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The Preamble to the convention talks about the importance of promoting and protecting the human rights of all persons with disabilities. Like other international Human Rights instruments this convention also recalls the basic principles of the United Nations and specific provisions to certain relevant human rights treaties and proclamations. Amongst other issues, the Preamble also addresses importance of mainstreaming disability as an integral part of sustainable development, importance of adopting a gender perspective, and the need to pay specific attention to the women and girls with disabilities who are at risk within and outside the Homes, children with disabilities, and indigenous persons with disabilities.
The Preamble to the convention is positive in stating that the convention will make a significant contribution to redressing the profound social disadvantages 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.
Article 1 (purpose) the purpose of the 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.
The article also states that 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 (Definitions) of the Convention lays down the definition of the terms Communication, Language, Discrimination on the basis of disability, Reasonable accommodation and Universal design.
The articles in this section address important principles and concepts that are relevant to the understanding, interpretation and implementation of all the other articles in the Convention. The interpretation and implementation of the CRPD should always be consistent with the principles and obligations discussed in Articles 3-9.
sets forth eight important principles that should be applied in the interpretation and implementation of all the other articles. They are:
(a) Respect for inherent dignity, individual autonomy including the freedom to make one’s 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.
describes the range of actions States Parties must take “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.” These actions include (amongst others) changing legislation, addressing disability in all policies and programmes, undertaking research, and promoting training. In addition, States Parties must “closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.” The Article notes that economic, social and cultural rights are subject to progressive realization, though that does not prevent the immediate implementation of any economic, social and cultural rights, where possible.
recognizes that all persons are equal before the law; requires States Parties to prohibit all discrimination on the basis of disability; and guarantees to persons with disabilities equal and effective legal protection against discrimination on all grounds. States Parties must provide reasonable accommodation in order to promote equality and eliminate discrimination. Specific measures “necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination” under the Convention.
recognizes multiple discrimination women and girls with disabilities face and obligates States Parties to take measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms by women and girls with disabilities. States Parties must also ensure “the full development, advancement and empowerment of women,” so that women may exercise and enjoy the human rights and fundamental freedoms in the Convention.
obligates States Parties to take all necessary measures to ensure the full enjoyment of all human rights and fundamental freedoms by children with disabilities on an equal basis with others. It requires that the “best interests of the child” be the “primary consideration” in “all actions concerning children with disabilities.” States Parties must also ensure that children with disabilities have the “right to express their views freely on all matters affecting them,” that they receive assistance to realize this right, and that their views be given due weight.
obligates States Parties to take a variety of measures to raise awareness throughout society regarding persons with disabilities, and to “foster respect for the rights and dignity of persons with disabilities.” States Parties must also “combat stereotypes, prejudices and harmful practices,” and promote awareness of the “capabilities and contributions of persons with disabilities.”
obligates States Parties to take appropriate measures to ensure access to persons with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, and “other facilities and services open or provided to the public, both in urban and in rural areas.” The Article then lists some of the places, amongst others, where barriers to access should be identified and eliminated (e.g. schools, communications services), and provides for a variety of measures that should be taken to accomplish this (e.g. providing training on accessibility issues to stakeholders, and providing signage in Braille and easy to read and understand forms).
The articles in this section address a variety of specific human rights, and discuss how those rights should be understood and applied in the disability context so that persons with disabilities can fully enjoy their human rights.
The articles in this section address a variety of specific human rights, and discuss how those rights should be understood and applied in the disability context so that persons with disabilities can fully enjoy their human rights.
Article 10 (Right to life) – reaffirms the inherent right to life of every human being, and requires States Parties to “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) – requires States Parties to comply with their obligations under international humanitarian law and international human rights law, and take all necessary measures “to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.”
Article 12(Equal recognition before the law) – reaffirms that persons with disabilities “have the right to recognition everywhere as persons before the law.” It obligates States Parties to recognize that persons with disabilities “enjoy legal capacity on an equal basis with others in all aspects of life,” and to take appropriate measures to provide access to “support they may require in exercising their legal capacity.” The Article also requires that measures relating to the exercise of legal capacity provide for “appropriate and effective safeguards to prevent abuse,” and that they comply with additional standards set forth in the Article. Article 12 also requires States Parties to take all appropriate and effective measures to ensure the equal right of persons with disabilities to (amongst other things) own or inherit property, control their own financial affairs, and not be arbitrarily deprived of their property.
Article 13(Access to justice) – obligates States Parties to ensure “effective access to justice for persons with disabilities on an equal basis with others ….in all legal proceedings, including at investigative and other preliminary stages.” States Parties must do this through the provision of accommodations and also training of, e.g. police and prison staff.
Article 14(Liberty and security of the person) – obligates States Parties to ensure that persons with disabilities enjoy the right to liberty and security of person on an equal basis with others, and that persons with disabilities are not deprived of their liberty unlawfully, arbitrarily, or on the basis of the existence of a disability. Any deprivation of liberty of persons with disabilities must be in conformity with the law and with international human rights law, and must be in compliance with the objectives and principles of the Convention including through provision of reasonable accommodation.
Article 15(Freedom from torture or cruel, inhuman or degrading treatment or punishment) – reaffirms that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,” and that no one shall be subjected to medical or scientific experimentation without their free consent. States Parties must take all effective measures to ensure that persons with disabilities are not subjected to torture or cruel, inhuman or degrading treatment or punishment.
Article 16(Freedom from exploitation, violence and abuse) – requires States Parties to take all measures to protect persons with disabilities “from all forms of exploitation, violence and abuse, including their gender-based aspects.” The Article details some of the measures States Parties must take, including provision of information and education, and effective monitoring of facilities and programmes serving persons with disabilities. Where persons with disabilities have become victims, States Parties must take all appropriate measures to promote recovery, rehabilitation and social reintegration of victims, in an environment that “fosters the health, welfare, self-respect, dignity and autonomy of the person and takes into account gender- and age-specific needs.”
Article 17(Protecting the integrity of the person) –It states, “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) – obligates States Parties to recognize the rights of persons with disabilities on an equal basis with others to liberty of movement, to freedom to choose their residence, and to a nationality. The Article then elaborates some of the ways in which States Parties must do this and highlights some of the specific rights of children with disabilities, e.g. to be registered immediately after birth and to have a name.
Article 19(Living independently and being included in the community) – requires States Parties to recognize “the equal right of all persons with disabilities to live in the community, with choices equal to others.” States Parties must take effective and appropriate measures to facilitate the enjoyment of this right and the full inclusion and participation in the community of persons with disabilities. These measures include, amongst others, ensuring that persons with disabilities have access to a range of support services, and that they are “not obliged to live in a particular living arrangement.”
Article 20 (Personal mobility) – obligates States Parties to take effective measures to ensure “personal mobility with the greatest possible independence for persons with disabilities.” States Parties must, amongst other things, facilitate access to quality mobility aids, provide training in mobility skills, and encourage producers of mobility aids, devices and assistive technologies, to “take into account all aspects of mobility for persons with disabilities.”
Article 21(Freedom of expression and opinion, and access to information) – States Parties must take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion on an equal basis with others and “through all forms of communication of their choice.” Measures identified include, amongst others, the provision of information to the general public in accessible formats and technologies; urging private entities and the mass media to provide information and services in accessible formats; and “recognizing and promoting the use of sign languages.”
Article 22 (Respect for privacy) – reaffirms the right of persons with disabilities not to be subject to “arbitrary or unlawful interferences 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.” States Parties must also protect the “privacy of personal, health and rehabilitation information” of persons with disabilities on an equal basis with others.
Article 23(Respect for the home and the family) – requires States Parties to 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.”
The Article then addresses some of the different aspects of the right that need to be ensured, such as ensuring that no child is separated from his or her parents on the basis of the disability of either the child or one or both of the parents.
Article 24 (Education) – States Parties must recognize the right of persons with disabilities to education, without discrimination and on the basis of equal opportunity. States Parties “ensure an inclusive education system at all levels and life long learning.” The remainder of the Article addresses how States Parties must do this, including through, amongst other things, provision of reasonable accommodation, and ensuring that persons with disabilities are not excluded from education on the basis of disability.
Article 25(Health) – obligates States Parties to recognize the right of persons with disabilities to the highest attainable standard of health without discrimination on the basis of disability. States Parties must take all appropriate measures to ensure access to gender-sensitive health services, including health-related rehabilitation, and these services must be available as close as possible to people’s communities, including in rural areas. The remainder of the Article elaborates further on these issues, including, amongst other things, provision of the same range, quality, and standard of free or affordable health care and programmes as those available to others (including in the area of sexual and reproductive health), free and informed consent of persons with disabilities to health care on an equal basis with others, and prohibition of discrimination in the provision of health insurance.
Article 26(Habilitation and rehabilitation) – States Parties must “organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services.” This must be done 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.” States Parties must do this through, amongst other things, training of professionals and staff, and ensuring services and programmes are available as close as possible to people’s communities, including in rural areas.
Article 27(Work and employment) – obligates States Parties to recognize 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 in a labour market and work environment that is open, inclusive and accessible to persons with disabilities.” States Parties must safeguard and promote the realization of this right through, amongst other things, prohibition of discrimination, provision of reasonable accommodation, and promotion of employment of persons with disabilities. States Parties must also ensure that “persons with disabilities are not held in slavery or servitude, and are protected, on an equal basis with others, from forced or compulsory labour.”
Article 28(Adequate standard of living and social protection) – obligates States Parties to 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.” States Parties must take steps to “safeguard and promote the realization of this right without discrimination on the basis of disability.” The Article addresses the steps to be taken, including, (amongst others) ensuring equal access to clean water services, access to social protection programmes, access to public housing programmes and poverty reduction programmes.
Article 29(Participation in political and public life) – obligates States Parties to guarantee to persons with disabilities “political rights and the opportunity to enjoy them on an equal basis with others.” States Parties must, amongst other things, ensure the right and opportunity of persons with disabilities to vote by secret ballot and be elected to public office; ensure accessibility of voting procedures, facilities and materials; and encourage the participation of persons with disabilities in public affairs.
Article 30(Participation in cultural life, recreation, leisure and sport) – obligates States Parties to recognize the right of persons with disabilities to “take part on an equal basis with others in cultural life.” States Parties must take all appropriate measures to ensure enjoyment of this right, including, amongst others, providing access to television and cultural materials in accessible formats; providing access to places for cultural performances or services; and recognizing the specific cultural and linguistic identity of persons with disabilities. States Parties must also enable participation of persons with disabilities, on an equal basis with others “in recreational, leisure and sporting activities,” and must take appropriate measures to ensure this. Such measures include, amongst others, providing access to sporting, recreational and tourism venues.
The articles in this section address actions that need to be taken in order to promote the effective implementation of the Convention, and also what should be done to monitor the effectiveness of implementation.
Article 31 (Statistics and data collection) – requires States Parties to “collect appropriate information, including statistical and research data” to enable them to create and implement policies that give effect to the Convention. The Article also outlines the standards to be used for the collection, maintenance and use of this information.
Article 32(International cooperation) – obligates States Parties to undertake international cooperation activities in support of national efforts to implement the Convention. Examples of these activities are provided in the Article.
Article 33(National implementation and monitoring) – 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 organizations must be “involved and participate fully in the monitoring process.”
Article 34-39 (treaty monitoring body) – these Articles call for the establishment of an independent committee of experts (also known as a treaty monitoring body) to monitor implementation of the Convention at the national level, and set forth the rules for the Committee’s operation. The committee is to be called the “Committee on the Rights of Persons with Disabilities.” The Committee will receive and examine reports from States Parties and assess their implementation of the Convention, and report on these matters to the UN General Assembly and the UN Economic and Social Council.
Article 40(Conference of States Parties) –for the regular meeting of States Parties to consider “any matter with regard to the implementation” of the Convention. After the first meeting, the Conference will be held every two years or as often as the Conference decides.
Articles 41-50 call for the Convention to enter into force in thirty days after the twentieth country has become a States Party. They also prohibit the filing of reservations that are incompatible with the object and purpose of the Convention, but allow reservations to be withdrawn at any time.
Authentic texts of the Convention are available in Arabic, Chinese, English, French, Russian and Spanish, and the text of the Convention “shall be made available in accessible formats.”
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