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chAPTeR 17 The hUMAn RighTs of oTheR PoPUlATions of PeRsons wiTh disAbiliTies Un convention on the Rights of Persons with disabilities Preamble: (excerpts) The States Parties to the present Convention… (i) Recognizing further the diversity of persons with disabilities, (k) Recognizing the need to promote and protect the human rights of all persons with disabilities, including those who require more intensive support, (p) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status, (t) Highlighting the fact that the majority of persons with disabilities live in conditions of poverty, and in this regard recognizing the critical need to address the negative impact of poverty on persons with disabilities[.] obJecTives The exercises and background information contained in this chapter will enable participants to work towards the following objectives: • Understand the multiple forms of discrimination that sub-groups within the general population of persons with disabilities may face and to identify discrimination against them as a human rights issue • Identify ways in which the human rights of these sub-groups have been promoted or denied • Explain the importance of affording all persons with disabilities a voice in decisionmaking processes that concern their interests, including the participation of persons with disabilities in development decision-making • Understand and apply the provisions on the human rights of persons with disabilities who may be subject to multiple forms of discrimination in the UN Convention on the Rights of Persons with Disabilities (CRPD) • Highlight possible strategies to advance the rights of all persons with disabilities PART 2: The convenTion on The RighTs of PeRsons wiTh disAbiliTies 219
geTTing sTARTed: ThinKing AboUT The hUMAn RighTs of PeRsons wiTh disAbiliTies who exPeRience MUlTiPle discRiMinATion In general, persons with disabilities are marginalized and face discrimination on account of their disability. Some groups of persons with disabilities face multiple or aggravated discrimination on account of their status or membership in a minority group. They experience discrimination due to their disability as well as other characteristic, situation or circumstance, such as age, social situation or health status. There are many attributes that may result in multiple or aggravated discrimination. These include, but are by no means limited to: race, color, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age, sexual minority status, poverty or other status. A person with a disability who requires intensive support may also experience such aggravated discrimination. People with disabilities may face discrimination in a variety of life circumstances and situations. People with disabilities who are living in a humanitarian crisis, such as natural disaster or armed conflict, may experience discrimination on account of their disability and on the basis of their refugee or displaced status. Health status, for example the situation of a person with a disability who is living with HIV/AIDS or other communicable disease, may also result in discrimination. These differences and a variety of other characteristics and circumstances should be taken into account when considering how best to ensure the human rights and fundamental freedoms of all persons with disabilities. identifying the Many bases of discrimination In 2000, the Charter of Fundamental Rights of the European Union was adopted which includes, among other human rights provisions, one of the most far-reaching non-discrimination provisions in modern human rights law. Article 21(1) provides: “Any discrimination based on any ground, such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.” 1 The non-discrimination provision in the Charter makes clear that discrimination on any grounds, including those specifically mentioned in the provision, as well as other grounds not mentioned in the provision, are prohibited. 1 See http://www.europarl.europa.eu/charter/default_en.htm 220 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
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eXeRcise 3.4: making a commitment t
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• Understand the provisions relat
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making information Available in Pla
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united nations global Audit of web
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• Rule 4 addresses support servic
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eXeRcise 4.4: making a commitment t
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getting started: thinKing abOut the
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1. introduce: Explain that people w
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supports and out of institutions wo
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exerCise 5.3: advocating for Commun
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shelters provided to survivors were
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workers. (For examples of checklist
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Chapter 6: freedOm frOm tOrture and
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typical forms of Violence and abuse
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psycho-social disabilities is anoth
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3. report: Ask a spokesperson from
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of obtaining information and in how
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with disabilities (e.g., women, chi
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sexual ViOlenCe, explOitatiOn, and
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ObJeCtiVes The background informati
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y a number of different rights. Rel
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the ethics of personal assistance T
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what dOes human rights law say abOu
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• Article 23(3) addresses some of
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exerCise 7.4: making a Commitment t
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• Understand the interrelationshi
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health topics for discussion: • O
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the medical model vs. the social mo
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General Comment 14 proceeds to disc
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accessibility: a universal problem
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disability-based rationing of healt
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Persons with disabilities and hiv/A
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withhOlding mediCal treatment a pol
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sample adVanCe health Care direCtiV
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chAPTeR 9: The RighT To hAbiliTATio
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prevented from the benefit of these
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Peer support in habilitation and Re
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may include measures to provide and
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• • • • Invent a fictional
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does not like animals learn to work
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obJecTives The exercises and backgr
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The Right to work for People with d
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3. Report: Ask each group to presen
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Although much shorter, Article 27(2
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exeRcise 10.4: making a commitment
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obJecTives The background informati
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The Ten Principles of “independen
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2. discuss: Divide participants int
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families do not interfere with the
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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
Page 180 and 181: education in Action: shudarson sube
Page 182 and 183: What is “inclusion”? inclusive
Page 184 and 185: exeRcise 13.4: speaking Up for educ
Page 186 and 187: exeRcise 13.5: making a commitment
Page 188 and 189: obJecTives The background informati
Page 190 and 191: exeRcise 14.1: barriers to Particip
Page 192 and 193: • The duty of States to take meas
Page 194 and 195: The inclusion in CRPD of language s
Page 196 and 197: disability sport in Australia: <str
Page 198 and 199: case law: Addressing discrimination
Page 200 and 201: 3. Role Play/discuss: Have the spok
Page 202 and 203: chAPTeR 15: The hUMAn RighTs of chi
Page 204 and 205: arriers to children with disabiliti
Page 206 and 207: • challenge your own and others
Page 208 and 209: the CRPD affirms. The CRC provides
Page 210 and 211: As the example above demonstrates,
Page 212 and 213: • Article 13: the right to freedo
Page 214 and 215: eXeRcise 15.4: children with disabi
Page 216 and 217: exeRcise 15.5: Making a commitment
Page 218 and 219: obJecTives The background informati
Page 220 and 221: violations of human rights that hav
Page 222 and 223: specific or “thin brush” Approa
Page 224 and 225: exeRcise 16.3: how Does the CRPD Af
Page 226 and 227: eproductive health care, disabled w
Page 228 and 229: woMen wiTh disAbiliTies As oRgAniZe
Page 232 and 233: exeRcise 17.1: what does it Mean to
Page 234 and 235: The cRPd, in addition to recognizin
Page 236 and 237: Including people with disabilities
Page 238 and 239: exeRcise 17.4: Making a commitment
Page 240 and 241: PART 3: ADVOCACY! TAKING ACTION FOR
Page 242 and 243: • Working to implement disability
Page 244 and 245: STEP 2: ARTICULATING THE CHANGE YOU
Page 246 and 247: Strengths: • What are your advant
Page 248 and 249: STEP 4: MAKING YOUR ACTION PLAN Now
Page 250 and 251: Balcazar, F.E. (2005) Advocacy acti
Page 252 and 253: Description: Measurement: 1 st Goal
Page 254 and 255: unIveRsAl DeclARAtIon oF HumAn RIGH
Page 256 and 257: Article 14. (1) Everyone has the ri
Page 258 and 259: (3) These rights and freedoms may i
Page 260 and 261: 2) You have the right to leave your
Page 262 and 263: Article 1 Right to Equality Article
Page 264 and 265: (l) Recognizing the importance of i
Page 266 and 267: (e) Equality of opportunity; (f) Ac
Page 268 and 269: (a) To raise awareness throughout s
Page 270 and 271: (a) Enjoy the right to liberty and
Page 272 and 273: Article 21, Freedom of expression a
Page 274 and 275: language and/or Braille, and to tra
Page 276 and 277: appropriate steps to safeguard and
Page 278 and 279: (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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