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The Standard Rules: A Short Tour :
Text version of a PowerPoint presentationIntroductionThe United Nations Standard Rules for the Equalization of Opportunities for Persons with DisabilitiesA short tour with María Cristina Sará-SerranoIntroduction We will examine the reality of the Rules Explore how to use information as a tool for implementing them Develop a plan for national training in the Rules Agenda The meaning of international norms Origins of the Standard Rules Content of the Rules What is the legal status of the Rules? Not the same as a convention Acceptance does not mean a legal obligation Instead it means accepting a moral obligation to implement A convention Is a multi-lateral treaty A State-party accepts all of the written obligations There are usually formal monitoring mechanisms Why is there no convention on disability? There was a Programme of Action for the Handicapped It was revised in 1987 María Rita Saule and Barbara Carlsson proposed that there be a convention Objections were raised Some said that other Conventions covered the issue There would be problems in obtaining ratifications Decision to draft a normative text DPI and other organizations requested it as an alternative to a convention ECOSOC resolution 1990/26 authorized a special working group of the Commission for Social Development Res. 32/2 of the CSD established the special working group How the Rules were drafted Persons with disabilities participated Meetings took place from 1991 to 1993 There were very few women involved Main debates centered on the monitoring system for the Rules Negotiating the Rules It was a tough negotiation Representatives of organizations of persons with disabilities participated As members of Government Delegations As NGOs It involved compromises The context of the Rules Is related to the Programme of Action of the UN Decade for Disabled Persons It is related to the Universal Declaration on Human Rights It specifies rights and obligations to ensure equality of opportunity IV. Monitoring mechanism Commission for Social Development Special Rapporteur Advisory Group Commission for Social Development Monitors implementation Makes additional recommendations Periodically reviews the Rules Special Rapporteur An individual named by the Economic and Social Council Bengt Lindquist (Sweden, former Member of Parliament)) Functions seek to establish a direct dialogue not only with States but also with local non-governmental organizations, seeking their views and comments on any information intended to be included in the reports provide advisory services on the implementation and monitoring of the Rules , prepare reports for submission to the Commission for Social Development Advisory Group The Rapporteur should be assisted by an Advisory Group A majority of whose members should be persons designated by international organizations of persons with disability, taking into account the different types of disabilities and equitable geographical distribution They are designed by DPI, the World Blind Union, etc. They have consultations (the next has not yet been scheduled since it depends on whether funds are available) Questions or comments? Are there any questions or comments about the presentation so far? Is the difference between normative rules and a Convention clear? Is the role of the monitoring mechanism clear? Reviewing the content of the Rules How to move ahead Look at key definitions Examine the structure Study each article from two perspectives: What is says and why What does it mean to our reality Vocabulary Disability and handicap Prevention Rehabilitation Achieving equalization of opportunities Disability Different functional limitations Permanent or temporary Is not as precise as the International Classification of Impairment, Disability and Handicap (ICIDH-2) Also not as precise as some national laws Handicap the loss or limitation of opportunities to take part in the life of the community on an equal level with others. It describes the encounter between the person with a disability and the environment Disability and Handicap in the ICIDH-2 any disturbance in terms of functional changes associated with health conditions at body, person and society levels disablement- an interaction/complex relationship between the health condition and the contextualfactors (i.e. environmental and personal factors) activity- the nature and extent of functioning at the level of the person participation - the nature and extent of a person's involvement in life situations in relation to Impairments, Activities, Health Conditions and Contextual factors Disability in the Americans with Disability Act "physical or mental impairment that substantially limits one or more of the major life activities" Practical definitions by the Census Bureau for the Americans with Disabilities Act Functional activities: seeing, hearing, speaking, lifting and carrying, using stairs, and walking Activities for daily living (ADL) getting around inside the home,getting in or out of a bed or chair, bathing, dressing, eating, and toileting Instrumental activities of daily living (IADL) going outside the home, keeping track of money or bills, preparing meals, doing light housework, and using the telephone Prevention action aimed at preventing the occurrence of physical, intellectual, psychiatric or sensory impairments (primary prevention) at preventing impairments from causing a permanent functional limitation or disability (secondary prevention) Question: Should we focus on prevention? Rehabilitation a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the tools to change their lives towards a higher level of independence. Achievement of equalization of opportunities the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all the needs of each and every individual are of equal importance all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation Some implications If there is equality, there are no differences If there are differences, there is no equality Distinguish between opportunity and result Examine systems in relation with the individual Structure of the Rules I. PRECONDITIONS FOR EQUAL PARTICIPATION II. TARGET AREAS FOR EQUAL PARTICIPATION III. IMPLEMENTATION MEASURES IV. MONITORING MECHANISM Be careful! It is a negotiated text It is not completely logical Often it will be necessary to reorganize the norms to present them |
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