Expert Group Meeting and Seminar background.
Policy framework for rights-based approaches to development
The relevant international normative frameworks for design and evaluation of
disability-sensitive strategies, policies and legislation include the "Universal
Declaration of Human Rights", the "International Covenant on Civil and Political
rights" and "International Covenant on Economic, Social and Cultural
Rights" [1]. Non-binding disability-specific international
instruments are the World Programme of action concerning Disabled Persons (1982) [2] and the "Standard Rules on the Equalization of Opportunities for
Persons with Disabilities (1993) [3]. Instruments in the field of
employment and rights of workers include International Labour Organization (ILO)
Convention No. 159, "Vocational Rehabilitation and Employment (Disabled Persons),
1983" [4] and ILO Recommendation No. 168, "Vocational
Rehabilitation and Employment (Disabled Persons), 1983" [5]. In the
Asian and Pacific region, the ESCAP Commission at its fifty-eighth session adopted
resolution 58/4 "Promoting an inclusive, barrier-free, and rights-based society for
people with disabilities in the Asian and Pacific region in the twenty-first
century". The High-level Intergovernmental Meeting to Conclude the Asian and Pacific
Decade of Disabled Persons, which met at Otsu, Shiga, Japan, from 25 to 28 October,
adopted the Biwako Millennium Framework for Action towards an inclusive, barrier-free and
rights-based society for persons with disabilities in Asia and the Pacific" [6]. These instruments provide a normative basis for a broad human rights
framework for formulating strategic options, drafting policies and plans and evaluating
measures to promote equal treatment and effective protection of persons with disabilities
in the exercise of their civil, political, social, economic and cultural rights
appropriate to Asia and the Pacific.
At the Millennium Summit, held at the United Nations in September 2000, heads of State
and Government committed themselves to "making the right to development a reality for
everyone." [7] The "Millennium Development Goals" [8] provide a framework for the design and evaluation of comprehensive
inter-sectoral development instruments appropriate to twenty-first century, whose first
priority is poverty eradication. However, the Millennium Development Goals do not address
the situation of persons with disabilities.
Normative guidance on the promotion of equalization of opportunities for employment of
persons with disabilities is provided in Rule 7 of the United Nations Standard Rules on
the Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96, annex, of 20 December 1993):
"States should recognize the principle that persons with disabilities must be
empowered to exercise their human rights, particularly in the field of employment . . .
[persons with disabilities] must have equal opportunities for productive and gainful
employment in the labour market." [9]
The fifty-second session (1997) of the General Assembly considered both the normative
and substantive aspects of a broad human rights framework related to the advancement of
persons with disabilities and the political economy of disability on the basis of a report
of the Secretary-General on his third five-year review and appraisal of the World
Programme of Action concerning Disabled Persons (A/52/351) [10]. In
resolution 52/82 the Assembly expressed the view of "the need to adopt and implement
effective public policies and programmes to promote the rights of persons with
disabilities" and identified three priority areas for promoting equalization of
opportunities for persons with disabilities: accessibility, social services and social
safety nets, and employment and sustainable livelihoods. [11]
The Biwako Millennium Framework for Action is expected to contribute to attainment of
the Millennium Development Goals and targets with reference to the situation of persons
with disabilities in Asia and the Pacific. For instance in the area of education BMF
target 7 states "at lease 75 per cent of children and youth with disabilities of
school age will, by 2012, be able to complete a full course of primary schooling".
BMF target 21, on poverty alleviation, states "Governments should halve, between 1990
and 2115, the proportion of persons with disabilities whose income and consumption is less
than one [United States] dollar a day".
Progress in the elaboration of a new comprehensive and integrated international
convention in the field of disability - a seventh human rights instrument - will need to
be informed of both development issues and trends - implementation of the Millennium
Development Goals in particular and related regional instruments - and progress in
promotion and protection of the rights of persons with disabilities on the basis of
current binding as well as non-binding international instruments. The work would need to
take into account current developments related to definitions and classifications of
disability and progress in data collection and statistics for purposes of
disability-sensitive analysis, planning and evaluation. The work also should take into
account reviews and assessments of issues and trends in national law and legislation and
of contributions that civil society institutions are making in promoting rights-based
approaches to development and advancement of persons with disabilities.
The current project thus is concerned with (1) an analysis and further elaboration of
the context and (2) consideration of the structure and elements of what would be the
seventh international human rights instrument - a comprehensive and integrated
international convention on the rights of persons with disabilities in the context of
development. The project focuses on national and regional initiatives related to the
rights of persons with disabilities in the Asian and Pacific region and of measures to
promote their full and effective participation in social life and development. The outcome
of the Asia and Pacific regional meeting will be a strategic framework for advocacy of
rights based approaches to development, for negotiation of disability-sensitive policy
options and instruments, and for training and institution building to strengthen national
capacities for rights based approaches to development and promotion of sustainable
livelihoods of persons with disabilities in mainstream development. The outcome of the
Asian and Pacific regional meeting and workshop would provide input for the Ad Hoc
Committee on the elaboration of a new international instrument in the field of disability,
established pursuant to Assembly resolution 56/168.
The Asian and Pacific regional meeting will be supported by parallel virtual fora ,
whose design and development will be based on accessible Internet-enabled technologies
appropriate to the Asia and Pacific region.
Notes:
1 "Overview of International Legal Frameworks for Disability
Legislation" - http://www.un.org/esa/socdev/enable/disovlf.htm.
2 Document A/37/351/Add.1 and Add.1/Corr.1, annex - http://www.un.org/esa/socdev/enable/diswpa00.htm.
3 General Assembly resolution 48/96, annex - http://www.un.org/esa/socdev/enable/dissre00.htm.
4 < http://www.ilo.org/ilolex/english/convdisp2.htm
>
5 < http://www.ilo.org/ilolex/english/recdisp2.htm
>
6 < http://www.unescap.org/sps/bmf.htm
>
7 General Assembly resolution 55/2, para. 11 < http://www.un.org/millennium/ >
8 "United Nations Millennium Declaration" (General Assembly
resolution 55/2) < http://www.un.org/spanish/millenniumgoals/ares552.html
>
9 General Assembly resolution 48/96, of 20 December 1993, annex < http://www.un.org/esa/socdev/enable/dissre04.htm
>
10 < http://www.un.org/esa/socdev/enable/disrawp0.htm
>
11 < http://www.un.org/esa/socdev/enable/disimpe0.htm
>
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