Convention on the Rights of Persons with Disabilities
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The Convention on the Rights of Persons with Disabilities is a convention, that is, international agreement for rights and freedom of any person with disability of any kinds made according to laws based on Universal Declaration of Human Rights called "international human rights law".
This convention was adopted by the United Nations General Assembly in 13 December 2006 and have given authority since 3 May 2008. Up to November 2015, 160 countries have ratifies, that is have promised the United Nations to realize this convention. And on 23 December 2010, European Union has collectively ratified this convention.(see data of other websites)
This convention also include meetings to watch for the realization of this convention and persons with disability also can take part in this.
Main Contents[change | change source]
Recalling the authority of the Universal Declaration of Human Rights, conventions based on it, and the main idea of the Vienna Declaration including sustainable development, and thinking of the fact that many people with disabilities suffer form domestic violence, neglect and live in poverty, they affirm that all are responsible to protect them and promote all human rights because a person has duty for other person and the community to which the person belongs.
Article 1. (Purpose)
The purpose of this convention is to promote, protect and ensure that all persons with disabilities enjoy all human rights and freedoms and to respect their dignities. The disabilities include of body, of mind, developing and sensory (mute, deaf, blind) ones.
Article 2. (Meaning of words)
- Communication also mean language, display of text, Braille, communication by touch, large writing, audio, simple languages, human-reader, information technology and other ways of nonverbal communication.
- Language includes sign language, and other non spoken language, as well as spoken one.
- Discrimination on the basis of disabilities means any distinctive, excluding or limitation or lacking reasonable accommodation.
- Reasonable accommodation means necessary aid and support for person with disability to enjoy all human rights.
- Universal design is the design of products and service that all people can use.
Article 3. (General principles)
The principles of this convention are;
- (a) Respect for dignity, autonomy including the freedom to make one's own choice.
- (b) Non-discrimination.
- (c) Accept fully in society.
- (d) To respect and accept persons with disabilities as human characters.
- (e) To be equal for chance.
- (f) Fair accessibility.
- (g) To be equal between men and women.
- (h) To respect for accepting children with disabilities.
Article 4. (general obligation)
Countries must ensure and promote full realization of human rights of persons with disabilities by changing and abolishing national law, and practices against this Convention should be stopped.
Article 5. (Equality)
Countries must forbid all discrimination because of disability and protect all persons against discrimination on all reasons.
Article 6. (Women)
Article 7. (Children)
In all action about children with disabilities, the best happiness of them must be considered first of all.
Article 8. (Raising Awareness)
Article 9. (Accessibility)
Countries must do any policy for person with disabilities to get equally as others the access to environment, to movement, to communication and information technology also though Braille, sign language, and Internet.
Article 11. (Situations of risk and humanitarian emergency)
Article 12. (Equal admittance before the law)
Countries must admit that person with disabilities enjoy doing legal capacity equally with others through all the life. This includes the person's own property, to control their own money, and access to bank loan and financial credit and they are not deprived because of disability. But the legal capacity must be protected from abuse according to international human rights law and against conflict of interest.
Article 13. (Access to justice)
Person with disabilities has the right to access to the justice and court equally with other persons. To help this countries must do training for police and staff in prison. This Ariticle is cited with Article 12 by UN Office on Drugs and Crime.
Article 15. (Freedom from cruel and inhuman treatment)
Countries must do any policy to protect persons with disability from all violence and abuse, and to be abused for benefit.
Article 17. (The healthy worth of the person)
All person with disabilities have rights to be respected their physical and mental healthy worth.
Article 18. (Liberty of moving and nationality)
Countries must admit that persons with disabilities have rights to move freely and to choose freely their place to live and nationality.
Article 19. (Living by oneself and being accepted in society)
Countries must admit that persons with disabilities have rights to take part in society and not to be isolated and segregated from society.
Article 20. (Personal moving)
Countries must do any policy for persons with disabilities to get personal moving aides and support at cheap cost.
Article 22. (Respect for private life)
Countries must protect the private life of persons with disabilities about their own health and rehabilitation information.
Article 23. (Respect for home and family)
Countries must do all policy to abolish discrimination against persons with disabilities about marriage, family, adoption, being parents and relationships. Any compulsory sterilization must be prohibited.
Article 24. (Education)
Countries must admit that persons with disabilities have the right to inclusive education without discrimination and with equal chance, also education for adult and lifelong learning. The aim of education is to develop human dignity, self-worth, self-esteem, and respect for human rights and human diversity, and for person with disabilities to develop their personality, talents, and creative nature. And for their full and equal participation in education as members of the community, countries must make it easy to learn Braille and sign language and also employ teachers with disabilities for this end.
Article 25. (Health)
Countries must admit that persons with disabilities have the rights to enjoy the highest possible standard of health without discrimination and with informed consent.
Article 26. (Habilitation and rehabilitation)
Counties must do habilitation and rehabilitation, that is aid to help independence and full physical, mental, social and vocational ability for the persons with disabilities, as early as possible with consideration of the individual needs and strengths of the persons, and also through peer support.
Article 27. (Right to work )
Countries must admit the right of person with disabilities to work in just, good, safe and healthy condition and do policy that forbid all discrimination and bullying because of disability, and further must promote chance for person with disabilities to do self-work, entrepreneur and start one's own business. They must make more jobs for persons with disabilities also in public sector. Any unfree labour must be prohibited.
Article 28. (Good standard of living)
Countries must admit that person with disability have the right to an adequate standard of living including right to housing without discrimination and must give social protection or welfare, especially for women and girls, and also financial aid for person in poverty.
Article 29. (Taking part in political and public life)
Countries must admit that person with disabilities have the rights to take part in in political and public life, also rights to be elected.
Article 30 (Taking part in culture)
Countries must admit that persons with disabilities have the right to take part in in cultural life and enjoy recreation, leisure and sports without discrimination and with reasonable support. And persons with disabilities must be given the chance to grow and use their own creative and intellectual or artistic capacity, not only for themselves but for better society, and their own identity on culture and language including sign language and culture of persons with disabilities.
Article 33 (Application in national level)
Countries must make a national human rights institution to realise this Convention and to watch the condition of the application of this, and make persons with disabilities enable to participate the institution.
Article 34 (Committee on the rights of persons with disabilities)
United Nations will make the Committee on this Convention by countries to realise this Convention.
Article 49 (Format accessible for all)
This Convention must be published in a way accessible for all.
Optional Protocol[change | change source]
This Convention has also have an agreement that can accept a claim of a single person who has got an offense by a country where the person lives. That is called Optional Protocol but until November 2015 only 88 countries have ratified to United Nations to realize that.(see data of other websites)
Notes[change | change source]
- Handbook on prisoners with special needs, pp 47-48
- Report of United Nationa on torture (A/HRC/22/53), para 57-70
Related pages[change | change source]
- Reasonable accommodation
- inclusive education
- Human rights
- Universal Declaration of Human Rights
- Disability Discrimination Act 1995