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Back to: International Day of Disabled Persons 2005
It is a great pleasure to be invited to address this year's commemorative events to mark the International Day of Disabled Persons, in my capacity as Chair of the Ad Hoc Committee.
The Convention being negotiated by the Ad Hoc Committee will have a direct bearing on the effective enjoyment of human rights and fundamental freedoms by the ten per cent of the world's population that has a disability of one kind or another.
It is no secret that there were, initially, some reservations about the need to negotiate a major new human rights convention, particularly bearing in mind the huge resources required for such a process. Theoretically there is no need for a new convention, because the existing human rights conventions apply to persons with disabilities, in just the same way that they do to everyone else.
The reality of course is a little different. Although persons with disabilities are covered by the existing human rights conventions, they have fallen far short in their enjoyment of the human rights and fundamental freedoms guaranteed by them. Continuing failure to apply the provisions of existing international human rights instruments to persons with disabilities has highlighted the imperative for a dedicated Convention on their rights.
Why is this so?
Sometimes the other Human Rights Conventions set out their obligations in quite a broad and generic way, which can leave grey areas in their practical implementation vis a vis particular groups, such as persons with disabilities. Or the enjoyment of those rights and freedoms by persons with disabilities may require some adaptation by the State to accommodate the disability in question. For example, persons who are visually impaired have just the same right to vote as everyone else, but if they are not permitted assistance in the voting booth, by someone they trust, that right may be rendered somewhat academic. Persons in wheelchairs have just the same freedom of movement as anyone else, but if public buildings are not accessible to them, that right may also be academic. And so one could go on. Unfortunately, too, persons with disabilities can find themselves subject to more direct discrimination, and also to negative attitudes and stereotyping. These are amongst the many issues dealt with in the draft Convention.
Those of us who have participated in these negotiations have been left in no doubt as to why this Convention is needed. The candid and informative contributions of civil society have been invaluable in opening our eyes and reaffirming why our task is so crucial.
Swift adoption of this Convention - followed by prompt and faithful implementation - will therefore see the international community go some way toward making good its neglect of this diverse and marginalized group.
How will the convention do so?
There are a number of recurring themes throughout the draft Convention, as well as many very practical measures. Let me identify some of them.
The first theme I would mention is inclusiveness in the community. This is central to the draft convention. Too often, persons with disabilities have been treated separately - and have been separated off - from other parts of the community. Too often there has been a fallback on institutionalisation. This is not normally in the best interests of the individual concerned. Nor is it usually in the best interests of the community as a whole. Persons with disabilities flourish best within the community, rather than outside, and they have a contribution to make to the community. Often that may require support, but it is in the best interests of all to take this approach. All of us who have participated in the Ad Hoc Committee have benefited hugely from our interaction with our colleagues with disabilities, and have learnt much from them.
A second theme, closely related to the first, is getting rid of stereotyping. The draft Convention sets out various actions to be taken by States in this respect. Tired old attitudes need to change, and the Convention leads the way in this. The best way of changing stereotypes, of course, is for people to have real interaction with persons with disabilities, but Governments and communities have an important role to play.
A third theme - and the draft Convention contains many practical measures - is accessibility. That can be physical accessibility of buildings, or it can be accessibility in others ways as well, for example providing signage in Braille, and providing accessible information and communications technologies. It is much easier - and less expensive - to provide accessibility at the design stage than it is by retrofitting, but a start needs to be made on this. States need to take action at an early stage to ensure the accessibility that many persons with disabilities need. The draft Convention also deals with related issues such as ensuring personal mobility, where that is a problem, and facilitating independent living.
The draft Convention deals with a vast range of other matters, including equal recognition before the law, legal capacity, access to justice, respect for privacy, and for home and respect for the family, as well as participation in political, public and cultural life. At a very practical level, it deals with education, health, habilitation and rehabilitation, and the right to work and to an adequate standard of living.
The draft Convention therefore deals with a huge range of issues of concern, and with practical implications, for persons with disabilities. It provides a framework for action by Governments and communities, and I am confident that its adoption will make a significant impact. I therefore hope that it can be completed as quickly as possible, and look to States and civil society to continue to take a flexible and constructive approach, so that we can quickly conclude this important new instrument.