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• Understand the interrelationship between the right to health and other human rights • Identify ways in which the right of people with disabilities to the highest attainable standard of health have been promoted, denied or misunderstood • Understand the provisions on health in the UN Convention on the rights of persons with disabilities (CRPD). getting started: thinKing abOut health as a human right What does the right to health include? Is it a right to be healthy? Is it a right to health care services? Is it something else? We know that with every human right comes a corresponding responsibility for governments and society to ensure that this right is respected, protected and fulfilled. But no one can guarantee that the right to be free from all disease! Many factors related to people’s health are beyond the control of governments, such as personal choices of unhealthy behaviours or a genetic predisposition to disease. However, societies and governments do have great control over many underlying determinants of health, including physical conditions in the environment that affect people’s health, such as public sanitation, the availability of clean water, and environmental pollution levels. In addition, societies have laws, policies, and programs aimed at promoting and protecting human health. Every country has a health system to provide medical care and public health programs designed to provide information about health risks, disease prevention, and healthy living. Governments are responsible for the quality and equity of national health systems. Furthermore, health for all people is also directly affected by other human rights, such as access to education, employment, and an adequate standard of living. Poor or uneducated people are far more likely to suffer ill health than those with economic security and decent living conditions. These examples demonstrate how the right to health is indivisible, interdependent and interconnected with other human rights. Poverty, lack of education, poor living conditions, and other human rights issues that impact human health disproportionately affect persons with disabilities. For instance, in many countries, clean water may be publicly available but not accessible to persons with disabilities. Likewise, health care is often not accessible or available to persons with disabilities on an equal basis with others because of factors like inaccessible buildings, lack of communications accommodations in the health care setting, and even denial of treatment based on a disability. While governments and societies cannot be expected to take responsibility for ensuring that people do not experience any illness or disease, they are responsible for addressing factors in the social, economic, legal, and physical environment that impact health. Therefore, health as a human rights issue is framed in terms of the “highest attainable standard of health.” In other words, people have a right to the conditions and resources that promote and facilitate a healthy life. defining health In addition to understanding what is meant by the right to health, it is also important to understand what is meant by “health.” The world health Organization (WHO) defines health in these terms: part 2: the COnVentiOn On the rights Of persOns with disabilities 109
Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. 1 The WHO also affirms the definition and importance of the right to health with the following statement: The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, political belief, economic or social condition . . . Governments have a responsibility for the health of their peoples which can be fulfilled only by the provision of adequate health and social measures. 2 When Human Rights. YES! refers to the “human right to health,” it is referring to the “human right to the highest attainable standard of health.” exerCise 8.1: understanding the right to health Objective: To understand rights and responsibilities associated with the right to the “highest attainable standard of health” time: 30 minutes materials: Paper and pen/pencil or chalkboard and chalk 1. introduce/brainstorm: Emphasize that achieving human health involves both rights and responsibilities. Divide participants into small groups and ask each group to choose one health topic from the list below. Explain that each group should: a. List what people’s rights are regarding this health issue. b. Decide what the government’s responsibilities are regarding this health issue. c. Decide what individuals must do for themselves. Demonstrate how to structure and record the discussion using a chart as shown below. 2. report: Ask a spokesperson from each group to present their findings. 3. discuss: • What measures must a government take to meet its responsibility to implement this human right? Is your government succeeding in implementing this right? • What must individuals do to meet their responsibility to implement this human right? Do you think most people understand their responsibilities? • What special measures should governments take to ensure that persons with disabilities enjoy this human right? 1 Preamble, World Health Organization Constitution. http://www.who.int/governance/eb/constitution/en/index.html 2 Preamble, World Health Organization Constitution. http://www.who.int/governance/eb/constitution/en/index.html 110 human rights. yes! aCtiOn and adVOCaCy On the rights Of persOns with disabilities
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Human Rights. YES! Action and Advoc
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Human Rights. YES! TABLE OF CONTENT
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FOREWORD BY THE HIGH COMMISSIONER F
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ACKNOWLEDGEMENTS The inspiration fo
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Human Rights. YES! Review Board Mic
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Chapter 1 Equality and Non-discrimi
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obJECTIvES PART I: UNDERSTANDING Th
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GETTING STARTED: ThINKING AboUT hUm
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ExERCISE 2: The Interdependence of
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Two of these conventions are called
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Although only governments have the
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are certainly implicit in the subst
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In 1987 the UN convened a meeting t
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ExERCISE 4: Design a National Censu
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experiences discrimination (e .g .,
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Barriers to exercising human rights
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PART 2: THE CONVENTION ON THE RIGHT
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obJecTives The background informati
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discrimination” therefore encompa
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eXeRcise 1.1: what does it Mean to
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2. Analyze: Break into pairs or sma
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with disabilities. It also specifie
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AddiTionAl ResouRces on eQuAliTy An
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obJecTives The exercises and backgr
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eXeRcise 2.1: getting started Think
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who is bipolar”; “You are a tee
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eXeRcise 2.3: understanding barrier
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In order to achieve accessibility,
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The bbc: Taking a holistic Approach
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chAPTeR 3: The RighT To PARTiciPATi
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examples of barriers to Participati
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In summary, States have the obligat
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People with disabilities also have
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4. Take Action: Use the tool you ha
Page 70 and 71: eXeRcise 3.4: making a commitment t
Page 72 and 73: • Understand the provisions relat
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Page 78 and 79: • Rule 4 addresses support servic
Page 80 and 81: eXeRcise 4.4: making a commitment t
Page 82 and 83: getting started: thinKing abOut the
Page 84 and 85: 1. introduce: Explain that people w
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Page 88 and 89: exerCise 5.3: advocating for Commun
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Page 92 and 93: workers. (For examples of checklist
Page 94 and 95: Chapter 6: freedOm frOm tOrture and
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Page 100 and 101: 3. report: Ask a spokesperson from
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Page 108 and 109: ObJeCtiVes The background informati
Page 110 and 111: y a number of different rights. Rel
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Page 114 and 115: what dOes human rights law say abOu
Page 116 and 117: • Article 23(3) addresses some of
Page 118 and 119: exerCise 7.4: making a Commitment t
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Page 126 and 127: General Comment 14 proceeds to disc
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Page 132 and 133: Persons with disabilities and hiv/A
Page 134 and 135: withhOlding mediCal treatment a pol
Page 136 and 137: sample adVanCe health Care direCtiV
Page 138 and 139: chAPTeR 9: The RighT To hAbiliTATio
Page 140 and 141: prevented from the benefit of these
Page 142 and 143: Peer support in habilitation and Re
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Page 146 and 147: • • • • Invent a fictional
Page 148 and 149: does not like animals learn to work
Page 150 and 151: obJecTives The exercises and backgr
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Page 154 and 155: 3. Report: Ask each group to presen
Page 156 and 157: Although much shorter, Article 27(2
Page 158 and 159: exeRcise 10.4: making a commitment
Page 160 and 161: obJecTives The background informati
Page 162 and 163: The Ten Principles of “independen
Page 164 and 165: 2. discuss: Divide participants int
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Page 168 and 169: supported decision-making for Peopl
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has been the victim of a crime may
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3. discuss: • What are the conseq
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International human rights law stro
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chAPTeR 13: The RighT To edUcATion
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education and access to secondary a
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education in Action: shudarson sube
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What is “inclusion”? inclusive
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exeRcise 13.4: speaking Up for educ
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exeRcise 13.5: making a commitment
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exeRcise 14.1: barriers to Particip
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• The duty of States to take meas
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The inclusion in CRPD of language s
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disability sport in Australia: <str
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case law: Addressing discrimination
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3. Role Play/discuss: Have the spok
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chAPTeR 15: The hUMAn RighTs of chi
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arriers to children with disabiliti
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• challenge your own and others
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the CRPD affirms. The CRC provides
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As the example above demonstrates,
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• Article 13: the right to freedo
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eXeRcise 15.4: children with disabi
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exeRcise 15.5: Making a commitment
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violations of human rights that hav
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specific or “thin brush” Approa
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exeRcise 16.3: how Does the CRPD Af
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eproductive health care, disabled w
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woMen wiTh disAbiliTies As oRgAniZe
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chAPTeR 17 The hUMAn RighTs of oThe
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exeRcise 17.1: what does it Mean to
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The cRPd, in addition to recognizin
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Including people with disabilities
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exeRcise 17.4: Making a commitment
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PART 3: ADVOCACY! TAKING ACTION FOR
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• Working to implement disability
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STEP 2: ARTICULATING THE CHANGE YOU
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Strengths: • What are your advant
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STEP 4: MAKING YOUR ACTION PLAN Now
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Balcazar, F.E. (2005) Advocacy acti
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Description: Measurement: 1 st Goal
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unIveRsAl DeclARAtIon oF HumAn RIGH
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Article 14. (1) Everyone has the ri
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(3) These rights and freedoms may i
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2) You have the right to leave your
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Article 1 Right to Equality Article
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(l) Recognizing the importance of i
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(e) Equality of opportunity; (f) Ac
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(a) To raise awareness throughout s
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(a) Enjoy the right to liberty and
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Article 21, Freedom of expression a
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language and/or Braille, and to tra
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appropriate steps to safeguard and
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(b) Facilitating and supporting cap
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4. A State Party which has submitte
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2. References to “States Parties
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conventIon on tHe RIGHts oF peRsons
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• Respect for difference • Acce
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2. The countries will also; a. Set
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nationality without a reason or bec
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ondary education because of their d
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them get out of poverty. This espec
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286 HumAn RIGHts. yes! ActIon AnD A
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288 HumAn RIGHts. yes! ActIon AnD A
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HumAn RIGHts InstRuments The follow
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instead she or he draws others into
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• Invite participants to let you
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1. HAlF-DAy/ 3 1/2 - HouR woRKsHop
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exercise 13.1: what Rights to educa
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Annex 4: A GlossARy FoR DIsAbIlIty
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human rights. They must adopt laws
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nonbinding: A document, like a decl
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Annex 5: InDex Abuse . . . . . . .
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prison ............................
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