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About UsHREA news programE-Learning Study Guides Home > Learning Centre > Study Guides > Persons with disabilities gracious chastens of persons with disabilities launch Rights at S inquire outside(a) and Regional Instruments of Protection and Promotion study Protection and Service Agencies advocacy, educational and Training Materials Other ResourcesIntroductionDisability and persons with disabilities Persons with disabilities be empower to exercise their civil, govern mental, favorable, economic and cultural justs on an cost basis with early(a)s.Disability summarizes a great tot up of different break slashal limitations occurring in whatsoever lead in any country of the world. People whitethorn be disable by physiological, intellectual or sensory impairment, medical conditions or psychogenic unsoundness. Such impairments, conditions or infirmityes may be durable or cursory in nature. ( streamer Rules on the Equal ization of Opportunities for Persons with Disabilities). Different expressions atomic good turn 18 utilize when referring to persons with disabilities. For example, the barrier differently-abled persons indicates that stultification is non perceived as a deviation from the norm.The border disabled persons might be misinterpreted to imply that the ability of the individual to function as a person has been disabled. This guide uses the term persons with disabilities, which is consistent with the lyric poem used by the United Nations (UN). The UN estimates that t here(predicate) atomic number 18 500 one million million million persons with disabilities in the world today. This number is increasing every year referable to factors such(prenominal) as war and destruction, unwellnessy living conditions, or the absence seizure of knowledge about stultification, its causes, pr topicion and treatment.The majority of persons with disabilities live in slight developed countries wh ere people lack access to substantial go such as health c ar. More over, there exists a clear relationship amid poverty and disability. The risk of impairment is greater for a family that lives in poverty, maculation and at the resembling time, a disabled family outgrowth places high demands on the familys resources. Among persons with disabilities, the following form particularly vulnerable groups that face unlikeness found on two grounds women, children, elders, victims of torture, refugees and displaced persons, and migrant workers.For instance, women with a disability atomic number 18 discriminated against because of their gender and withal because of their disability. Development of disability indemnity The work of the UN constitutes the closely consequential motions hit the booksn by an external organization in the line of business of disability. Based on the world(prenominal) Bill of Rights, the UN formulated the start-off particularised roll regarding d isabilities in 1971 in the Declaration on the Rights of Ment everyy retard Persons. Important other enumerations followed but none of them are well-groundedly binding.The eighties mark the main phase of activity regarding establishing international norms pertaining to persons with disabilities. In 1981, the greens Assembly declared the first International frame of instruction of disable Persons. It was followed by the World Programme of Action Concerning modify Persons in 1982 and the decennium of incapacitate Persons 1983-1992. Throughout the 1990s all UN conferences dealt with disability secures and extended the need for protective(p) instruments (World Conference on gentle Rights 1993, Fourth World Conference on Women 1995, Habitat II 1996).At present, the Ad Hoc delegation on Disabilities is involved in a process to create a convention that protects disabled persons on an international take aim. A high level of awareness is similarly show by the atomic number 63an center, the year 2003 was declared as the European Year of People with Disabilities. Other important regional observances include the Asian and peaceable go of incapacitate Persons (1993-2002), the Afri give the axe Decade of disenable People (2000-2009), and the Arab Decade of modify Persons (2003-2012). dressing to Top Rights at StakePersons with disabilities fall behind from distinction base on societys prejudice and ignorance. In addition, they very much do not enjoy the same opportunities as other people because of the lack of access to essential operate. International serviceman refines rightfulness determines that every person has1. The adept of tintity out front virtue 2. The right to non discrimination 3. The right to gibe opportunity 4. The right to independent living 5. The right to beneficial integration 6.The right to securityPolicy regarding disabilities is often dominated by the notion of tearing down of opportunities, which means that society mo ldiness employ its resources in such a way that every individual, including persons with disabilities, has an equal opportunity to participate in society. Back to Top International and Regional Instruments for Protection and PromotionInternational legal instruments take the form of a accordance (also called agreement, convention, or protocol) that binds the contracting posits to the negotiated terms.When negotiations are complete, the text of a conformity is established as authentic and classical and is signed by the saluteatives of states. A state nookie agree to be bound to a agreement in various ways. The near common are ratification or accession. A new treaty is canonical by those states that give negotiated the instrument. A state that has not participated in the negotiations may, at a later stage, accede to the treaty. The treaty enters into force, or becomes valid, when a pre-determined number of states give up ratify or acceded to the treaty.When a state ratifies or accedes to a treaty, that state may make reservations to one or more binds of the treaty, unless reservations are prohibited by the treaty. Reservations may normally be withdrawn at any time. In some countries, international treaties take precedence over national law in others a specific law may be required to give a ratified international treaty the force of a national law. Practically all states that have ratified or acceded to an international treaty must issue decrees, change quick laws, or introduce new legislation in order for the treaty to be fully effective on the national territory.The binding treaties can be used to force governments to respect the treaty provisions that are relevant for the valet rights of persons with disabilities. The non-binding instruments, such as declarations and resolutions, can be used in relevant situations to embarrass governments by negative public exposure governments who care about their international image may consequently align the ir policies. The following international instruments protect the rights of persons with disabilities.They mainly focus on protect disabled persons from discrimination and creating equal opportunities for them to participate in societyjoined NATIONS widely distributed Declaration of Human Rights (1948) (article 3, 21, 23, 25) The Universal Declaration of Human Rights (UDHR) was choose by the command Assembly of the United Nations in 1948 and get outs human rights standards accepted by all atom states. The UDHR represents the normative basis that led to formulating the standards concerning persons with disabilities that exist today.In name 25 (1) the UDHR specifically comments the socio-economic rights of people with disabilities the right to an adequate standard of living, including food, clothing, lodging and medical care and tender services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age. Article 7 guarantees equivalence bef ore the law and equal protection by the law for all people, including against discrimination. International Covenant on Civil and Political Rights (1966) (article 26) This treaty lists several(prenominal) rights that are relevant to disability.Article 26 states that all people are equal before the law and have the right to equal protection of the law. International Covenant on Economic, genial and ethnic Rights (1966) (article 2) The Covenant does not explicit refer to disability. However, disability can be included under other status in article 2 (2), which calls for non-discrimination on any grounds such as race and color, and other status. To more fully elaborate on the strategies for death penalty of the rights set forth in the International Covenant onEconomic Social and Cultural Rights, the Committee on Economic Social and Cultural Rights &8212 the monitoring remains of the Covenant &8212 issuedGeneral Comment 5 (1994) This General Comment by the Committee on Economic, Soc ial and Cultural Rights formulates obligations of states to eliminate discrimination of persons with disabilities in the areas of equal rights for men and women (double discrimination) (article 3 of the ICESCR), work (ICESCR articles 6-8), social security (article 9), protection of the family (article 10), adequate standard of living (article 11), right to physical and mental health (article 12), right to precept (articles 13 and 14) and the right to take part in cultural life and enjoy the benefits of scientific make (article 15). Declaration on the Rights of Mentally Retarded Persons (1971) This declaration was proclaimed by the UN General Assembly and states that The mentally retarded person has, to the maximum head of feasibility, the same rights as other human beings. Declaration on the Rights of disable Persons (1975) This declaration adopted by the UN General Assembly is the first international document that tried to define the term disability. The Declaration includes a number of social and economic rights as well as civil and political rights.Declaration on the Rights of Deaf-Blind Persons (1979) Article 1 of the Declaration states that every desensitize-blind person is empower to enjoy the universal rights that are guaranteed to all people by the Universal Declaration of Human Rights and the rights provided for all disabled persons by the Declaration of the Rights of Disabled Persons. prescript on the settlement of dissimilarity Against Women (1979) (article 3) The assemblage on the Elimination of variation Against Women, usually abbreviated as CEDAW, does not include any specific article on disability rights, but aims to protect the rights of all women, whether disabled or not. Disabled women face double discrimination based on their gender and secondly, on their disability.In General Recommendation 18 the Committee on the Elimination of Discrimination Against Women, the monitoring body of the CEDAW convention, stresses that disabled wome n suffer from double discrimination and are a particularly vulnerable group. It recommends that governments provide information on disabled women in their period reports and on superfluous measures that governments have taken to ensure that women with disabilities have equal access to education and employment, health services and social security, and to ensure that they can participate in all areas of social and cultural life. A major outcome of the International Year of Disabled Persons (1981) was the formulation of the World Programme of Action Concerning Disabled Persons (WPA) (1982).The WPA is a global strategy to enhance disability ginmill, rehabilitation and equalization of opportunities, which pertains to full participation of persons with disabilities in social life and national development. The WPA also emphasizes the need to approach disability from a human rights perspective. radiation pattern (No. 159) concerning vocational rehabilitation and Employment (Disabled Per sons) (1983) This treaty of the International Labour Organization (ILO), a UN finicalized agency, obligates states to formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons (article 2).This treaty also emphasizes the principle of equal opportunity positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers shall not be regarded as discriminating against other workers (article 4). Convention on the Rights of the Child (1989) (article 2, 6, 12, 23, 28) This treaty lists disability as one of the grounds discrimination is prohibited on (article 2). In addition, article 23 indicately addresses the rights of children with disabilities stating that disabled children are authorise to a full and decent life of dignity and participation in the community. Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care (199 1) This document adopted by the UN General Assembly sets detailed standards for the protection of persons with mental disabilities.It emphasizes that all persons have the right to the best available mental health care and that persons with a mental illness shall be treated with liberality and respect for the inherent dignity of the human person. Individuals with mental disabilities also have the right to protection from economic, sexual and other forms of exploitation, physical or other abuse and degrading treatment. The Principles stipulate that there shall be no discrimination on the grounds of mental illness and that persons with a mental illness shall have the right to exercise all civil, political. In occurrence a person lacks legal capacity due to his or her mental illness any decisions related to the well-being of this person shall be made nevertheless after a fair hearing by an independent and transparent tribunal established by domestic law.Standard Rules on the Equaliz ation of Opportunities for Persons with Disabilities (1993) follow by the General Assembly in 1993 in the aftermath of the Decade of Disabled Persons, the Standard Rules do not constitute a legally binding document for constituent states. However the Standard Rules are the most comprehensive set of human rights standards regarding disability police to date and represent a strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons with disabilities. The document addresses preconditions for equal participation, target areas of equal participation, slaying measures and monitoring mechanisms.Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities are monitored by the UN excess Rapporteur on Disability. The first specific Rapporteur, Bengt Lindqvist (Sweden), was appointed in 1994, and his mandate was regenerate twice, in 1997 and 2000. In 2003, Sheikha Hessa Khalifa bin al- Thani (Qatar) was appointed as the Special Rapporteur. Beijing Declaration on the Rights of People with Disabilities (2000) This declaration was adopted at the World NGO Summit on Disability and calls for a higher standard of living, equal participation and the elimination of discriminatory attitudes and practices. Convention on the Rights of Persons with Disabilities (2007) This treaty was recently adopted and enters into force in May 2008. Back to Top AFRICAN UNION (FORMERLY ORGANIZATION OF AFRICAN UNITY, OAU)African Charter on Human and Peoples Rights (1981) (article 18) The Charter contains article 18 (4) which states that disabled persons have the right to special measures of protection and article 16 (1) provides that every individual shall have the right to enjoy the best attainable state of physical and mental health. COUNCIL OF EUROPEThe Council of Europe is a regional intergovernmental organization consisting of 45 countries. It aims to defend human rights, parliamentary d emocracy and the rule of law. All members of the European Union also last to the Council of Europe.The Council of Europe has not adopted any specific human rights treaty on persons with disabilities, but created two important treaties that include the protection of disabilities rightsEuropean Convention on the Protection of Human Rights and Fundamental Freedoms (1950) (article 5) Article 5 of the Convention states that the right to liberty and security can be infringed upon on grounds of mental disability No one shall be strip of his liberty save in the following cases and in accordance with a procedure prescribed by law the lawful detention of persons for the legal profession of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants. European Social Charter (1961) (article 15) The Charter works as the counterpart to the Convention addressing social and economic rights, such as the right to work, or the right to social security. The Charter was the first human rights treaty to explicitly mention disability. In addition the sevensary Assembly of the Council of Europe has adopted several recommendations about policies regarding persons with disabilitiesRecommendation (818) on the Situation of the Mentally Ill (1977) This document outlines recommendations regarding the protection of mentally ill persons in court, and the legislation rules on the proletariat of mentally ill persons.Recommendation (1185) on Rehabilitation Policies for the Disabled (1992) This recommendation urges member states to ensure active participation in society and equal opportunities for disabled persons. Recommendation No. R(92)6 on a Coherent Policy for the Rehabilitation of People with Disabilities (1992) This instrument recognizes the rights of disabled persons to be different and focuses on the right to independent living and full integration into society. EUROPEAN UNIONThe European Parliament has adopted several resolutions refe rring specifically to the protection of disability rights. The Resolution on the human rights of disabled people (1995) urges the European Commission, the executive branch of the European Union, to take steps to ensure equal opportunities for disabled persons.The Resolution on threats to the right to life of disabled persons (1996) seeks to protect the right to life and states that the European Parliament is opposed to the practice of the active killing by doctors of patients in a persistent vegetative state and disabled new-born children. Finally, the Resolution on the Commissions communication on equality of opportunity for people with disabilities (1997) recognizes that there are 37 million disabled people in the European Union who do not enjoy full civil and human rights and reminds member states of their responsibility to implement disability protection laws on the national level. In December 2000, the Council of Ministers of the European Union adopted a (binding) general the oretical account Directive on equal treatment in employment prohibiting direct and indirect discrimination on the grounds of religion or belief, age, disability or sexual orientation.The Framework Directive is binding upon the current member states, while candidate member states are required to have completed national implementation of the Directive before joining the EU. ORGANIZATION OF American STATES (OAS)American Convention on Human Rights (1969) (article 24) The Convention does not explicitly address the subject of disability, but contains the classical human rights guarantees. For example, Article 24 states the right to equal protection. Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (Protocol of San Salvador) (1988) (article 18) This treaty specifically that persons with disabilities are entitle to receive special attention in order to achieve the greatest possible development of his or her personality.It al so obliges governments to implement special measures to make haste the full integration of persons with disabilities. Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons With Disabilities (1999) This Convention aims to prevent and eliminate all forms of discrimination against disabled persons and to upgrade their full integration into society. Back to TopNational Protection and Service AgenciesSeveral countries such as the Australia, India, the United Kingdom and the USA have passed and implemented national anti-discrimination laws, guaranteeing full participation in society by persons with disabilities. In Australia, the Disability Discrimination Act was passed in 1992.The objectives of the Act are to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of work, accommodation, education, access to premises, clubs and summercater and the provision of goods, facilities, services and land and e xisting laws and the administration of Commonwealth laws and programs and to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the stay on of the community and to promote recognition and acceptance in spite of appearance the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community. In India, two national instruments were passed, the Rehabilitation Council of India Bill and the Persons with Disabilities (Equal Opportunities, Protection of Rights and overflowing Participation) Act. In the United Kingdom, the Disability Discrimination Act of 1995 aims to end the discrimination which many persons with disabilities face.The Act enumerates rights in the areas of employment, access to goods, facilities and services and buying or renting land or property. In the United States, civil rights law regarding persons with disabilities is based on a number of laws among which the Americans with Disabilities Act (ADA) is the most important one. The ADA prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. Examples of further national legislation are the Civil Rights of Institutionalized Persons Act, the Individuals with Disabilities nurture Act and the Rehabilitation Act. Back to Top Advocacy, Educational and Training MaterialsFor advocatesGuide to Disability Rights (and dealing with the system) This guide provides practical information on employment, free medication, social security benefits, special education, and tax benefits. Training Materials for Lawyers and NGOs on the European Convention on Human Rights and the rights of people with mental health problems and/or developmental disabilities (Mental Disability Advocacy Center, Budapest, 2002). This training manual was scripted for lawyers and NGOs attending training s eminars organised by the Mental Disability Advocacy Center (MDAC) and partner NGOs during 2002.The materials are intended to provide insight into the European Convention on Human Rights and mental disability in primal and Eastern Europe. The goal of this manual is to provide an initial look into the human and civil rights of people with mental health and/or developmental disabilities in this region. Subsequently definitions of mental health problems and developmental disabilities are given here along with relevant articles of the European Convention on Human Rights and case law of the European Court of Human Rights and the Council of Europe Committee for the prevention of Torture. For teachersTen messages about children with disabilities (UNICEF) Practical tips for to help children with disabilities learn in a practiced and equitable environment.The Disabled Making Our Own Charter (by Richard Pierre Claude in Popular Education for Human Rights 24 Participatory Exercises for Facil itators and Teachers, HREA, 2000) This is a highly participatory and can be adapted to diverse settings and cultures. At the stopping point of this exercise participants should be able to identify some of the special demand of persons with disabilities justify identifying the needs and rights of the disabled in the form of a abbreviated Preamble to a Charter for the Disabled identify a serial of human rights of the disabled that specifically reflect their needs and are not inconsistent with existing broader international and national rights standards and adopt a invent of action to ensure that disable people learn about their human rights. Back to Top Other ResourcesDisabled Persons and Human Rights European Year of People with Disabilities (2003)International Day of Disabled Persons Organisations advocating for and educating about the rights of persons with disabilities back to top Also available in ingest Enter your email a ddress to subscribe to HREA mailing lists. RSS Feeds Related e-learning course The Rights of Persons with Disabilities Key terms Disability a physical, mental, or sensory impairment, permanent or temporary, that limits the capacity to perform one or more essential activities of daily life Handicap 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 persons with a disability and the environment. Rehabilitation the process to enable disabled persons to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels All human beings are born free and equal in dignity and rights Universal Declaration of Human Rights, Article 1 Some facts in most countries, 1 out of 10 persons has a disability more than half of worlds persons with disabilities dont have access to essential service s war and destruction, unhealthy living conditions, absence of knowledge about disability, its causes, prevention and treatment are factors that account for the rising number of and social expulsion of persons with disabilities there is a clear link between poverty and disability Historical dates 1817 the American School for the Deaf, the first permanent school for the deaf in America, is founded in Hartford, Connecticut (USA) 1829 Louis Braille invents the raised point first principle that has come to be known as Braille 1848 the first residential institution for people with mental retardation is founded by Samuel Gridley Howe in capital of Massachusetts (USA) 869 the first wheelchair patent is registered with the U. S. Patent Office 1920s first vocational rehabilitation programs to provide services to WWI veterans with disabilities 1948 Universal Declaration of Human Rights adopted by UN General Assembly 1962 Ed Roberts, quadriplegic paralyzed from the neck down due to childhood polio, achieves admission to the University of California at Berkeley (USA), a advantage during the 1960s disability movement. 1971 Declaration on the Rights of Mentally Retarded Persons 1973 the first handicap parking stickers are introduced in Washington, D. C. (USA) 1975 Declaration on the Rights of Disabled Persons 976 passage of an amendment to Higher Education Act of 1972 in the USA provides services to physically disabled students entering college 1979 the U. S Olympic Committee organizes its wound in Sports Committee 1981 UN General Assembly proclaims 1981 International Year of Disabled Persons 1982 UN General Assembly adopts the World Programme of Action concerning Disabled Persons 1983 ILO Convention (159) on Vocational Rehabilitation and Employment (Disabled Persons) 1983-1992 Decade for Disabled Persons 1992 UN General Assembly proclaims that 3 December every year be ascertained as the International Day of Disabled Pe rsons 993 UN General Assembly adopts the UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities 1993-2002 Asian and Pacific Decade of Disabled Persons 1994 number 1 Special Rapporteur on Disability, Bengt Lindqvist appointed 2000-2009 African Decade of Disabled Persons 2003 European Year of People with Disabilities 2003-2012 Arab Decade of Disabled Persons 2007 UN General Assembly adopts the Convention on the Rights of Persons with Disabilities This guide was developed by Anna Langenbach. 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