Seminar and Workshop background.
A. 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
Américas the twenty-ninth regular session of the General Assembly of the Organization of
American States adopted the "Inter-American Convention on the Elimination of All
Forms of Discrimination against Persons with Disabilities". 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.
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."[6] The "Millennium Development Goals"[7] 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." [8]
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). [9] 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. [10]
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 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. Account would need to be taken of current developments related
to definitions and classifications of disability and of progress in data collection and
statistics for 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 institutions of civil society make in promoting
rights-based approaches to development and advancement of persons with disabilities as a
mainstream issue.
The current project is concerned with (a) an analysis and further elaboration of the
context and (b) consideration of the structure and elements for what would be the seventh
international human rights instrument - a comprehensive and integrated international
convention on the rights of persons with disabilities in development. The project focuses
on national and regional initiatives related to the rights of persons with disabilities in
the Américas and of measures adopted to promote their full and effective participation in
social life and development. The outcome of the regional Américas seminar and workshop
will be a strategic framework on advocacy of rights based approaches to development,
formulation and negotiation of disability-sensitive policy options and scheme for
preparation of training and resource materials to build national capacities for rights
based approaches to development and promotion of sustainable livelihoods of persons with
disabilities in the mainstream. The outcome of the Américas regional seminar 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 Américas regional seminar and workshop will be supported by parallel virtual fora
, whose design and development will be based on accessible Internet-enabled technologies
appropriate to the Américas 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 General Assembly resolution 55/2, para. 11 < http://www.un.org/millennium/ >.
7 "United Nations Millennium Declaration" (General Assembly
resolution 55/2) < http://www.un.org/spanish/millenniumgoals/ares552.html
>.
8 General Assembly resolution 48/96, of 20 December 1993, annex < http://www.un.org/esa/socdev/enable/dissre04.htm
>.
9 < http://www.un.org/esa/socdev/enable/disrawp0.htm
>.
10 < http://www.un.org/esa/socdev/enable/disimpe0.htm
>.
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