UN ESCAP Workshop on Women and Disability: Promoting Full Participation of Women with Disabilities in the Process of Elaboration on an International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities
18-22 August 2003, Bangkok, Thailand

A rights-based approach to disabilities

A UN OHCHR Presentation

 

• Case: Fighting for the Disabled
• The Bill of Rights
• Fact Sheet on Experts
• Fact Sheet on the Commission on Human Rights (OHCHR)
• What are treaty bodies?
• What rights should a treaty contain?

A rights-based approach to disabilities
Social welfare à Rights-based approach

Disabilities only become a handicap because of:

• Social obstacles due to prejudices and stereotypes
• Physical limitations of the environment

Non-discrimination:

Everyone should enjoy the same dignity and rights regardless of gender, language, birth or social origins, wealth, political opinions, religious racial or ethnic identification……. and regardless of any physical or mental disabilities they may have.

This is the most fundamental human right -
the right not to be discriminated against

Multiple discrimination and vulnerable groups:

• women
• children
• people with mental disabilities
• ethnic minorities
• the poor
• migrants/internally displaced/refugees
• etc……

Prejudices and stereotypes

People with disabilities face social and cultural prejudices and stereotypes.

A rights based approach says that these prejudices and stereotypes must be changed.

HOW ?

Both states and non-sate actors must work towards changing the law and attitudes in the media, in the workplace, in policy making, in schools throughout society.

Empowerment

A human rights approach to disabilities aims to empower people with disabilities to make their own choices, advocate for themselves and to exercise control over their lives.

HOW ?

By guaranteeing all substantive rights and procedural rights such as:

• the right to information,
• right to remedy
• right to participate

Enforceability and remedies

A human rights approach to disabilities means that people with disabilities should be able to enforce their rights at the national and international levels.

HOW ?

• through local and national courts
• through national human rights commissions, parliaments, ombudsmen
• through the proposed in human rights treaty and its monitoring mechanism

Indivisibility

A rights based approach to disabilities must protect both the civil and political rights as well as economic, social and cultural rights of people with disabilities.

HOW ?

Special measure must be taken to ensure that people with disabilities have non-discriminatory access to all rights.
For example:

• adequate housing, health, education and livelihood
• voting, fair trial, equal citizenship, association
• migration, religion, communication………

Participation

A human rights approach to disabilities says that people with disabilities must be consulted and participate in the process of making decisions that affect their lives.

HOW ?

• a strong, vibrant civil society
• involvement in consultations from the very beginning
• involvement in implementation of programmes
• involvement in monitoring and evaluating programmes

Linkages to Human Rights Standards:

Human rights standards provide a "roadmap" to identify where problems exist, and the type of capabilities and functions required to address them

• E.g. Disabilities (Problems: availability, physical accessibility, affordability, adaptability, cultural acceptability, quality?)
• E.g. Disabilities (Functions: not to discriminate, to ensure others do not discriminate, to ensure policies directed towards progressive improvements in access, quality, etc)

RBA: Value added includes…..

Deeper & broader analysis of causes -
addresses structural inequalities

• Enhanced accountability
• Better empowerment
• Greater normative clarity

Analysis and assessment

A human rights approach asks what are the long term or underlying reasons why a section of society is vulnerable, marginalized or discriminated against.

A human rights approach then provides strategies based in international human rights law and standards which address these root causes of discrimination.

Analysis and assessment

• Who is the most affected (vulnerable)?
• What are major human rights concerns?
• What are the root causes?
• What human rights improvement is needed (indicators)?
• What should be done (by claim-holders/duty-bearers)?
• Who should do it?
• Why can't s/he do it better (capacity analysis)?
• How could s/he do it better (capacity strategies)?
• What does s/he need to do (plans, activities)?

Root causes of discrimination

• Exclusion
• Victimization
• Lack of Protection
• Lack of Capacities
• Lack of Enforcement
• Lack of Institutions
• Lack of Provision
• Lack of Laws
• Lack of Resources
• Lack of Determination
• Lack of Awareness
• Lack of Security
• Lack of Political Will
• Socio-Cultural Factors

-> Discrimination

Activity

Read the handout on the case of Mr. Sirimit Boonmoon and in groups answer the following questions:

• What rights have been violated?
  You may wish to refer to the various human rights treaties, the Standard Rules, and the paper "What rights should the treaty contain?"

• What are the root causes that have lead to the violations of these rights?
  You may wish to refer to the discrimination tree

• What can you and other civil society actors do to support Mr. Sirimit's case?

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Last updated 08/20/03. Contact: info @ visionoffice.com