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Background Documents | Article 2 Background
Seventh Session | Fourth
Session | Third Session
Working Group | References
Disability-specific instruments
Standard Rules on the Equalization of Opportunities for Persons with Disabilities
Adopted by the United Nations General Assembly, forty-eighth session, resolution
48/96, annex, of 20 December 1993
Introduction: Fundamental concepts
in disability policy
Disability and handicap
The term "disability" summarizes a great number of different functional limitations occurring in any population in any country of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature.
The term "handicap" means the loss or limitation of opportunities
to take part in the life of the community on an equal level with others. It
describes the encounter between the person with a disability and the environment.
The purpose of this term is to emphasize the focus on the shortcomings in the
environment and in many organized activities in society, for example, information,
communication and education, which prevent persons with disabilities from participating
on equal terms.
The use of the two terms "disability" and "handicap", as
defined in paragraphs 17 and 18 above, should be seen in the light of modern
disability history. During the 1970s there was a strong reaction among representatives
of organizations of persons with disabilities and professionals in the field
of disability against the terminology of the time. The terms "disability"
and "handicap" were often used in an unclear and confusing way, which
gave poor guidance for policy-making and for political action. The terminology
reflected a medical and diagnostic approach, which ignored the imperfections
and deficiencies of the surrounding society.
In 1980, the World Health Organization adopted an international classification
of impairments, disabilities and handicaps, which suggested a more precise and
at the same time relativistic approach. The International Classification of
Impairments, Disabilities, and Handicaps 11/ makes a clear distinction between
"impairment", "disability" and "handicap". It
has been extensively used in areas such as rehabilitation, education, statistics,
policy, legislation, demography, sociology, economics and anthropology. Some
users have expressed concern that the Classification, in its definition of the
term "handicap", may still be considered too medical and too centred
on the individual, and may not adequately clarify the interaction between societal
conditions or expectations and the abilities of the individual. Those concerns,
and others expressed by users during the 12 years since its publication, will
be addressed in forthcoming revisions of the
Classification.
11/ World Health Organization, International Classification of Impairments,
Disabilities, and Handicaps: A manual of classification relating to the consequences
of disease (Geneva, 1980). As a result of experience gained in the implementation
of the World Programme of Action and of the general discussion that took place
during the United Nations Decade of Disabled Persons, there was a deepening
of knowledge and extension of understanding concerning disability issues and
the terminology used. Current terminology recognizes the necessity of addressing
both the individual needs (such as rehabilitation and technical aids) and the
shortcomings of the society (various obstacles for participation).
Prevention
The term "prevention" means
action aimed at preventing the occurrence of physical, intellectual, psychiatric
or sensory impairments (primary prevention) or at preventing impairments from
causing a permanent functional limitation or disability (secondary prevention).
Prevention may include many different types of action, such as primary health
care, prenatal and postnatal care, education in nutrition, immunization campaigns
against communicable diseases, measures to control endemic diseases, safety
regulations, programmes for the prevention of accidents in different environments,
including adaptation of workplaces to prevent occupational disabilities and
diseases, and prevention of disability resulting from pollution of the environment
or armed conflict.
Rehabilitation
The term "rehabilitation" refers to a process aimed at enabling persons
with disabilities to reach and maintain their optimal physical, sensory, intellectual,
psychiatric and/or social functional levels, thus providing them with the tools
to change their lives towards a higher level of independence. Rehabilitation
may include measures to provide and/or restore functions, or compensate for
the loss or absence of a function or for a functional limitation. The rehabilitation
process does not involve initial medical care. It includes a wide range of measures
and activities from more basic and general rehabilitation to goal-oriented activities,
for instance vocational rehabilitation.
Equalization of opportunities
The term "equalization of opportunities"
means the process through which the various systems of society and the environment,
such as services, activities, information and documentation, are made available
to all, particularly to persons with disabilities. The principle of equal rights
implies that the needs of each and every individual are of equal importance,
that those needs must be made the basis for the planning of societies and that
all resources must be employed in such a way as to ensure that every individual
has equal opportunity for participation.
Persons with disabilities are members of society and have the right to remain
within their local communities. They should receive the support they need within
the ordinary structures of education, health, employment and social services.
As persons with disabilities achieve equal rights, they should also have equal
obligations. As those rights are being achieved, societies should raise their
expectations of persons with disabilities. As part of the process of equal opportunities,
provision should be made to assist persons with disabilities to assume their
full responsibility as members of society.
World Programme of Action Concerning Disabled Persons
Adopted by the United Nations General Assembly, thirty-seventh session, Resolution
37/52 of 3 December 1982
Definition
The following distinction is made by the World Health Organization, in the context of health experience, between impairment, disability and handicap:
"Impairment: Any loss or abnormality of psychological, physiological, or
anatomical structure or function.
"Disability: Any restriction
or lack {resulting from an impairment) of ability to perform an activity in
the manner or within the range considered normal for a human being.
"Handicap: A disadvantage for a given individual, resulting from an impairment or disability, that, limits or prevents the fulfillment of a role that is normal, depending on age, sex, social and cultural factors, for that individual." 2/ Handicap is therefore a function of the relationship between disabled persons and their environment. It occurs when they encounter cultural, physical or social barriers which prevent their access to the various systems of society that are available to other citizens. Thus, handicap is the loss or-limitation of opportunities to take part in the life of the community on an equal level with others.
Disabled people do not form a homogeneous group. For example, the mentally ill
and the mentally retarded, the visually, hearing and speech impaired and those
with restricted mobility or with so-called ''medical disabilities'' all encounter
different barriers, of different kinds, which have to be overcome in different
ways.
The following definitions are developed from that perspective. The relevant
terms of action proposed in the World Programme are defined as prevention, rehabilitation
and equalization of opportunities.
Prevention means measures aimed at preventing the onset of mental, physical
and sensory impairments (primary prevention ) or at preventing impairment, when
it has occurred, from having negative physical, psychological and social consequences.
Rehabilitation means a goal-oriented and time-limited process aimed at enabling
an impaired person to reach an optimum mental, physical and/or social functional
level, thus providing her or him with the tools to change her or his own life.
It can involve measures intended to compensate for a loss of function or a functional
limitation (for example by technical aids) and other measures intended to facilitate
social adjustment or readjustment.
Equalization of opportunities means the process through which the general system
of society, such as the physical and cultural environment, housing and transportation,
social and health services, educational and work opportunities, cultural and
social life, including sports and recreational facilities, are made accessible
to all.
Principles for the Protection of Persons with Mental Illness and the
Improvement of Mental Health Care
Adopted by the United Nations General Assembly, forty-sixth session, Resolution
46/119 of 17 December 1991
Principle 1 (4)
"Discrimination" means any distinction, exclusion or preference that
has the effect of nullifying or impairing equal enjoyment of rights. Special
measures solely to protect the rights, or secure the advancement, of persons
with mental illness shall not be deemed to be discriminatory. Discrimination
does not include any distinction, exclusion or preference undertaken in accordance
with the provisions of these Principles and necessary to protect the human rights
of a person with a mental illness or of other individuals.
International Classification of Functioning, Disability and Health (ICF)
Adopted by the World Health Organisation 54th World Health Assembly, Resolution
A54/18 on 9 April 2001
Disability serves as an umbrella term for impairments, activity limitations
or participation restrictions.
Impairments are problems in body function or structure such as a significant
deviation or loss.
Activity limitations are difficulties an individual may have in executing activities.
Participation restrictions are problems an individual may experience in involvement
in life situations.