Regional Workshop on Monitoring the Implementation of the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific (BMF)
Bangkok, Thailand, 13-15 October 2004

Overview of international norms and standards related to disability and recent developments in the elaboration of a c comprehensive and integral international convention on promotion and protection of the rights and dignity of persons with disabilities

Presented by Clinton E. Rapley
Director of Planning Services
Associates for International Management Services

Slide 1

UN ESCAP Regional Workshop on Monitoring Implementation of the Biwako Millennium Framework
Bangkok, 13-15 October 2004

Overview of international norms and standards related to disability and recent developments in the elaboration of a c comprehensive and integral international convention on promotion and protection of the rights and dignity of persons with disabilities

Clinton E. Rapley – Director of Planning Services
Associates for International Management Services

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Presentation Agenda

• Brief review of recent developments in international norms and standards related to disability
• Elaboration of the new international convention:
  • Outcome of third session of Ad Hoc Committee (New York, 24 May – 4 June 2004)
  • Outcome of fourth session of Ad Hoc Committee (New York, 23 August - 3 September 2004)
• Action to develop a priority theme: accessibility with reasonable accommodation
• Way ahead: 59th session of General Assembly and 2005

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Policy instruments of UN global programme on disability

• World Programme of Action concerning Disabled Persons
• Two goals: full participation, and equality
• Three objectives: prevention, rehabilitation and equalization of opportunities
• Findings of fourth review and appraisal (A/58/61/E/2003/5):
  1. Progress on the elaboration of a comprehensive and integrated international instrument on the rights of persons with disabilities in the context of development
  2. Policy priorities for action on equalization of opportunities in the context of development – accessibility; social services and safety nets; and employment and sustainable livelihoods
  3. Progress in reinforcing the disability perspective in technical cooperation activities
  4. Progress in data and statistics on disability in mainstream development
  5. Progress in improved planning and coordination of activities of the United Nations system to promote equalization of opportunities
• Report findings and recommendations noted with appreciation by General Assembly resolution 58/132 of 22December 2003.

Source: <http://www.un.org/esa/socdev/enable/disa5861e.htm>

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Policy instruments of global programme on disability (2)

• Standard Rules on Equalization of Opportunities for Persons with Disabilities
• Proposed supplement: “reaching the most vulnerable”
• Selected topics:
  • Adequate standard of living and poverty alleviation
  • Housing, including the issue of residential institutions
  • Health and medical care
  • Emergency situations
  • Access to the social environment
  • Communications issues
  • Personnel training
  • Gender
  • Children with disabilities and the family
  • Violence and abuse
  • Older persons
  • Development and psychiatric disabilities
  • Invisible disabilities

Source: Report of Special Rapporteur on third mandate, Annex (E/CN.5/2002/4) <http://www.un.org/esa/socdev/enable/disecn520024e2.htm>

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Policy instruments of global programme on disability (3)

• Action on the proposed Supplement to the Rules
• Views of Governments considered at 42nd session of Commission for Social Development (New York, 4-13 February 2004)
• Sixteen replies, presenting views of 40 Governments [EU= 16 + 10]
  • Majority replying is favourable of adoption of proposed supplement to the Rules.
  • Majority replying views Rules as complementary and mutually reinforcing to new international convention
  • Majority further views Rules must continue to play the role as an action-oriented set of guidelines while progress was made towards an international convention on the rights of persons with disabilities
• Priorities among issues in the Supplement proposed by Sheikha Hessa:
  • Children with disabilities;
  • Gender;
  • Adequate standard of living and poverty alleviation;
  • Developmental and psychiatric disabilities.
• General Assembly at its 59th session will consider the proposed Supplement to the Rules

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Ad Hoc Committee – third session

• AHC 03 had draft text of a new international convention prepared by its Working Group, comprised of representatives of Governments, NGOs and national human rights institutions
• AHC 03:
  1. had a first reading of the draft text;
  2. considered (a) draft articles 1 to 24, (b) issues related to international cooperation and (c) preamble;
  3. proposed revisions and amendments to the draft text.
• AHC 03 decided to defer to 4th session:
  1. consideration of title of convention;
  2. structure;
  3. part of the preamble;
  4. definitions (article 3);
  5. monitoring issues (article 25).

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Ad Hoc Committee – third session (2)

• Delegation of Mexico tabled draft text on “international cooperation” as article 24 (bis):
  Proposed article 24 (bis) presents international cooperation as essential an element in implementing the convention and encourages States Parties to exchange of knowledge and experience, encourage technical exchanges - but without specific resource commitment; international and regional organizations would seek to integrate disability perspective in their work; civil society and private sector would promote sharing of knowledge and experience and contribute to increased public awareness.
• Some Governments – Australia; EU - expressed view that implementation of convention is responsibility of States Parties, and national compliance should not be conditional on receiving “international assistance”
• China, among other delegations, expressed the view that international cooperation could be conducive to implementation of the international convention

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Ad Hoc Committee – fourth session

• AHC 04 concluded its first reading of draft text
• AHC 04 reviewed in plenary draft articles 1 to 15 and 24 (bis)
• AHC 04 had informal discussions on draft text under chairmanship of Ambassador Don MacKay (New Zealand), which considered:
  Draft article 4 (General obligations) – should include concept of progressive realization of economic, social and cultural rights;
  Draft article 5 (Promotion of positive attitudes) – need for fine-tuning;
  Draft article 6 (Statistics) – should be a separate article and not incorporated in article 25 (Monitoring);
  Draft article 7 (Equality and non-discrimination) – discrimination includes all forms of discrimination – direct and indirect.
• Mexico serves as facilitator on draft article 24 (bis), whose consideration continues to AHC 05
• AHC 04 decided to continue consideration of draft text in 2005.

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Development of a priority theme - Accessibility

• Accessibility is recognized as a priority in furthering equalization of opportunities
• Rule 5 of the Standard Rule addresses accessibility in the built environment and in information and communication technologies
• Draft article 19 of the international convention address accessibility as an obligation of States Parties
• UN Economic and Social Commission for Western Asia (ESCWA) organized at Beirut, from 25-26 May 2004, the “Regional Expert Group Meeting on ICT for Persons with Disabilities,” to consider accessibility, new technologies and their contributions to furthering full and effective participation of persons with disabilities in social life, development and sustainable livelihoods.
• Accessibility with reasonable adaptation was a theme presentation for the EGM on ICT and Persons with Disabilities

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Accessibility with reasonable adaptation

• Accessibility: designs that provide flexibility to meet needs, preferences and capacities of end users
• Reasonable accommodation:
  • reasonable for whom
  • level of accommodation
• Reasonable adaptation:
  • accessibility considerations begin at the outset of the design and development process
  • furthers equalization of opportunities
  • promotes inclusion and addresses barriers that exclude many from participating in development

Source: <http://www.worldenable.net/reasonablea/default.htm>

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Implementing accessibility with reasonable adaptation

• Six decision points:
  1. Policy frameworks that promote accessibility for all
  2. Assessments of user needs and preferences to provide reasonable adaptation for all
  3. Standards and guidelines for planning, design, evaluation and effective participation
  4. Research, development and testing of procedures and tools
  5. Monitoring and evaluation, including self-evaluation
  6. Promotion, information and outreach on environmental accessibility for all
• Continued progress in elaborating the international convention is essential for appropriate policy and substantive guidance on environmental accessibility

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Way ahead concerning norms and standards related to disability

• Third Committee (Social and humanitarian) of General Assembly at its 59th session will consider report on fourth session of AHC:
  Report is considered as part of the “human rights” set of agenda items of the Committee, although presentations are made by both Human Rights and Department of Economic and Social Affairs
• Fifth Committee (Administrative and budget) of General Assembly at its 59th session will consider financial implications of recommendations submitted by fourth session of AHC:
  Main issue before the Committee: how many sessions of AHC and their duration in 2005, and how to pay for this.

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