination in education systems and consider how
to take action against it.
Closing Exercise 13.5: Making a Commitment 45 minutes
Closing exercise allows participants to refect on the notion that human rights involve both
rights and responsibilities and encourages them to take action to support the right of people
with disabilities to an education.
Evaluation 5 minutes
Distribute evaluation forms and collect.
299 ANNEXES
ANNEX 3
GENERAL RESOURCES
Web-based International Human Rights Law Libraries
Offce of the High Commissioner for Human Rights (International Human Rights Instruments):
http://www.unhchr.ch/html/intlinst.htm
University of Minnesota Human Rights Library:
http://www1.umn.edu/humanrts
General Resources on Human Rights and Disability
ACT (Advocating Change Together) (Information on disability rights advocacy particularly for
self-advocates with developmental disabilities):
http://www.selfadvocacy.org
Theresia Degener and Yolan Koster-Dreese, eds., Human Rights and Disabled Persons:
Essays and Relevant Human Rights Instruments (Martinus Nijhoff Publishers 1995).
Disabled Peoples International, Ratifcation Toolkit (On ratifcation advocacy for the
Convention on the Rights of Persons with Disabilities):
http://www.icrpd.net/ratifcation/en/index.htm
Disabled Peoples International, Implementation Toolkit (On implementation advocacy for the
Convention on the Rights of Persons with Disabilities):
http://www.icrpd.net/implementation/en/index.htm
Harvard Project on Disability, Harvard Law School (Information on the range of law, policy and
advocacy initiatives of the Project): (website pending at time of publication)
National Council on Disability, Understanding the Role of an International Convention on
the Human Rights of People with Disabilities: An analysis of the legal, social, and practical
implications for policy makers and disability and human rights advocates in the United States
(May 2002):
http://www.ncd.gov/newsroom/publications/unwhitepaper_05-23-02.html
Gerard Quinn and Theresia Degener, et. al., Human Rights Are for All: A Study on the Current
Use and Future Potential of the UN Human Rights Instruments in the Context of Disability
(OHCHR, February 2002):
http://www.ohchr.org/english/issues/disability/study.htm
United Nations Department of Economic and Social Affairs (Website offering info on the UN
Program on Disability and disability specifc resources):
http://www.un.org/disabilities
World Enable (Internet accessibility initiative providing information on a range of topics,
including the Convention on the Rights of Persons with Disabilities):
http://www.worldenable.net
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ANNEX 4:
A GLOSSARY FOR DISABILITY AND HUMAN RIGHTS
Note: Terms in this glossary are found in bold-face type in the text of Human Rights. YES!
Adoption: Usually refers to the initial diplomatic stage at which the offcial text of a treaty is
accepted (in the case of a UN treaty, by the General Assembly). After adoption, a treaty must
usually be ratifed by individual governments.
Affrmative action (also positive discrimination, reverse discrimination): Action taken by a
government or private institution to make up for past discrimination in education, employment,
or promotion on the basis of gender, race, ethnic origin, religion, or disability.
African Charter on Human and Peoples Rights (African Charter): A regional human rights
treaty for the African continent adopted by the Organization of Africa Unity (OAU) in 1981.
American Convention on Human Rights (American Convention, Pact of San Jose, Costa
Rica): A regional human rights treaty adopted by the Organisation for American States (OAS)
in 1969. It covers North, Central and South America.
Americans with Disabilities Act (ADA): Passed in 1990, this US Federal law provides
comprehensive civil rights protections with the aim of achieving full integration in society of
people with disabilities. By far the most forward-thinking disability legislation of its time, the
ADA has become a model for legislation in many other countries.
Article: A numbered section of a legal document such as a treaty or declaration. For
example, Article 7 of the Convention on the Rights of Persons with Disabilities addresses
children with disabilities.
Basic Principles for the Treatment of Prisoners: Adopted by the UN General Assembly
in 1990, this document sets out standards of good practice in the treatment of prisoners and
management of penal institutions. The main emphasis is on the need to safeguard the human
rights of the inmates.
Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment: Adopted by the UN General Assembly in 1992, this document sets out
standards for treatment of people held in any form of imprisonment, whether in a state prison
or some other form of detention.
Committee on Economic, Social and Cultural Rights: The body of independent experts
that monitors implementation of the International Covenant on Economic, Social and
Cultural Rights (ICESCR) by its States Parties.
Convention: Legally binding agreement between states; used synonymously with Treaty and
Covenant. Conventions are stronger than declarations because they are legally binding for
governments that have ratifed them. When the UN General Assembly adopts a convention, it
creates international norms and standards. Once a convention is adopted by the UN General
Assembly, Member States can then sign and ratify the convention, promising to uphold it.
Governments that violate the standards set forth in a convention can then be censured by the
UN.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT Torture Convention) (adopted 1984; entered into force 1987): Treaty
defning and prohibiting torture.
301 ANNEXES
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW,
Womens Convention) (adopted 1979; entered into force 1981): The frst legally binding
international document prohibiting discrimination against women and obligating governments
to take affrmative action to advance the equality of women.
Convention on the Rights of Persons with Disabilities (CRPD) (adopted 2006; opened for
signing 2007): Treaty defning the rights of persons with disabilities under international human
rights law; frst international treaty on disability rights.
Convention on the Rights of the Child (CRC, Childrens Convention) (adopted 1989;
entered into force 1990): Treaty setting forth a full spectrum of civil, cultural, economic, social,
and political rights for children.
Covenant: Binding agreement between states; used synonymously with convention and
treaty. The major international human rights covenants, both adopted by the General
Assembly in 1966, are the International Covenant on Civil and Political Rights (ICCPR)
and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Declaration: Document stating agreed-upon standards but which is not legally binding. UN
conferences (e.g., the1993 UN Conference on Human Rights in Vienna, the 1995 World
Conference for Women in Beijing) usually produce two sets of declarations: an offcial
document written by government representatives and an unoffcial document written by
Nongovernmental Organizations (NGOs). The UN General Assembly often issues infuential
but legally nonbinding declarations.
Declaration on the Rights of Persons Belonging to National, or Ethnic, Religious and
Linguistic Minorities (adopted 1992): Instrument that recognizes and protects the existence
and the national or ethnic, cultural, religious and linguistic identity of minorities.
De facto equality: Equality that exists in practice and peoples lived experience as well as in
law. De facto equality is achieved only when discrimination is truly absent and people enjoy
their rights on an equal basis with others.
Entry into force: The process through which a treaty becomes fully binding on the states that
have ratifed it. This happens when the minimum number of ratifcations called for by the
treaty has been achieved.
Equality of opportunity: Equality based on peoples ability to be included and enjoy
opportunities on the same basis as all other people.
European Convention for the Protection of Human Rights and Fundamental Freedoms
(European Convention, European Convention on Human Rights, ECHR): A regional human
rights treaty adopted in 1950 by the Council of Europe. All Council of Europe member states
are party to the ECHR, and new members are expected to ratify the convention at the earliest
opportunity.
Formal equality: Concept of equality that people who are alike should be treated equally and
judged on their actual characteristics. Formal equality in employment, for example, would
demand that applicants for a job be evaluated on their relevant experience, background, and
skills, and that the selection process neither favor nor disfavor anyone based on other factors,
such as race, social standing, family connections or other non-relevant matters.
Fulfll human rights: The obligation to fulfll human rights means that States must take
positive action to ensure that everyone, including people with disabilities can exercise their
302
human rights. They must adopt laws and policies that promote human rights. They must
develop programs and take other measures to implement these rights. They must allocate the
necessary resources to enforce laws and fund programmatic efforts.
General Comment: A written statement by the committee that monitors a UN treaty (e.g.,
Committee on Economic, Social and Cultural Rights) advising States Parties how best to
fulfll their obligations under that treaty. They also analyze and interpret the meaning, content
and scope of a treaty.
Habilitation: Effective and appropriate measures aimed to help people attain and maintain
maximum independence and full inclusion and participation in all aspects of life and for the
beneft of people who are born with a disability or acquire a disability at an early age, to
empower them to reach their full potential as they learn and grow. By contrast, rehabilitation
refers to re-gaining and maintaining maximum independence and full inclusion after acquiring
a disability or a change in ones disability.
Human Rights Committee: The body of independent experts that monitors implementation of
the International Covenant on Civil and Political Rights by its States Parties.
Inalienable: Refers to the principle that human rights belong to every person and cannot be
taken from a person under any circumstances. Human rights automatically belong to each
human being. They are not given to people by their government or any other authority, nor can
they can be taken away.
Inclusive education: The education of all children, youth and adults - with and without
disabilities - in the general education system of their community. Inclusion involves having
access to education with appropriate networks of support and changing the policies, practices,
and attitudes within the school system to remove barriers to their learning.
Independent living movement: Part of global advocacy for disability rights, the independent
living movement is based on the premise that any person with disabilities should have the
choice of living in the community. This can be accomplished through the creation of personal
assistance services allowing an individual to manage his or her personal care, to keep a home,
to have a job, go to school, worship, and otherwise participate in the life of the community.
Indivisible: Refers to the principle that each human right is of equal importance. A person
cannot be denied a right because someone decides it is less important or nonessential.
Informed consent: Refers to the process by which a person is provided with the information
necessary to fully participate in decisions about his or her health care. Based on a patients
right to direct what happens to his or her body and the ethical duty of the physician to involve
the patient in decision-making.
Inherent: Principle that human rights are a natural part of who you are. The text of Article 1 of
the Universal Declaration of Human Rights (UDHR) begins All human beings are born free
and equal in dignity and rights.
Instrument: A formal, written, offcial document, such as a treaty or declaration, in which a
State expresses its intention to uphold certain human rights principles or norms. May be legally
binding or nonbinding. May be global, regional, or national.
Integrated Education: Placing children with disabilities in the general education system
with the expectation that they adapt or ft in to the existing system and culture and without
providing necessary supports and removing barriers to their learning; differs from inclusive
303 ANNEXES
education, which supplies these supports and accommodations.
Inter-American Convention on the Elimination of all forms of Discrimination against
Persons with Disabilities: Treaty adopted by the Organisation for American States (OAS) in
1999; frst regional treaty specifcally addressing disability rights.
Interdependent: Refers to the complementary and interrelated framework of human rights law.
For example, your ability to participate in your government is directly affected by your right to
express yourself, to get an education, and even to obtain the necessities of life.
Intergovernmental organizations (IGOs): Organizations sponsored by several governments
that seek to coordinate their efforts; some are regional (e.g., the Council of Europe, the
Organisation of American States), some are alliances (e.g., the North Atlantic Treaty
Organization); and some are dedicated to a specifc purpose (e.g., the World Health
Organisation, International Labour Organisation).
International Bill of Human Rights: The combination of the Universal Declaration of
Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR)
and its Optional Protocol, and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR).
International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD, Race Convention) (adopted 1965; entered into force 1969): Treaty defning and
prohibiting racial discrimination.
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (ICRMW) (adopted 1990; entered into force 1998): Treaty
defning the rights of migrant workers and their families.
International Covenant on Civil and Political Rights (ICCPR)(Adopted 1966; entered into
force 1976): The ICCPR declares that all people have a broad range of civil and political rights.
One of the components of the International Bill of Human Rights .
International Covenant on Economic, Social, and Cultural Rights (ICESCR) (Adopted
1966; entered into force 1976): The ICESCR declares that all people have a broad range
of economic, social, and cultural rights. One of the components of the International Bill of
Human Rights.
International humanitarian law: Part of international law that applies in times of armed
confict; creates protected status for certain persons including civilians, help for victims and
limits to methods of warfare to minimize destruction, loss of life and unnecessary human
suffering. Mainly comprises the Geneva Conventions of 1949.
International Labor Organisation (ILO): An intergovernmental organization established in
1919 as part of the Versailles Peace Treaty to improve working conditions and promote social
justice; the ILO became a Specialized Agency of the UN in 1946.
Interrelated: Refers to the concept that human rights are complementary and affect each
other.
Legal capacity: 1) the recognition of someone as a person before the law; ensures that
people are legally considered persons and not just objects or the property of others; and 2)
the capacity to act; ensures that people are able to exercise their legal capacity, for example
regarding fnancial matters.
304
Nonbinding: A document, like a declaration, that carries no formal legal obligations. It may,
however, carry moral obligations or attain the force of law as customary international law.
Nongovernmental organization (NGO): An organization formed by people outside of
government. NGOs monitor the proceedings of human rights bodies such as the Human
Rights Committee. Some are large and international (e.g., the Red Cross/Crescent, Amnesty
International, the Scouts); others may be small and local (e.g., an organization to advocate
for people with a particular kind of disability in a particular city). NGOs play a major role in
infuencing UN policy; many of them have offcial consultative status at the UN.
Offce of the High Commissioner for Human Rights (OHCHR): An offce of the United
Nations Secretariat mandated to promote and protect all rights established in international
human rights laws and treaties. Located in Geneva, the OHCHR works to prevent human
rights violations, secure respect for all human rights, promote international cooperation to
protect human rights, and coordinate related activities throughout the United Nations.
Protocol: A treaty which relates to or modifes another treaty (e.g., adding additional
procedures or substantive provisions); Called an optional protocol because a government
that has ratifed the original treaty can choose whether or not to ratify the changes made in the
protocol.
Positive discrimination: See affrmative action.
Protect human rights: The obligation to protect human rights means that the State is required
to protect everyone, including people with disabilities, against abuses by non-State actors,
such as individuals, businesses, institutions, or other private organizations.
Ratifcation, Ratify: Process by which the legislative body of a state confrms a governments
action in signing a treaty; formal procedure by which a state becomes bound to a treaty after
acceptance.
Reasonable accommodation: Necessary and appropriate modifcations or adjustment to
a practice, program, or physical environment so that it is accessible, appropriate, and usable
for a person with disabilities on an equal basis with others. Under US law such modifcations
should not involve undue hardship on the person or entity required to provide it.
Rehabilitation: Effective and appropriate measures aimed at helping people attain and
maintain maximum independence, full physical, mental, social and vocational ability and
full inclusion and participation in all aspects of life as a result of acquiring a disability or a
change in ones disability or circumstances. By contrast, habilitation refers to helping people
who are born with a disability or acquire one at an early age attain and maintain maximum
independence and full inclusion.
Respect for human rights: The obligation to respect human rights means that States must
not interfere with the exercise and enjoyment of the rights of people with disabilities. They
must refrain from any action that violates human rights. They must also eliminate laws,
policies and practices that are contrary to human rights.
Reverse discrimination: See affrmative action.
Signing, Sign: In human rights the frst step in ratifcation of a treaty; to sign a Convention, or
one of the Covenants constitutes a promise to refrain from undermining the principles in the
document and to honor its spirit.
305 ANNEXES
Special Rapporteur: A person chosen by the UN to report on a particular theme (e.g., on the
sale of children, child prostitution and child pornography; on violence against women) or on
the human rights situation in a particular country. In 1993 the Standard Rules established a
Special Rapporteur on Disability, who reports annually on the implementation of the Standard
Rules and whose mandate is subject to periodic renewal.
Standard Rules: See UN Standard Rules on the Equalization of Opportunity for Persons
with Disabilities.
State: Often synonymous with country; a group of people permanently occupying a fxed
territory having common laws and government and capable of conducting international affairs.
State Party (plural States Parties): Those countries that have Ratifed a Covenant or a
Convention and are thereby bound to conform to its provisions.
Treaty: Formal agreement between states that defnes and modifes their mutual duties
and obligations; used synonymously with Convention and Covenant. When conventions are
adopted by the UN General Assembly, they create legally binding international obligations for
the Member States who have signed the treaty. When a national government ratifes a treaty,
the articles of that treaty become part of its domestic legal, constitutional obligations.
United Nations Charter: Initial document of the UN setting forth its goals, functions, and
responsibilities; adopted in San Francisco in 1945.
UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities
(Standard Rules): Adopted by the General Assembly in 1993, this nonbinding instrument
represents a strong moral and political commitment of governments to take action to attain
equalization of opportunities for persons with disabilities. Its 22 rules cover all aspects of
life of disabled persons and serve as a basis for policy-making and technical and economic
cooperation.
A Special Rapporteur monitors the implementation of the Rules.
Universal: Human rights apply to every person in the world, regardless of their race, color,
sex, ethnic or social origin, religion, language, nationality, age, sexual orientation, disability,
or other status. They apply equally and without discrimination to each and every person. The
only requirement for having human rights is to be human.
Universal Declaration of Human Rights (UDHR) (Adopted by the UN General Assembly on
December 10, 1948): Primary UN document establishing human rights standards and norms.
All UN Member States have agreed to uphold the UDHR. Although the UDHR was intended to
be nonbinding, through time its various provisions have become so respected by states that it
can now be said to be customary international law. One component of the International Bill of
Rights.
Universal design: the design of products, environments, programs and services to be usable
by all people, to the greatest extent possible, without the need for adaptation or specialized
design. A curb cut, for example, serves many people (e.g., parents with strollers, people with
rolling luggage, wheelchair users, blind people on the curb, cyclists).
World Health Organisation (WHO): an intergovernmental organization under the auspices of
the United Nations that works to promote health worldwide.
306
ANNEX 5: INDEX
Abuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 6, Torture and Abuse
In prison settings Chapter 6, Freedom from Torture/Abuse
Of children Chapter 6, Freedom from Torture/Abuse
Of women Chapter 16, Women
Accessibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2, Accessibility
Attitudinal Chapter 2, Accessibility
Informational Chapter 2, Accessibility;
Chapter 3, Expression and Opinion
Institutional Chapter 2, Accessibility;
Chapter 3, Expression and Opinion
Physical Chapter 2, Accessibility
To courts and legal services Chapter 12, Access to Justice
To healthcare Chapter 8, Health; Chapter 16, Women
To justice system Chapter 12, Access to Justice
To public services Chapter 3, Participation in Political and Public Life
To rehabilitative services Chapter 16, Women
To sports and cultural events Chapter 14, Sport and Culture
Advanced Health Care Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 8, Health
Armed confict Part 1, Human Rights; Chapter 5, Right to Life
Assisted suicide Chapter 5, Right to Life
Children Chapter 15, Children
Abuse of Chapter 7, Privacy, Integrity, Home, and the Family;
Chapter 6, Torture and Abuse
In institutions Chapter 6, Torture and Abuse
Parents and families of Chapter 15, Children
Personal integrity Chapter 7, Privacy, Integrity, Home, and the Family
Right to education Chapter 13, Education; Chapter 15, Children
Right to participation Chapter 15, Children
Right to play Chapter 14, Sport and Culture
Cultural and Linguistic Identity . . . . . . . . . . . . . . . . . . . . . . .Chapter 14, Sport and Culture
Decision Making
In healthcare Chapter 8, Health
Supported decision making Chapter 11, Independence and Dignity
In development decision Chapter 18, Other Populations
Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 17, Other Populations
Discrimination
In health care Chapter 8, Health
Multiple discriminations Part 1, Human Rights; Chapter 18, Other Populations
Do-not-resuscitate (DNR) Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5, Right to Life
Education
Childrens right to Chapter 15, Children
Inclusive Chapter 13, Education
Integrated Chapter 13, Education
Qualifed teachers Chapter 13, Education
Quality education Chapter 13, Education
Right to Chapter 13, Education
Womens right to Chapter 16, Women
Emergencies and Natural Disasters . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5, Right to Life
Equality and Non-discrimination
De facto equality Chapter 1, Equality and Non-discrimination
Equality of opportunity Chapter 1, Equality and Non-discrimination
Formal equality Chapter 1, Equality and Non-discrimination
Women Chapter 16, Women
307 ANNEXES
Eugenics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5, Right to Life
Euthanasia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5, Right to Life
Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 6, Torture and Abuse
Family
Decision making in Chapter 16, Women
Right to Chapter 7, Privacy, Integrity, Home, and the Family
Rights to live with Chapter 7, Privacy, Integrity, Home, and the Family
Rights to marry Chapter 7, Privacy, Integrity, Home, and the Family;
Chapter 16, Women
Gender Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 16, Women
Health/Healthcare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 8, Health
And habilitation/rehabilitation Chapter 8, Health
Decision making Chapter 8, Health
Reproductive Chapter 16, Women
Habilitation/Rehabilitation . . . . . . . . . . . . . . . . . . . . .Chapter 9, Habilitation/Rehabilitation
Womens access to Chapter 16, Women
HIV-AIDS . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 8, Health; Chapter 17, Other Populations
Independent Living . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 11, Independence and Dignity
Independent Living Movement Chapter 9, Habilitation/Rehabilitation;
Chapter 11, Independence and Dignity;
Chapter 16, Women
Right to Chapter 11, Independence and Dignity
Indigenous Peoples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 17, Other Populations
Informed Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 8, Health
Information
Access to
In plain language Chapter 4, Freedom of Expression and Opinion
Privacy of Chapter 7, Privacy, Integrity, Home, and the Family
To Internet Chapter 4, Freedom of Expression and Opinion
Institutional Living
Children in Chapter 6, Freedom from Torture/Abuse
Dangers to life Chapter 5, Right to Life
Independent living Chapter 11, Independence and Dignity
Violence in Chapter 6, Freedom from Torture/Abuse
Internet
Access to Chapter 2, Accessibility; Chapter 3, Participation in Political and Public Life
International Labour Organisation (ILO) . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 10, Work;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 9, Habilitation/Rehabilitation
Legal Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 11, Independence and Dignity
Marriage . . . . . . . . . . . . . . . . . . . . . . . . Chapter 7, Privacy, Integrity, Home, and the Family
Womens right to Chapter 16, Women
Myths and Stereotypes . . . . . . . . . . . . . . . . . . . . . Part I, Human Rights; Chapter 8, Health
Participation
Of children Chapter 15, Children
In decision making Chapter 11, Independence and Dignity;
Chapter 17, Other Populations
In designing programs Chapter 9, Habilitation/Rehabilitation; Chapter 16, Women
In elections Chapter 3, Participation in Political and Public Life
In healthcare decisions Chapter 8, Health
In organizations Chapter 3, Participation in Political and Public Life
In political and public life Chapter 3, Participation in Political and Public Life
Peer Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 9, Habilitation/Rehabilitation
Personal Assistants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 7, Privacy
Physician Assisted Suicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 5, Right to Life
Poverty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 17, Other Population
308
Prison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 6, Freedom from Torture/Abuse
Psycho-social disabilities
Abuse of people with Chapter 6, Freedom from Torture/Abuse
Habilitation and rehabilitation Chapter 8, Health
Reasonable accommodation
and accessibility Chapter 2, Accessibility
compared to habilitation Chapter 9, Habilitation/Rehabilitation
defned Part 1, Human Rights
essential to equality Chapter 1, Equality and Non-discrimination
in education Chapter 13, Education
Rehabilitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 9, Habilitation/Rehabilitation
Sexuality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 7, Privacy
Reproductive health care Chapter 16, Women
Sexual violence and abuse Chapter 6, Torture and Abuse; Chapter 16, Women
Sexual privacy Chapter 7, Privacy
Sport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 14, Cultural Life/Sport
Torture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 6, Freedom from Torture
and Other Forms of Abuse
Transportation/Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 14, Cultural Life/Sport
Security checks Chapter 7, Privacy
Tourism Chapter 14, Cultural Life/Sport
Universal Design
And accessibility Chapter 2, Accessibility
For learning Chapter 13, Education
Violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 6, Freedom from Torture
and Other Forms of Abuse
Against children Chapter 7, Privacy, Integrity, Home, and the Family;
Chapter 15, Children; Chapter 16, Women
Against women Chapter 16, Women
From caregivers Chapter 16, Women
Women with Disabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 16, Women
As activists Chapter 16, Women
Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 10, Right to Work
Awareness raising Chapter 10, Right to Work
Discrimination against women Chapter 16, Women
World Health Organisation (WHO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Chapter 8, Health;
Chapter 9, Habilitation/Rehabilitation

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