Interregional Seminar and Symposium on
International Norms and Standards relating to Disability,
REPORT
Part: 1 2 3 4 5 6 7 8

II. Recommendations of the Seminar

A. Cluster One: International norms and standards

1. Recommendations addressed to the United Nations

(a) United Nations Commission on Human Rights

1. The United Nations Commission on Human Rights is urged to consider appointing a thematic “Special rapporteur on human rights violations against persons with disabilities” to investigate systematic and individual violations of the human rights of persons with disabilities (the mandate, which should be drawn up in consultation with disability groups, should include a comprehensive range of issues, such as gender-based and cross-disability matters).

2. The United Nations Commission on Human Rights is further urged to adopt a resolution requesting all its thematic mechanisms to ensure that relevant violations of the human rights of persons with disabilities be incorporated in their work and reports, in the same way that the Commission had done in relation to gender issues.

3. The existing thematic mechanisms of the Commission on Human Rights are urged to take appropriate steps to ensure that they identify and give due weight to the violations of the rights of persons with disabilities that fall within their mandates.

4. The Special Rapporteur on Violence against Women of the Commission on Human Rights should consider taking up the issue of violence against women with disabilities as a theme for a detailed study in one of her future annual reports.

(b) United Nations Human Rights Treaty Bodies

United Nations Human Rights Treaty Bodies are urged to consider the following actions:

1. Ensure that periodic reports from State parties include detailed information on the human rights situation of persons with disabilities in their country reports.

2. Consider (if they have not already done so) adoption of a general comment or recommendation on the application of their respective treaty to persons with disabilities, taking into account existing jurisprudence and general comment and recommendations of other committees.

3. Take appropriate steps to develop further the disability aspects of their work, for example by encouraging States parties to nominate persons with disabilities for election to the treaty bodies, through employment of persons with disabilities as United Nations staff members and interns to facilitate the work of the committees, and by inviting disability non-governmental organizations and other organizations of persons with disabilities (to continue) to provide them with information on the rights of persons with disabilities.

(c) United Nations Secretariat

1. The Division for Social Policy and Development, Department of Economic and Social Affairs of the United Nations Secretariat is requested to transmit copies of the report of this seminar for information to the following:

(a)        Office of the United Nations High Commissioner for Human Rights, for consideration, and for transmission of the relevant parts of the report to the thematic mechanisms of the Commission on Human Rights;

(b)        United Nations Division for the Advancement of Women for appropriate consideration, and for forwarding to the Commission on the Status of Women at its next session;

(c)        Chairpersons of each United Nations human rights treaty body with a request that they bring the relevant recommendations to the attention of members of the respective committees.

2. The Division for Social Policy and Development, in collaboration with the Office of the United Nations High Commissioner for Human Rights and the United Nations Division for the Advancement of Women, and appropriate intergovernmental bodies as well as appropriate non-governmental organizations, should organise or facilitate organization of the following activities[2]:

(a) judicial colloquia for members of national judiciaries focusing on the domestic utilisation of international human rights norms in domestic litigation, with particular focus on the use of general human rights norms and disability-specific norms to advance the human rights of persons with disabilities (including women with disabilities); and

(b) training sessions for human rights non-governmental organizations on human rights issues and standards with particular relevance to persons with disabilities, in consultation with disability groups in the selection of trainers and trainees.

(d) Accessibility

1. All United Nations web sites and buildings should be accessible to persons with disabilities to facilitate the use of UN human rights procedures and related international instruments.

2. Dissemination of United Nations documents should occur not only through Internet-based means but in traditional formats as well. Documents on the rights of persons with disabilities should be more broadly disseminated. In addition to dissemination via the Internet, United Nations organizations and programmes should recognize that not all persons with disabilities have access to computers. International norms, standards, policies and programmes should be made easily available and accessible to persons with disabilities, including persons who are not able to read.

3. The United Nations should build on its existing efforts to make information on disability issues available by establishing and maintaining a comprehensive and easily accessible database (e.g. via the Internet) of disability-related information and documents and should encourage the exchange of ideas and information related to disability rights. The database should include:

(a)        relevant national laws (e.g. constitutional provisions, primary and secondary legislation, extra-legal materials such as codes of practice, and case law);

(b)        examples of model laws in a variety of areas;

(c)        reviews and analyses of good practice concerning disability rights;

(d)        references to sources of information and technical assistance (including advocacy);

(e)        directories of disability organisations.

2. Recommendations addressed to Governments

(a) Setting new standards on disability rights

1. United Nations member States as well as disability rights organizations are urged to initiate the process for the adoption of an international treaty dealing specifically with the human rights of persons with disabilities. The following principles should be observed in the process of formulating such an instrument:

(a)        The process of drafting any new treaty needs to be open, inclusive and representative of the interests of all persons with disabilities.

(b)        Persons with disabilities must be principal participants in the drafting of any new treaty at all stages of the negotiation process.

(c)        Formulation of any new treaty must not dilute any existing international provisions on the rights of persons with disabilities and not undermine any national disability standards, which provide a higher level of protection of rights.

2. Regional intergovernmental organisations, which have not already done so, are urged to consider the adoption of regional treaties on the human rights of persons with disabilities.

3. Member States of the International Labour Organisation, which have not already done so, are urged to ratify ILO Convention No 159 (Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983).

4. Member States of the Organisation of American States, which have not already done so, are urged to ratify the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disability (with a recommended reservation to article I (2) (b) on “Discrimination against persons with disabilities”).[3]

(b) Taking action on disability rights

Governments, which do not already, are urged to consider the following actions:

1. Nominate disability rights advocates and persons with disabilities for election to treaty monitoring bodies.

2. Include disability rights advocates and persons with disabilities in their official delegations to intergovernmental conferences.

3. Address in detail the rights and status of persons with disabilities in their periodic reports to United Nations human rights treaty bodies.

4. Respect international law prohibiting the execution of persons with mental retardation and other persons with disabilities and diminished culpability for their behaviour.

5. Provide funding and technical assistance for the training of disability rights non-governmental organizations in human rights.

6. Establish procedures for carrying out a disability impact assessment before the enactment of new laws or the adoption of new policies and programmes.

7. Ensure that there is a national-level commission, committee, authority or other body through which disabled people’s rights and interests can be articulated to the executive and legislature and which can monitor disability rights (such an institutional process may need to be replicated at other sub-national levels where political and legislative power resides).

8. Ensure that the rights and interests of disabled people are represented at government or ministerial level (or indirectly by access to ministerial level).

9. Promote the full participation of persons with disabilities (as well as disability non-governmental organizations) in decision-making and law making at national level (including participation in the political and civic processes, public life and public service or office), as appropriate and by means of positive action.

10. Promote development of disability rights through national budget reviews and policy reviews and evaluations.

11. Ensure that persons with disabilities have access to information about their rights and access to legal aid to further compliance and enforcement.

12. Promote a greater level of awareness and knowledge of disability rights and law among persons with disabilities and the general population (by means of mass media, legal services professionals, the educational curriculum, and public calendar events such as “national disability awareness days”, which are especially important and useful avenues to achieve this end).

3. Recommendations addressed to non-governmental organizations

1. Participants in the Seminar, particularly those based in academic institutions or involved in legal advocacy work, should establish a network to share information about cases before national courts and tribunals in which disability-specific international norms or general human rights norms had been invoked in cases involving the human rights of persons with disabilities. The proposed information sharing should include summaries or full text cases or briefs on-line (via the Internet), model laws and a compendium of national cases.

2. Disability rights non-governmental organizations should:

(a) have access to training in use of United Nations human rights processes, which would serve to further their goals of using international human rights procedures to promote and advance the rights of persons with disabilities; and

(b) continue to provide information on violations of the rights of persons with disabilities to United Nations human rights bodies.

3. Human rights non-governmental organizations should:

(a) co-operate with and assist disability rights NGOs in utilizing human rights instruments and mechanisms; and

(b) in close consultation with disability groups, include the disability rights agenda in their own work and ensure that they take into account the needs of persons with disabilities.

4. Associations of human rights professionals and activists should educate their members about disability rights and undertake specific actions to support the disability rights agenda.

5. Training for effective participation and advocacy: Seminar participants noted the need for persons with disabilities to be empowered and trained to be representatives and advocates (although not exclusively on pure disability issues). In this regard, improving and extending the right to education was seen as instrumental and a key to the promotion of disability rights (which is an issue of concern for all people, not simply disabled persons).

4. Women and disability-related issues

Participants in the Seminar noted that a number of specific measures needed to be taken in order to address adequately the situation of women with disabilities. Priorities for further action include:

(a)        incorporating the gender perspectives in all human rights laws and instruments.

(b)        initiating further research on violence committed against disabled women, document the results and disseminate widely the findings and recommendations for action.

(c)        documenting positive examples of successful campaigns against violations of the human rights of women with disabilities, including all forms of violence against women with disabilities.

(d)        building support among mainstream non-governmental organizations to increase participation of women with disabilities in all their activities.

(e)        documenting and highlighting acts of discrimination that hinder participation of disabled women in programmes and activities of non-disabled women.

(f)        initiating close scrutiny and advocating removal of laws (including customary laws) that discriminate against women with disabilities in relation to their right to marry, bear children and start a family, or in relation to the enjoyment of the right to custody of their children, compared to non-disabled spouses or partners, or in relation to inheritance and property matters.

(g)        promoting awareness and support of laws that protect sexual and reproductive rights of women with disabilities.

(i)         initiating public awareness and promotional campaigns to support allocation of increased funds for the education of women with disabilities, including the use of positive action to enable them to develop their self-development through education and training.

5. Private sector

Private and corporate sector actors, which do not already do so, are urged to familiarize themselves with international norms and standards on disability and assume responsibility for appropriate compliance with relevant norms and standards and develop appropriate codes of practice.

6. Priorities for future research

Participants in the Seminar identified a number of areas for further research and study that could be pursued by international organisations, Governments, as well as non-governmental organisations. Priorities identified include:

(a)        further research into flexible models of defining disability to reflect evolving understanding as to what constitutes disability;

(b)        identifying uses of international standards on disability in domestic law contexts such as litigation, legislation and other public policy formulations;

(c)        research into strategies of other human rights non-governmental organizations in furthering their agenda in international and domestic settings;

(d)        identifying national laws on disability discrimination, special education, vocational rehabilitation, personal support, accessibility to health care services, transport, and other means of support and benefits that may serve as models for the development of national and international laws and policies on disability;

(e)        research on parallel experience with the negotiation of other international treaties in order to obtain appropriate models and ideas for preparation of content and process.

B. Cluster Two: Building national capacities to promote and monitor implementation of international norms and standards

1. International norms represent important frameworks for advocating elimination of discrimination and promotion of equalization of opportunities; they also provide guidance for formulation and evaluation of disability-sensitive strategies, policies and programmes. Promotion and implementation of norms and standards related to disability are strengthened by the interplay between national implementation experiences and outcomes among intended beneficiaries. Information sharing, capacity building and institutional development assume special importance in efforts of countries to further equalization of opportunities.

2. The United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities constitute a comprehensive statement of normative guidance on furthering the goals of the World Programme of Action concerning Disabled Persons of “full participation, and equality”. While non-binding, the adoption of the Rules by the member States of the United Nations reflected the strong commitment of Governments to equalization of opportunities. Among the 22 Rules participants identified three Rules that merit special attention in furthering equalization of opportunities: Rule 5 - Accessibility; Rule 6 - Employment; and Rule 7 - Education.

3. The mechanisms for periodic monitoring of the Standard Rules as well as for the Asia- Pacific Decade of Disabled Persons (1993-2002) provide important opportunities for Governments as well as the non-governmental community and civil society to review and assess progress in furthering equalization of opportunities and to identify new and emerging areas for attention.

4. Capacity building for equalization of opportunities is an important concern for all social groups in their efforts to eliminate discrimination and to achieve “full participation, and equality”. The intensive two-day pilot workshop on training of trainers for equalization of opportunities organized as a parallel event to the Seminar was considered to an unqualified success. The discussion of macro-level socio-economic policies, international issues and norms and standards gained added significance through the exchanges of relevant regional and national experiences. Workshop exchanges also identified important linkages between international instruments and the efforts to promote full and effective participation of social groups in social life and development.

5. Future workshops on norms and standards might best focus on national or sub-regional coverage to ensure the multiplier effect and tailor their agenda with reference to the particular national capacities, institutional arrangements, objectives identified, results expected and desired outcomes. The view also was expressed that training for national personnel might direct special attention to technical skills to improve data collection for planning and analysis of programmes and projects while workshops involving representatives of the non-governmental community and civil society might focus on orientation to basic concepts and documents and practical measures for promoting participation, building community-based institutions and lobbying for equalization of opportunities.

C. Cluster Three: New and emerging approaches to definitions of disability

1. Given that the appropriate public policy goal is protecting human rights, promoting equalization of opportunity or assuring equity of results, an environmental or human rights definition should be considered, when it is necessary to define disability.

2. The United Nations should provide technical assistance in the development of definitions consistent with the principles of universal design.[4]

3. In every case, the intention of the definition must be harmonized with the goals of the law, regulation or enforceable programme.

4. If a uniform law for the protection of the human rights of persons with disabilities is designed, it is imperative that cultural differences be taken into account in the drafting without any infringement of human rights. Such differences may also influence the interpretation and implementation of disability policies on a local, regional (sub-national) and national basis.

5. A systematic review of international instruments of human rights for other social groups must occur to determine whether their use of definitions are entitling or limiting factors. A review of all current international human rights standards to ascertain whether the clauses related to disability differentiate the rights and entitlements from those of other social groups in a disadvantageous manner should also occur.

6. If a human rights treaty concerning persons with disabilities is considered, the implications of the definitions contained in this report must be taken into account. A treaty should be drafted in such a manner that it in no way limits the rights people of disabilities.

7. Research is required to develop standards of eligibility that meet human rights principles as States establish their definitions in programmes.

8. States and organizations must ensure that persons with disabilities and their organizations play a central role in any decision-making process about definitions.

9. Ethical principles must guide the development and application of definitions. The United Nations must develop a framework of ethical principles to guide the development and application of a definition. Definitions ought not to be used for eugenic purposes under any circumstances.

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[2] In accordance with relevant mandates and subject to available resources.

[3] Organization of American States, “Inter-American Convention on the Elimination of all Forms of Discrimination against Persons with Disabilities” (AG/RES. 1608 (XXIX –0/99); Article I (2) (b): “A distinction or preference adopted by a state party to promote the social integration or personal development of persons with disabilities does not constitute discrimination provided that the distinction or preference does not in itself limit the right of persons with disabilities to equality and that individuals with disabilities are not forced to accept such distinction or preference. If, under a state's internal law, a person can be declared legally incompetent, when necessary and appropriate for his or her well- being, such declaration does not constitute discrimination.” <http://www.summit-americas.org/disabled-convention.htm>. Some Seminar participants expressed the view, as discussed in the “Summary of proceedings of Cluster One” below, that declarations of incompetence were excluded from the definition of discrimination in the Convention. Advocates emphasized that in many cases persons with mental disabilities are declared incompetent without due process protections guaranteed under international human rights law.

[4] See “Report of International Seminar on Environmental Accessibility; planning and design of accessible urban development in developing countries (Beirut, 30 November - 3 December 1999)” which lists seven principles of Universal Design:(1) Equitable use - the design is useful and relevant to a wide group of users; (2) Flexibility in use - the design accommodates a wide range of individual preferences and abilities; (3) Simple and intuitive use - the design is easy to understand regardless of the knowledge, experience, language skills or concentration level of the user; (4) Perceptive information - the design communicates information effectively to the user regardless of the ambient condition or the sensory abilities of the user; (5) Tolerance for error - the design minimises the hazards and adverse consequences of unintended actions of the user; (6) Low physical effort - the design can be used easily, efficiently and comfortably with a minimum of fatigue; and (7) Size and space for approach and use - the size and space for approach, reach, manipulation and use should be appropriate regardless of the body size, posture or mobility of the user <http://www.un.org/esa/socdev/enable/disisea.htm>. The report has been issued as a document of the United Nations Economic and Social Commission for Western Asia (ESCWA) as document number E/ESCWA/HS/2000/1.

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