A Human Rights Approach to Disability
The approximately 10% of the world's population who live with a disability continuously encounter barriers to their full participation in society. These barriers place them at greater risk of discrimination, abuse, and poverty. People with disabilities are often denied access to basic services such as primary health care and education. Employment opportunities are extremely limited, hindering economic self-sufficiency. In some cases, children and adults with disabilities do not receive adequate nutrition or shelter and are particularly vulnerable to abuse and violence.
Exclusion and abuse of people with disabilities are violations of their human rights. People with disabilities are entitled to enjoy the same rights as all others. A human rights approach to disability acknowledges that people with disabilities are rights holders and that social structures and policies restricting or ignoring the rights of people with disabilities often lead to discrimination and exclusion. A human rights perspective requires society, particularly governments, to actively promote the necessary conditions for all individuals to fully realize their rights.
As full citizens with equal rights, people with disabilities are entitled to:
- access to education
- equal rights to parenthood
- rights to property ownership
- access to courts-of-law
- political rights such as the right to vote
- equal access to employment
The goal of a human rights approach to disability is to ensure the equal dignity and equal effective enjoyment of all human rights by people with disabilities. What are referred to as disability rights
and the human rights of people with disabilities
are not extra protections or a separate and special category of rights, but part of the full range of human rights available to everyone. All people have the right to participate and to exercise self-determination as equals in society.
International Recognition
Because disability was historically viewed as an individual pathology or disease, violations of the rights of people with disabilities have not been adequately addressed by the international human rights system. But a shift to a human rights perspective is now evident at the international level. The United Nations Commission on Human Rights recently passed two significant resolutions. The resolutions recognize that national governments are responsible for the protection of the rights of people with disabilities and that the U.N. has an important role in promoting development in this area.
- Resolution 1998/31 of the Commission on Human Rights recognizes that inequality and discrimination related to disability are violations of human rights.
- Resolution 2000/51 called for an examination of measures to strengthen the protection of human rights of people with disabilities.
The U.N. Office of the High Commissioner for Human Rights is devoting more attention to human rights of people with disabilities. A recent report published by the Office of the High Commissioner, Human Rights and Disability, reviews the work of committees overseeing the major human rights treaties and assesses the protection of disability rights. The report evaluates the potential for strengthening the role of the treaty committees in protecting the rights of people with disabilities.
In December 2001, the General Assembly adopted resolution 56/168, establishing an Ad Hoc Committee to consider proposals for an international convention to protect and promote the rights and dignity of people with disabilities. This resolution is a clear example of attention to disability rights at the international level. The Ad Hoc Committee has held several sessions for governments to consider a disability rights treaty and a working group has prepared a draft text (visit the U.N. Enable web site for more information on the convention process). A disability rights treaty would recognize disability as a human rights issue of international concern by creating legally binding human rights obligations specific to the needs and situation of people with disabilities.
A Twin-Track Approach
While there is a need to develop a convention on the rights and dignity of people with disabilities, the opportunities to develop a disability dimension in existing human rights systems - at the international, regional and national levels - must also be developed. At a meeting hosted by the U.N. High Commissioner for Human Rights, with the participation of Dr. Bengt Lindqvist, U.N. Special Rapporteur on Disability, the international participants agreed on a multifaceted approach to disability. They endorsed a twin track approach whereby the drafting of a new convention should not be seen as an alternative to strengthening attention to disability within the existing human rights system
. (See the High Commissioner's report on the U.N. Enable site).
Promotion and enforcement of human rights must respect the concept of universality: the fundamental premise of the Universal Declaration of Human Rights that all human beings are equal in dignity and rights, without distinction of any kind. The protection of the human rights of people with disabilities is an immediate and crucial concern worldwide. Increasing the participation of people with disabilities in their societies benefits everyone and is key to achieving equality and justice.