UN agrees disability treaty text

By Geoff Adams-Spink
Age & disability correspondent, BBC News website, New
York

Delegates discussed the treaty's provisions for 10
days
An international treaty that will give greater rights
and freedoms to disabled people around the world has
been agreed at the United Nations.

The UN Convention on the Rights of Persons with
Disabilities was adopted in New York.

This is the first human rights treaty of the 21st
Century, and the UN hopes it will mark a significant
improvement in the treatment of disabled people.

The world's disabled population is estimated to be 650
million.

Don MacKay
 [The convention] will force states to develop a
different way of thinking about disability issues

Don MacKay

Negotiations went past the deadline set by the
chairman of the ad-hoc committee, ambassador Don
MacKay of New Zealand.

Welcoming the agreement, he said "I want to thank
colleagues from the disability community for starting
off the process and staying with it all along the
way."

"As disabled colleagues say, nothing about us without
us."

''It [the convention] will force states to develop a
different way of thinking about disability issues" he
said.

"Once you get the paradigm shift... and people adopt a
'can do' rather than a 'can't do' approach, a whole
lot of other things flow from there."

New rights and freedoms

The treaty is expected to be adopted by the UN General
Assembly during its next session, which starts in
September.

Those countries that sign up to it will have to enact
laws and other measures to improve disability rights
and also agree to get rid of legislation, customs
and practices that discriminate against disabled
people.

The thinking behind the convention is that welfare and
charity should be replaced by new rights and freedoms.

Disabled parking spaces in a car park (file picture)
Access to public spaces and transport will have to be
improved

Currently only 45 countries have specific legislation
that protects disabled people.

The convention recognises that a change of attitude is
vital if disabled people are to achieve equal status -
countries that ratify it will be obliged to
combat negative stereotypes and prejudices and to
promote an awareness of people's abilities and
contribution to society.

Countries will also have to guarantee that disabled
people will have a right to life on an equal basis
with others.

Access to public spaces and buildings as well as
transport, information and communications will also
have to be improved.

US abstention

Most notable among the countries that will not be
signing the convention is the United States.

It says that it already has comprehensive laws on
disability rights.

But this is not something that concerns Maria Raina,
co-ordinator of the international disability caucus
which has been part of the negotiations.

"I think the USA is going to sign the convention as it
did with other conventions," she told the BBC News
website.

"When you sign the convention you are agreeing to the
principles even if you don't have the obligation to
apply them."

'Welcome step'

The treaty has been welcomed by the UK's statutory
body, the Disability Rights Commission (DRC).

"The greatest significance will be a 'levelling up' of
provision across the world, and the creation of civil
and human rights for disabled people," said
DRC chairman Bert Massie.

"Not every country has that now. Following the
convention and when it's ratified by the UN, we will
have approval for this enhancement of the rights of
disabled people across the world."

Lebanese diabetic Mustafa Hussein, who has lost both
his legs
Conflicts and unrest hit the disabled especially hard

Although current estimates are that about 10% of the
world's population has a disability, the World Health
Organization estimates that this is likely to
increase as a result of medical advances and the
ageing process.

Negotiations had been delayed because of two issues:
the situation of disabled people in situations of
risk, and access to sexual and reproductive health
services.

Although the treaty refers to "situations of risk",
these were not specified; the wording had been taken
to refer to war zones and natural disasters but
some people wanted this to include occupation by a
foreign power - a clear reference to the situation in
the Middle East.

Cultural differences on matters like abortion,
contraception, aids prevention and sex education mean
that reaching an agreed position was particularly
difficult.

Given the economic, social and cultural differences
across the world, it will be some years before the
minimum standards set out in the convention will
be universally applied.

But for campaigners who say that for too long the
world's largest minority has been pushed to the
margins of society, it will certainly be seen as a
welcome
first step.

Here is an at-a-glance guide to the draft United
Nations Convention on the Rights of Persons with
Disabilities:

• Participating countries to change laws and ban
discriminatory customs and practices
• Disabled people to have an equal right to life
• Equal rights for disabled women and girls
• Protection for children with disabilities
• A right to own and inherit property, to control
financial affairs and have equal access to financial
services
• Disabled people not to be deprived of their liberty
"unlawfully or arbitrarily"
• Medical or scientific experiments without consent to
be banned
• An end to enforced institutionalisation
• Freedom from exploitation, violence and abuse
• A right to privacy and access to medical records
• Countries to remove barriers to accessing the
environment, transport, public facilities and
communication
• A right to independent living
• Essential equipment to be made affordable
• A right to an adequate standard of living and social
protection
• An end to discrimination relating to marriage,
family and personal relationships
• Equal access to education
• An end to discrimination in the job market
• A right to equal participation in public life
• A right to participate in cultural life
• Developing countries to be assisted to put the
convention into practice.


Regards
Sameer

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