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Working Documents
Proposed outline for the ESCAP regional input to the International
Convention
Prepared by
United Nations ESCAP Secretariat
1. Preamble of the Convention
- Recognition of the value of universal human rights stipulated in existing UN Human
Rights instruments, such as UN Charter, the Universal Declaration of Human Rights and core
International Covenants on Human Rights treaties such as CEDAW, etc;
- Recognition of international and regional disability-specific instruments, declarations,
norms, and guidelines to promote human rights and non-discrimination against people with
disabilities such as the 1971 Declaration on the Rights of Mentally Retarded Persons; the
1975 Declaration of Rights of Disabled Persons; the 1982 World Programmof Action
Concerning Persons with Disabilities;1993 Standard Rules on the Equalization of
Opportunities for Persons with Disabilities, and 2002 the Biwako Millennium Framework for
Action towards an Inclusive, Barrier-Free and Rights-Based Society for Persons with
Disabilities in the Asia and Pacific Region;
- Clarification of the link between theses existing instruments and this Convention;
- The role of provisions contained in the Standard Rules in implementation of this
Convention;
- Recognition of the efforts, achievements and obstacles during the Asian and Pacific
Decade of Disabled Persons (1993-2002);
- Emphasizing the State's obligations.
2. Objectives of this Convention
- To promote and protect the rights of persons with disabilities as full-fledged citizens;
- Elimination of all forms of discrimination against people with disabilities;
- To promote the fullest participation and independent living;
- To promote new modalities of the regional collaboration to support national efforts.
3. Principles of this Convention
- Paradigm shift from a charity-model approach to human rights approach
- Non-discrimination and equal opportunity
- Participation of all stakeholders in monitoring and review process
4. Definition
- Who is eligible? Definition of disabilities.
- Definition of human rights
- Definition of discrimination.
5. The state party's obligations
- National laws, policies and programmes;
- Enforcement mechanism for compliance;
- Protection of the international human rights instruments in the national court system;
- Ensuring the active participation of people with disabilities in the drafting,
monitoring and reviewing process of national chapter of the Convention;
- Non-discriminatory judicial system;
- Political and civil rights of persons with disabilities;
- Freedom of associations, and self-help groups;
- Public awareness of the rights of people with disabilities.
6. Rights to development
Self-help groups
- Full participation;
- The right to consultation on, and inclusion of disability issues into, all aspects of
mainstream national development;
Women and disability
Early detection, intervention and education
- Access to early detection services;
- Access to community-based early intervention services;
- Support to families of children with disabilities;
- CBR
- Access to rehabilitation and other medical services;
- Access to education (particularly inclusive education in regular mainstream schools)
mandated by legislation that specifies children with disabilities by name. Inclusion in
all national EFA plans;
- Access to appropriate and accessible teaching materials, equipment and devices and
flexible relevant curriculum.
Employment and training
- Access to mainstream training;
- Employment and job promotion;
- Equal wage and equal opportunities for promotion;
- Workplace adaptation;
- Grand, levies, quota scheme, etc.;
- Work place safety.
Poverty and disability
- Disability statistics (people living below the poverty line);
- Access to development;
- Access to social security;
- Access to social and health insurances;
- Access to inclusion in all poverty reduction measures taken in all countries.
7. Monitoring and reviewing mechanism
- Ratification and signatories;
- Reservations;
- Treaty body of experts at the international level;
- Compositions of the Committee and elective system of its members;
- International Convention Conference among signatories;
- Amendments of the convention;
- State's obligation for submitting the report to the UN GA, or the Committee.
8. Publication
- Translation of the Convention into languages with accessible formats
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