COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part I. National Frameworks. 5/5   
4. Responsibilities of States
The International Court of Justice gave currency to this idea in the Barcelona
Traction Case by recognizing that basic rights of human persons create obligations
erga omnes. Since the judgement of the International Court of Justice in the Barcelona
Traction Case, there has been growing acceptance in contemporary international law of
the principle that all States have a legitimate interest in and the right to protest
against human rights violations wherever they might occur. It might be argued that
violations of human rights, condemned by the Security Council of the United Nations,
amount to international crimes. Some international criminal treaties expressly address
what are human rights violations, including genocide, torture, hostage-taking, apartheid,
war crimes, the disappearance of individuals, slavery and certain forms of terrorism.
Often there is a human rights dimension to international crime. In X and Y v. The
Netherlands [31] the State was held responsible for not having
enacted appropriate criminal legislation to vindicate the rights of a mentally handicapped
girl who had been raped.
Apart from ensuring a forum to redress rights violations, states should play an active
role in preventing such rights violations and enforcing protective measures on behalf of
persons with disabilities.
The implementation of legislation depends to a large extent on the political will of
States to comply with international standards. A network of governmental, non-governmental
and international support should work to ensure the effective implementation of
international norms and standards. The following is a list of advocacy actions that
can help improve the status of persons with disabilities:
4.1 Collection of Statistics
Collection of information and data on persons with disabilities is important to
understand the situation of disabled persons in each country. Analysis of this information
will give policy makers and legislators the necessary background and is helpful in the
formulation of effective policies. In Rule 13 of The Standard Rules on the
Equalization of Opportunities for Persons with Disabilities States are urged to
collect information on the living conditions of persons with disabilities. Such data
should be collected at regular intervals as part of the official statistical system of
countries. Data collection on prevalence of disability may be included in national
census material, giving possibilities for its correlation with data on income, level of
education and other relevant variables. Data can also be collected through household
surveys, which can be undertaken in close collaboration with, inter alia, universities,
research institutes and organizations of persons with disabilities. The data collection
should include questions on programmes and services and their use.
The Statistics Division of the United Nations Secretariatworks towards the development
of a realistic and practical system of data collection in countries and to prepare
technical manuals and documents on how to collect such statistics. The Statistical
Commission of the United Nations decided in 1997 to include disability as a topic in the Principles
and Recommendations for Population and Housing Censuses. However, the
Secretary-General stated in his report 2000 World Population and Housing Census
Programme that the method to be preferred when collecting data on disability is
to conduct a specialised disability survey.
States should consider establishing a database on disability, which would include
statistics on services and programmes, as well as data on different groups of persons with
disabilities. The United Nations disability statistics database provides a framework that
countries can use in preparation of their own national statistical databases. The United
Nations disability statistics database is an essential resource when it comes to
monitoring progress made on the international level concerning the situation of disabled
persons.
4.2 Awareness-raising
In The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (rule 1), it is stated that “States should take action to raise
awareness in society about persons with disabilities, their rights, their needs, their
potential and their contribution.” States should also distribute information on
available services and programmes that would reach all concerned, disabled persons as well
as the general public. Information directed to persons with disabilities should be
available in forms that can be used and understood by people with visual, hearing or other
communication limitations.
States should initiate information campaigns and public education programmes concerning
disability issues, conveying the message that persons with disabilities have the equal
rights and obligations as others. Persons with disabilities and their families
should be involved in the making of public information and education programmes. States
should also, according to Rule 1, aim at raising the level of awareness of persons with
disabilities concerning their rights and potential. Increased awareness will assist
persons with disabilities to take advantage of the opportunities available to them. The World
Programme of Action concerning Disabled Persons (paragraph 154)stipulates that
disabled persons and their organizations should be given equal access, employment,
adequate resources and professional training with regard to public information, so they
may express themselves freely through the media and communicate their points of view and
experiences to the general public.
4.3 Policy-making and Planning
When policymakers and the legislators have information of the status of disabled
persons they will be able to more readily address national policy concerning
disabled persons. States should ensure that disability aspects are included in all
relevant policy-making and national planning. This is stated in rule 14, in The
Standard Rules on the Equalization of Opportunities for Persons with Disabilities.
States should initiate and plan adequate policies for persons with disabilities at the
national level; nevertheless, action at regional and local levels should be stimulated and
supported by the State. The needs and concerns of persons with disabilities should
be incorporated into general development plans and not be treated separately. National
long-term programmes on achieving the objectives of the World Programme of Action
concerning Disabled Persons should be an integral component of the State’s
general policy for socio-economic development. Local communities should be encouraged to
develop programmes and measures for persons with disabilities.
States should involve organizations of persons with disabilities in all decision-making
relating to plans and programmes concerning persons with disabilities or affecting in any
way their economic and social status. According to rule 18 in The Standard Rules
on the Equalization of Opportunities for Persons with Disabilities, States should
recognise the right of the organizations of persons with disabilities to represent
disabled persons at national, regional and local levels. Member States should recognise
the advisory role of these organizations, and direct contact with them should be
established. This way the organizations can influence Government policies and decisions in
areas that concern them.
Moreover, the Consultative Expert Meeting on Law and Disability Policies[32]
elaborated goals which are expected to assist interested countries better to plan, design
and carry out practical action concerning persons with disabilities in at last three key
areas:
- Improved formulation of legislative frameworks that will promote application of relevant
international norms and standards concerning the rights of persons with disabilities
- Increased awareness and understanding of the situation of persons with disabilities that
will contribute to decisions by policy-makers and program planers and managers, in both
substantive and policy dialogues, to incorporate international norms and standards
concerning persons with disabilities in legislative mandates and administrative guidance
- Empowered civil society for disability action so that it can participate effectively and
knowledgeably in discourses on law and policies concerning persons with disabilities
4.4 Ombudsman
The Swedish idea of a high ranking official vested with jurisdiction to inquire into
claims of administrative and human rights violations has been adopted in many parts of the
world. Through informal enquiry the ombudsman is often able to ascertain the facts of a
complaint much more expeditiously than a court. The reports of the ombudsman carry great
weight and Governments feel obliged to act upon them. The reports of the ombudsman are
published. The ombudsman is able to handle many kinds of administrative enquiries which
courts are reluctant to undertake. The ombudsman could have a very important role
regarding claims of persons with disabilities.
4.5 International Disability Norms and their Impact at the National
Level
Disability is a multidimensional issue that concerns many different actors; therefore,
there is a need for co-ordination of work between all actors. The World Programme
of Action concerning Disabled Persons and rule 17of The Standard Rules on
the Equalization of Opportunities for Persons with Disabilities requireStates to
establish national co-ordinating committees, or similar bodies, to serve as a national
focal point on disability matters. The Guidelines for the Establishment and
Development of National Co-ordinating Committees on Disability or Similar Bodies
elaborates in a more detailed way the role and functioning of national co-ordinating
committees. The national co-ordinating committees or similar bodies should be permanent
and based on legal, as well as appropriate administrative regulation. The committee’s
functions is to review, co-ordinate and advice on the activities of all agencies and
non-governmental organizations working for and on behalf of persons with disabilities. It
acts in a professional advisory capacity in relation to Government and policy-makers on
all issues affecting the well being of persons with disabilities. The national
co-ordinating committee should be provided with sufficient autonomy and resources to
fulfil its responsibilities. The national co-ordinating committee should be composed of
representatives from different sectors of society. Representatives could be drawn from
government ministries concerned with social and medical welfare, employment, transport,
housing, education, culture and planning, from non-governmental organizations and from
organizations of persons with disabilities. Organizations of persons with disabilities
should have considerable influence in the national co-ordinating committees in order to
ensure proper feedback of their concerns.
4.6 National Committees
The International Meeting on the Roles and Functions of National Co-ordinating
Committees on Disability in Developing Countries[33]adopted Guidelines
for the Establishment and Development of National Co-ordinating Committees on Disability
or Similar Bodies. The goals of these guidelines aimed at developing national
policy and legislation on disability and at inspiring effective measures for the
prevention of disability, for rehabilitation and for realisation of goals of full
participation of persons with disability in social life and development. These Committees
have a very important role to play in the monitoring of these national policies,
legislation or measures.
4.7 Personnel Training
Rule 19 in The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities stipulates that States are responsible for ensuring the adequate training of
personnel, at all levels, involved in the planning and provision of programmes and
services concerning disabled persons. States should also see to it that all authorities
providing services in the disability field give adequate training to their personnel. When
developing training programmes, States should consult organizations of persons with
disabilities. Disabled persons should be involved as teachers, instructors or advisers in
personnel training programmes. On a regional level, the regional commissions of the United
Nations should also provide for personnel training.
The training of community workers is also of great strategic importance. It should
involve disabled persons and include the development of appropriate values, competence and
technologies. States should ensure that community workers receive, in addition to
specialised knowledge and skills, comprehensive information concerning the social,
nutritional, medical, educational and vocational needs of the disabled persons. Community
workers can provide most of the services needed by disabled persons if they are provided
with adequate training and supervision. This can be a valuable asset in overcoming
personnel shortages. States should also expand the knowledge and responsibilities of
persons working in related fields who provide other services, such as teachers, social
workers, administrators and community leaders.
4.8 The Role of Non-Governmental Organizations
One of the most important roles of Non Governmental Organization (NGO)’s is to
monitor human rights protections in their own or in other countries and
advocate for the protection of these rights with national Governments and international
bodies. The role of NGO’s is essential for the effective protection of human rights
at both national and international levels, as it is NGOs, that raise public
awareness on human rights, as well as hold responsible parties accountable for rights
violations.
An advocacy effort generally include the following:
- Identifying a clear issue, concern or problem that citizen action play a role in
resolving;
- Investigating the nature and extent of the problem/concern;
- Defining a clear position and desired outcomes ( e.g., articulate the entitlements or
the rights desired and offer policy or legislative proposals, etc.);
- Articulating the strategy (goals, target and actions to be taken);
- Building alliances in support of the proposition;
- Educating the public and lobby for the changes needed.
At the Global Meeting of Experts[34], the participants agreed on the
importance of encouraging non-governmental organizations, as they often act as a vehicle
for self-development, and at the same time can effectively influence certain decisions
made by Governments and other sectors of society. NGOs are not confined to protect rights,
but have also undertaken other activities, such as promotion of equality of opportunity
through the provision of certain services (e.g. leadership training, vocational training).
The role of non- governmental organizations in monitoring state parties actions and
making sure states parties comply with international norms is one of the most important
mechanism in the protection of human rights. This can be done in the following manner:
- The channelling of independent information to members of treaty bodies. No States'
report can be examined adequately without reference to other sources of information.
- Promoting knowledge and understanding of the reporting process. NGOs play the lead role
in encouraging individuals and groups to reflect on their situation in the context of
their rights and in channelling any submissions they might wish to make to members if
treaty bodies.
- NGOs are also crucial to the ongoing effectiveness of the reporting process following
the examination by the treaty bodies. Without their lobbying and campaigns of public
information, there is a danger that recommendations of the treaty bodies may either remain
unimplemented be carried through in an inadequate manner.
NGO participation in the reporting process may occur at different stages. The stages
are set out below:
4.9 NGO Action Before Submission of a Report
A problem with the reporting process is that most of the treaty bodies suffer from a
failure of many States to submit reports in conformity with the periodicity requirements.
Skilful dissemination and employment of all relevant information by NGOs can do much to
encourage tardy States in meeting their responsibilities. Sometimes, the delay in the
submission of reports is due to the fact that the State Party is overwhelmed in attempting
to meet the reporting obligations under a range of instruments or simply lacks the
technical expertise to compile reports, which meet the reporting requirements. In those
cases, NGOs can explore with Governments the extent to which they might offer assistance,
either through the provision of training or direct participation in the drafting process.
4.10 NGO Participation in the Reporting Process in the Context of
the Examination by a Treaty Body
Independent submissions are usually accepted by members of the treaty bodies as
an aid towards the carrying out of the scrutiny of State reports. The impact of such
submissions can be greatly enhanced by the making of direct contact with Committee
members. Possibilities range from formal interventions in Committee meetings or
professional working groups to informal encounters outside the sessions. Whatever the
forms of the meetings, they can prove invaluable assistance in emphasising certain matters
such as the situation of women with disabilities and providing fuller background
briefings.
Non governmental organizations can immediately contest any inaccurate or misleading
statements made by government representatives. Also, by attending the meetings NGO’s
have the opportunity to make new submissions based on the direction taken by the
proceedings. An NGO might consider drafting its own alternative concluding observations in
the hope that they might be of assistance to the Committee.
4.11 NGO Action Following Examination of a Report
It is essential that NGO’s ensure that attention continues to be paid to the
treaty body proceedings. In this context, the role of the NGO is to disseminate, promote,
publish and interpret international human rights that prohibit discrimination against
persons with disabilities
4.12 NGO Monitoring
Monitoring assists Governments to measure progress while holding governments
accountable for rights protection. Monitoring provides an opportunity for challenges
to be identified so that suitable measures can be implemented to overcome the obstacles.
Persons with disabilities, lawyers, legislators, representatives of government ministries,
health care personnel and other experts from NGOs may then survey and evaluate existing
legislation and recommend legislative reforms and new procedures for the effective
implementation of the legislation.
Some international instruments require countries to set up monitoring mechanisms. As
examples, we can refer to the World Programme of Action concerning Disabled
Persons and The Standard Rules on the Equalization of Opportunities for
Persons with Disabilities:
Paragraph 194 of the World Programme of Action concerning Disabled Persons
states that monitoring and evaluation should be carried out at periodic intervals at
international and regional levels, as well as at the national level. It states, after
pointing out the obligation of governments to establish a focal point to look into and
follow the activities of various ministries, other government agencies and NGOs, that
Member States should increase their assistance to organizations of persons with
disabilities and help them organise and co-ordinate the representation of the interests
and concerns of persons with disabilities. NGOs composed of disabled persons or
representing their interests have one of the most important roles to play in implementing
the Plan and achieving the objectives of the Decade.
Rule 20 of The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities:
“National Monitoring and evaluation of disability programmes in the implementation
of the Rules: States are responsible for the continuous monitoring and evaluation of the
implementation of national programmes and services concerning the equalization of
opportunities for persons with disabilities.
- States should periodically and systematically evaluate national disability programmes
and disseminate both the bases and the results of the evaluation.
- States should develop and adopt terminology and criteria for the evaluation of
disability-related programmes and services.
- Such criteria and terminology should be developed in close co-operation with
organizations of persons with disabilities from the earliest conceptual and planning
stages.
- States should participate in international co-operation in order to develop common
standards for national evaluation in the disability field. States should encourage
national co-ordinating committees to participate also.
- The evaluation of various programmes in the disability field should be built in at the
planning stage, so that the overall efficacy in fulfilling their policy objectives can be
evaluated.”
The monitoring implementation of rights and recommendations can be appreciated at the
national level, the regional level and the international level.
4.13 Special Rapporteur
A Special Rapporteur on Disability on the Commission for Social Development was
appointed by the UN in 1994. His work consists of monitoring the implementation of The
Standard Rules on the Equalization of Opportunities for Persons with Disabilities
through communicating directly with States and NGOs. In doing his work, the Special
Rapporteur works with a panel of experts on disability issues, as well as with the UN
Secretariat.
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[31] 91 Eur. Ct. H.R. ( Ser.A) 1885.
[32] Held in Berkeley (USA), 8-12 December 1998.
[33] Held in Beijing, 5 - 11 November 1990.
[34] Held in Stockholm, 1987.
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