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Full page photo print - Harvard Law School Project on Disability

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3. Regi<strong>on</strong>al human Rights C<strong>on</strong>venti<strong>on</strong>s<br />

In additi<strong>on</strong> to the UN human rights framework, which applies globally, some regi<strong>on</strong>al instituti<strong>on</strong>s<br />

have developed human rights instruments specifically for the countries in their regi<strong>on</strong>. These<br />

include –<br />

• The African Charter <strong>on</strong> human and Peoples’ Rights, developed by the Organizati<strong>on</strong><br />

of African Unity, 1986 4<br />

• The European C<strong>on</strong>venti<strong>on</strong> for the Protecti<strong>on</strong> of human Rights and fundamental<br />

freedoms, developed by the Council of Europe, 1953 5<br />

• The Inter-American C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> human Rights, developed by the Inter-American<br />

Commissi<strong>on</strong> <strong>on</strong> Human Rights, 1978 . 6<br />

who IS RESPoNSIblE foR hUmAN RIGhTS?<br />

Governments:<br />

Governments are the primary actors resp<strong>on</strong>sible for ensuring people’s human rights .<br />

Governments must ensure that political and legal systems are structured to uphold human<br />

rights through laws, policies, and programs, and that they operate effectively . In some cases,<br />

internati<strong>on</strong>al c<strong>on</strong>venti<strong>on</strong>s and treaties are the main source of a State’s legal obligati<strong>on</strong>s with<br />

respect to human rights . However, in many countries, nati<strong>on</strong>al c<strong>on</strong>stituti<strong>on</strong>s, bills of rights, and<br />

legal frameworks have been developed or amended specifically to reflect universal human<br />

rights principles and standards in internati<strong>on</strong>al law, providing a double layer of protecti<strong>on</strong> and<br />

reinforcement of these principles <strong>on</strong> the nati<strong>on</strong>al level .<br />

Governments have a legal obligati<strong>on</strong> to respect, protect, and fulfill human rights .<br />

Respecting, Protecting, and Fulfilling Human Rights<br />

Respect: The obligati<strong>on</strong> to “respect” human rights means that States must not interfere<br />

with the exercise and enjoyment of the rights of people with disabilities . They must<br />

refrain from any acti<strong>on</strong> that violates human rights . They must also eliminate laws,<br />

policies, and practices that are c<strong>on</strong>trary to human rights .<br />

Protect: The obligati<strong>on</strong> to “protect” human rights means that the State is required<br />

to protect every<strong>on</strong>e, including people with disabilities, against abuses by n<strong>on</strong>-State<br />

actors, such as individuals, businesses, instituti<strong>on</strong>s, or other private organizati<strong>on</strong>s .<br />

Fulfill: The obligati<strong>on</strong> to “fulfill” human rights means that States must take positive<br />

acti<strong>on</strong> to ensure that every<strong>on</strong>e, including people with disabilities can exercise their<br />

human rights . They must adopt laws and policies that promote human rights . They<br />

must develop programs and take other measures to implement these rights . They<br />

must allocate the necessary resources to enforce laws and fund programmatic<br />

efforts .<br />

4 See http://www1 .umn .edu/humanrts/instree/z1afchar .htm<br />

5 See http://c<strong>on</strong>venti<strong>on</strong>s .coe .int/Treaty/en/Treaties/Html/005 .htm<br />

6 See http://www1 .umn .edu/humanrts/oasinstr/zoas3c<strong>on</strong> .htm<br />

PART 1: UNDERSTANDING ThE hUmAN RIGhTS of PERSoNS wITh DISAbIlITIES<br />

9

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