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International Convention on the Rights of Persons with Disabilities

UN ESCAP/APDF Workshop on Regional Follow-up to the Third and Fourth Sessions of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 11-12 October 2004

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Materials : Country/Review Paper

Review paper on disabled people in the Republic of Maldives

1. General overview of disability-specific legislation in Maldives/region

There is no disability specific legislation in the Maldives or regional. A specific disability legislation should be developed at regional and national level to promote BMF locally and regionally. The regional country cooperation such as South Asian Association for Regional Cooperation (SAARC) countries could focus on developing a disability regional forum or a resolution or a Convention like the SAARC convention on the rights of the child.

2. current level of implementation of BMF in the Maldives

Maldivians have little awareness on BMF and disability is a neglected issue but the thinking needs to focus on rights based approach. With Care Society’s effort Government recognizes that disability is an area that cannot be overlooked in the development of the country but there is very little effort put in the Maldives to the implementation of BMF in the Maldives. On example cited could be that recent built schools and other places continue to be built without accessible environments because there is no building code.

3. your views on why we need an international convention on disability

My view is that there is a great prerequisite to an International Convention to be developed and agreed at the shortest possible period as rights of disabled people cannot be sacrificed or delayed over for a long time. Time and immediate action needs to be implemented in many countries such as the Maldives.

An international Convention will enable the states and the society to recognize that they have obligations to all its citizens as well as the disabled people who cannot be left behind the development of the country. Such a Convention will be binding and allows proper mechanisms to be in place with a focal monitoring body. The globalization links the states together and the states are answerable to meet the international standards to respect integrity and rights of disabled people.

4. your views and inputs on each of the following components of a proposed convention

a) preamble

The preamble like CRC and other conventions should respects all the Human rights principles enlightened in all the UN standards

These principles should protect dignity and rights of disabled people as identified in the BMF and Equal Opportunties and other UN treaties and conventions and other international human rights conventions that promote equality.

b) Objectives

The objectives of the Convention should clearly state the responsibilities of the State parties and the community in promoting the countries towards an inclusive barrier free and rights based society

c) scope/definitions

Broad definitions of what disability and definitions of protection rights should be care on the following areas

Areas

  • Disability
  • Education
  • Environment
  • Employment
  • Recreational sports and community activities.

d) state parties obligations

State parties should be obliged to fulfill the following areas

Provision of basic needs

  • Basic Education
  • Primary Health care
  • Employment opportunities
  • Right to participate in recreational activities and sports
  • Right to make decisions about their lives
  • Right to welfare system

e) guarantee of equality and non discrimination

  • States parties shall be responsible to raise awareness about the rights of disabled
    people
  • Provide opportunities to develop self help groups of disabled people and collaborate with them to identify their needs
  • State parties shall ensure that the rights of all persons including disabled people are equal before the law and develop mechanisms to prevent any discriminations against any of its citizens

f) guarantees of specific rights

Specific rights of disabled people shall include the following

  • Right to Life
  • Equal rights as other citizens similar to the human rights perspectives in other international instruments
  • Right to Education
  • Freedom of expression, opions and views and access to information
  • Participation rights
  • Right to basic health care
  • Right to social security and welfare system
  • Accessibility
  • Employment

g) monitoring /review/remedy mechanisms

State party shall designate a focal point. A national council will help to direct and budget allocation of resources to include disabled people’s needs and rights.

A steering committee under the National Council shall oversee the implementation of the National action plans on disability.

Human Rights Commission shall have a focal point in monitoring and reviewing the progress on national action plans implemented and follows on regular periods

h) miscellaneous provisions

5. Your views and inputs on process towards elaborating a proposed convention

A convention will go through the motions with more involvement from Governments. As almost each county has UNDP/UNESCAP office, close collaboration and effort shall put the Governments under pressure to play a big role in protecting the rights of disabled people. Governments shall be put under pressure to address the needs of disabled people and devise methods to get their cooperation.

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