UNITED NATIONS CONVENTION

on the RIGHTS of PERSONS with DISABILITIES (UNCRPD)

1.      Adopted by UN on 13 Dec 2006

2.      Opened for Signature on 30th Mar 2007

3.     India signed on 30th Mar 2007 and ratified on Oct 2007

4.     The Convention on the Rights of Persons with Disabilities received its 20th ratification on 3 April 2008 and the Convention and its Optional Protocol have come into force 30 days later (3 May 2008)

5.     It is a Human Rights Convention

6.     Objective

a.     To promote, protect and ensure that All human rights and freedoms of all people with disabilities are enjoyed, promoted and protected

b.     The dignity of people with disabilities is respected

7.     The Convention, in Article 1, further does not limit to only the 7 disabilities (Blindness, Low vision, Leprosy-cured, Hearing impairment, Loco motor disability, Mental retardation and Mental illness) that have been mentioned in the Persons with Disabilities Act but has opened up a wider definition as - “People with disabilities who have long-term impairments, for example, physical, psycho-social, intellectual and who cannot get involved in society because of different reasons, such as attitudes, language, stairs, and laws, which prevent people with disabilities from being included in society.”  This broad based definition and the recognition of various barriers posed by society assists us to develop a more holistic and sensitive approach in addressing the discriminations faced by persons with disabilities in society.

8.     The CRPD is quite a long document (50 articles!)

9.     Articles 1 to 9 -  General Application – Purpose, definition, principles, women with disabilities, children with disabilities etc

10.                        Articles 10 to 20 – Civil Political Rights – Right to Life, Equal before Law, Freedom from Torture, Exploitation, Violence, Abuse, Liberty of Movement, Being included in the Community

11.                        Articles 21 to 30 - Socio Economic Cultural Rights – Education, Health, Livelihood, Social Protection, Participation in Cultural life

12.                       Articles 31 to 40 - Implementation and Monitoring Measures – Data collection, reports

13.                       Articles 41 to 50 - Rules that govern the operation of the Convention – translations, amendments

14.                        Further, this convention by design is not limited to only Govt. establishments. The Convention states that private businesses and organizations that are open to the public have to take initiatives to “eliminate barriers that people with disabilities face in buildings, the outdoors, transport, information, communication and services”.

15.                        What are the expectations from this Convention

a.     Increase the visibility of PWD

b.     Clarify the human rights of PWDs, and ensure governments make legislative and programmatic changes for its implementation

c.      Establish systems for comprehensively monitoring the human rights situation of persons with disabilities

d.     Establish systems for international cooperation, through which governments, disability organizations and other actors can share knowledge and ideas and work together to improve the lives of PWDs.

Compiled by: C. Mahesh, Advocacy Coordinator, CBR Forum, advocacy.cbrforum@gmail.com