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Full page photo print - Harvard Law School Project on Disability

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4. Take Acti<strong>on</strong>:<br />

Use the tool you have created, participate in electi<strong>on</strong> observati<strong>on</strong>, help train observers, and<br />

report <strong>on</strong> your electi<strong>on</strong> observati<strong>on</strong>!<br />

RighT To sTAnd foR elecTi<strong>on</strong> And hAve<br />

eQuAl Access To Public seRvice<br />

People with disabilities have the right to stand for electi<strong>on</strong> to public office. While States may<br />

limit that right to those who have reached a minimum age, restricti<strong>on</strong>s must be justifiable and<br />

reas<strong>on</strong>able . <strong>Disability</strong> should never apply as a restrictive c<strong>on</strong>diti<strong>on</strong> .<br />

People with disabilities likewise enjoy equal access to public service and government jobs<br />

at all levels, including working at local government offices as well as serving as government<br />

representative at internati<strong>on</strong>al levels such as the United Nati<strong>on</strong>s . Indeed, a number of disabled<br />

elected representatives as well as governmental public servants participated in the UN<br />

negotiati<strong>on</strong>s that resulted in the adopti<strong>on</strong> of the CRPD . Such inclusi<strong>on</strong> helps to ensure that<br />

government at all levels takes into account the needs of people with disabilities .<br />

In some countries, disabled peoples organisati<strong>on</strong>s have advocated for positive measures in<br />

order to ensure that their interests are effectively represented in their legislatures . In Uganda, for<br />

example, the C<strong>on</strong>stituti<strong>on</strong> requires that a certain percentage of seats in Parliament be accorded<br />

to representatives with disabilities . In other countries, a certain number of parliamentary seats<br />

may be appointed by the executive . This policy has resulted in the presidential appointment of<br />

representatives with disabilities to Parliament, in Namibia for example . In other cases, people<br />

with disabilities may have representati<strong>on</strong> through a <strong>Disability</strong> Advisor linked to the Executive, as<br />

in the case of the Swedish <strong>Disability</strong> Ombudsman or Namibian <strong>Disability</strong> Advisor, or through a<br />

Council <strong>on</strong> <strong>Disability</strong>, as in the case of the United States Nati<strong>on</strong>al Council <strong>on</strong> <strong>Disability</strong> .<br />

RighT To foRm And Join oRgAniZATi<strong>on</strong>s<br />

The CRPD recognizes the right of people with disabilities to form and join disabled peoples<br />

organizati<strong>on</strong>s for the purpose of representati<strong>on</strong> at all levels. This right reflects the human right<br />

of any<strong>on</strong>e to found an associati<strong>on</strong> with others around a particular issue or to join an existing<br />

associati<strong>on</strong> . Forming an associati<strong>on</strong> and joining as a member must be voluntary: no <strong>on</strong>e<br />

can be forced to join any associati<strong>on</strong> . States must provide a legal framework for establishing<br />

associati<strong>on</strong> and must protect this right against interference .<br />

Disabled peoples organizati<strong>on</strong>s are explicitly referenced in the CRPD because they refer<br />

to organizati<strong>on</strong>s established by and for people with disabilities themselves . Associati<strong>on</strong>s<br />

established and run by people with lived experience of disability are best placed to ensure that<br />

the voice of people with disabilities is heard in decisi<strong>on</strong>-making processes . Disabled peoples<br />

organizati<strong>on</strong>s played an important role in the process by which the CRPD was drafted and<br />

will c<strong>on</strong>tinue to play critical roles in the implementati<strong>on</strong> of the treaty .<br />

PART 2: The c<strong>on</strong>venTi<strong>on</strong> <strong>on</strong> The RighTs of PeRs<strong>on</strong>s wiTh disAbiliTies<br />

57

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