Common Questions about developing a convention about disabled people
Some common questions about the need for a new United Nations Convention and New Zealand's role with its negotiations.
Why do we need a convention about disabled people?
The UN undertook a review that showed existing UN human rights instruments have not protected people with disabilities from human rights abuses. Subsequently, the UN decided that a separate convention is needed to make disability issues more visible within human rights, ensure the particular circumstances of disabled people are addressed, and clarify countries’ obligations and requirements.
Who is asking for the convention?
For some years, international disability-related non-government organisations and UN members have discussed developing a convention specific to disabled people. Early initiatives for this were rejected on the grounds that existing human rights instruments provided sufficient protection. However, support for a specific convention has steadily increased, due in particular to the international disability movement’s concern at the lack of effectiveness of the current non-binding instruments. In New Zealand, there is wide support in the disability sector and from disabled people for the development of a convention and for the Government to take an active role in this process.
What will the convention look like?
As with other UN conventions, it will likely consist of a series of articles on the rights of disabled people, with more specific principles detailing the nature of these rights. A convention is a legally binding treaty that involves ongoing reporting processes and action by States. States that have become Parties to an international convention are legally bound to implement the provisions contained in the convention in their domestic laws. However, it is left up to each State to decide how it does this. Options include direct implementation (such as a law stating the requirement of the convention as a “bill of rights”), or through enacting new or existing legislation to give effect to the convention, or by incorporating the provisions in a nation’s legal system (such as in a constitution).
How is the convention being developed?
The process being used for developing the convention is a different way of working at the UN. Starting with the second Ad Hoc Committee meeting (in June 2003) and as extended with the Working Group meeting (in January 2004), there has been a greater effort to be inclusive of non-government organisations (as representatives of the disability sector and disabled people directly), rather than just involving Member States. This more inclusive approach includes such steps as making information available in a variety of accessible formats, allowing non-government representatives to participate in discussions and ensuring meetings rooms are accessible to meet a range of needs. This is without precedent at the UN. It signals an encouraging move to greater disability awareness and further changes to promote accessibility in the wider UN system.
What is New Zealand doing about the proposed convention?
In May 2003, Cabinet agreed that New Zealand was well placed to take an active role in the development of the convention and that the Office for Disability Issues would coordinate the New Zealand Government’s engagement, in association with the Ministry of Foreign Affairs and Trade. The Office also works closely with the New Zealand Human Rights Commission, and in partnership with representatives of disabled people.
The government demonstrated its partnership approach by funding two disabled people to travel and participate in the 2nd Ad Hoc Committee meeting in June 2003, which provided crucial momentum and scope for the development of the convention. They were included as full members of the New Zealand delegation, working alongside government representatives.
The Office has a continuing role in discussions at the UN on the convention, including ongoing promotion of the participation of disabled people in the process.
Further information: see media releases and Cabinet papers.
Who will make the final decision on the convention?
After a consensus has been reached on its content and the discussion process with the Ad Hoc Committee has ended, the UN General Assembly will vote whether to approve and enforce the convention.
How can disabled people be involved or find out what’s happening?
Disabled people can keep informed of developments with the convention by accessing the UN website, as well as keeping in touch with information updated and provided on the Office website and its newsletter.
Disabled people can also keep informed or get involved through contact with local disability sector organisations (such as DPA), the New Zealand Human Rights Commission: or through contact with international disability organisations such as:
Has the UN done anything else on disability?
Reflecting a global trend in the approach to disability, over the last 20 years the UN has moved from a welfare perspective to a development and human rights perspective. The International Year of Disabled Persons in 1981 was a significant milestone promoting this shift in thinking, and was embodied in the World Programme of Action concerning Disabled Persons adopted in 1982. This approach was further development during the United Nations Decade of Disabled Persons (1983-1992) and led to the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1994.
In 1992, the United Nations proclaimed 3 December of each year as International Day of Disabled Persons. This aims to promote a better understanding about disability issues and increasing awareness of gains from the integration of disabled persons in every aspect of political, social economic and cultural life around the world.
Further information: The United Nations and Disabled Persons: The First 50 Years.
Are there any current international laws or treaties that protect the rights of disabled people?
The UN has six core human rights instruments that are binding on member States. These apply to all people including disabled people, however, they do not include a specific focus on disabled people. These instruments are the:
- International Covenant on Economic, Social and Cultural Rights
- International Covenant on Civil and Political Rights
- International Convention on the Elimination of all forms of Racial Discrimination
- Convention on the Elimination of all forms of Discrimination Against Women
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- UN Convention on the Rights of the Child.
Other UN instruments for human rights do specifically apply to disabled people, but are non-binding. These include the:
- Declaration on the Rights of Disabled Persons 1975
- World Programme of Action concerning Disabled People 1982
- Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care 1991
- UN Standard Rules of the Equalisation of Opportunities for Persons with Disabilities adopted by the General Assembly in December 1993.
Further information: Overview of International Legal Frameworks For Disability Legislation.