Implementation of the World Programme of Action
concerning Disabled Persons
2 / 9   
III. International norms and standards related to persons with disabilities
Introduction
20. The third quinquennial review and appraisal of implementation of the World
Programme of Action concerning Disabled Persons (A/52/351) discussed the emergence of
awareness of a broad human rights framework to promote the social, economic and cultural
rights as well as the civil and political rights of persons with disabilities. The broad
human rights framework for persons with disabilities draws upon the considerable body of
international norms and standards in the social, economic, cultural, civil, and political
fields, and reflects international concern with development agenda that are participatory
and inclusive and contribute to improved well being and livelihoods for all.4 Inclusion of the human rights of persons with
disabilities as specific policy concerns, in such documents as the Vienna Declaration and
Programme of Action adopted by the World Conference on Human Rights,5 the Copenhagen Declaration on Social Development and
Programme of Action of the World Summit for Social Development,6 and the Beijing Declaration and Platform for Action
adopted by the Fourth World Conference on Women7
reflect international recognition of a broad human rights approach to advance the status
of persons with disabilities in mainstream development.
21. There is growing recognition in contemporary international law that States should
incorporate international norms and standards in their national legislation. While means
chosen to promote full realization of economic, social and cultural rights of persons with
disabilities will differ from one country to another, data suggest that there is no
country in which a major policy or programme effort is not required. The obligation of
States Parties to international legal instruments to promote progressive realization of
relevant rights to the maximum of their available resources requires Governments to do
more than simply abstain from taking measures that might have a negative impact on persons
with disabilities.
22. The Charter of the United Nations identifies fundamental obligations of Member
States to ensure respect of human rights and fundamental freedoms for all. While not
legally binding, there are in addition a number of general conventions and recommendations
and disability-specific international instruments8
that are applicable to policies, programmes and legislation to promote the rights of
persons with disabilities. The broad human rights approach to disability, therefore, takes
the view of advancing the rights and well being of all people, regardless of disabilities,
through promotion of implementation of general and disability-specific international
instruments that encompass civil and political to economic, social and cultural rights for
all.
Recent activities
23. A significant initiative in promoting awareness and building national capacities
for broad human rights approaches to persons with disabilities was taken in April 1998 by
the Government of the Dominican Republic, in cooperation with members of the
non-governmental community. The Government was assisted substantively by Disabled Peoples
International (DPI), an international non-governmental organization. With the able
participation of the Dominican Association of Disabled Persons (FENDID) and the Dominican
Association for Rehabilitation (ADR), DPI planned and organized a seminar for Central
America and the Spanish-speaking Caribbean on training of trainers in monitoring the
implementation of the United Nations Standard Rules for Equalization of Opportunities for
Persons with Disabilities (Santo Domingo, 13-18 April 1998). Jaime David Fernández,
Vice-President of the Dominican Republic, opened the seminar, which provided a forum for a
wide range of interested communities to share experience and formulate action plans to
promote equalization of opportunities by, for and with persons with disabilities.9 As a follow-up, the international consultant
team for the seminar recently published on the Internet an English version of the
substantive seminar presentations (http://www.worldenable.net)
and established an on-line forum for discussions on promotion and monitoring the
implementation of the Standard Rules (http://www.worldenable.net/srdiscuss).
24. As a means to identify priorities for research and action to further implement
international norms and standards concerning persons with disabilities, Boalt Hall School
of Law of the University of California at Berkeley, in cooperation with the World
Institute on Disability, organized an international expert meeting on international norms
and standards relating to disability (Berkeley, 8-12 December 1998). The meeting brought
together leading experts in law and disability policy, representing all regions and legal
systems, to review and discuss issues and trends related to the application of
international norms and standards in the design of disability-sensitive legislation and
policy options. Meeting participants formulated recommendations on research, policy
options and technical guidelines to assist interested parties - governmental and
non-governmental - in improving national legal and policy frameworks to further equalize
opportunities by, for and with persons with disabilities.10
25. In the light of the interest expressed by Governments, the non-governmental
community, academic institutes and professional societies in international norms and
standards concerning persons with disabilities, the Division for Social Policy and
Development recently published on the Internet a draft compilation of international norms
and standards relating to disability (http://www.un.org/esa/socdev/discom00.htm).
The compilation provides a brief introduction, concise guidance and references to
international instruments, norms and standards concerning persons with disabilities
adopted by competent intergovernmental bodies of the United Nations system and other
regional systems. The draft compilation was published on the Internet because its size -
300 pages in draft - made wide distribution impractical. Internet publication has
contributed to substantive dialogue among interested communities on policies, legislation
and programmes concerning persons with disabilities, which in turn has added to its value
as resource for interested Governments and other parties to use and consult.
26. Experience to date suggests that as a result of consultation, interpretation and
implementation of the vast existing body of international norms and standards concerning
persons with disabilities by interested bodies and organizations - governmental and
non-governmental - a new set of communities of disability-sensitized policy makers,
programme specialists, academics and advocates has emerged. Together, they are
contributing to a process of promoting and developing international norms and standards
that are universally applicable and would thereby further the advancement of the rights of
all.
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Notes:
4 See "Overview of international legal frameworks for disability
legislation (August 1998)", at: http://www.un.org/esa/socdev/disovlf.htm.
5 Report of the World Conference on Human Rights, Vienna, 14-25 June 1993
(A/CONF.157/24 (Part I)), chap. III.
6 Report of the World Summit for Social Development, Copenhagen, 6-12 March
1995 (United Nations publication, Sales No. E.96.IV.8) chap. I, resolution 1, annexes I
and II.
7 Report of the Fourth World Conference on Women, Beijing, 4-15 September
1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I
and II.
8 General, universal and international human rights
instruments include the Universal Declaration of Human Rights (General Assembly resolution
217 A (III)), the International Covenant on Civil and Political Rights (General Assembly
resolution 2200 (XXI)) and the International Covenant on Economic, Social and Cultural
Rights (General Assembly resolution 2200 A (XXI)). Disability-specific international
instruments that address the rights and status of persons with disabilities have been
adopted as declarations, resolutions and guidelines by the United Nations General Assembly
and include the Declaration of the Rights of Mentally Retarded Persons (General Assembly
resolution 2856 (XXVI)), Declaration on the Rights of Disabled Persons (General Assembly
resolution 3447 (XXX)), World Programme of Action concerning Disabled Persons (adopted by
the General Assembly in its resolution 37/52), the Tallinn Guidelines for Action on Human
Resources Development in the Field of Disability (General Assembly resolution 44/70),
annex, the Principles for the Protection of Persons with Mental Illness (General Assembly
resolution 46/119) and the Standard Rules on the Equalization of Opportunities for Persons
with Disabilities (General Assembly resolution 48/96, annex).
9 The report of the seminar is available, in Spanish,
at: http://www.un.org/esa/socdev/disttsre.htm.
10 The report of the expert meeting is available at: http://www.un.org/esa/socdev/disberk0.htm.
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