Understanding the Potential Content and Structure of an International Convention on the Human Rights of People with Disabilities

Sample treaty provisions drawn from existing international instruments

The views contained in the report do not necessarily represent those of the Administration as this and all NCD documents are not subject to the A-19 Executive Branch review process.

NATIONAL COUNCIL ON DISABILITY
MEMBERS AND STAFF

MEMBERS
Marca Bristo, Chairperson
Kate Pew Wolters, First Vice Chairperson
Hughey Walker, Second Vice Chairperson
Yerker Andersson, Ph.D.
Dave N. Brown
John D. Kemp
Audrey McCrimon
Gina McDonald
Bonnie O'Day, Ph.D.
Lilliam Rangel-Diaz
Debra Robinson
Ela Yazzie-King

STAFF
Ethel D. Briggs, Executive Director
Jeffrey T. Rosen, General Counsel and Director of Policy
Mark S. Quigley, Director of Communications
Martin Gould, Ed.D., Senior Research Specialist
Gerrie Drake Hawkins, Ph.D., Program Specialist
Pamela O'Leary, Interpreter
Allan W. Holland, Chief Financial Officer
Brenda Bratton, Executive Assistant
Stacey S. Brown, Staff Assistant
Carla Nelson, Office Automation Clerk
Joan M. Durocher, Esq., Fellow

ACKNOWLEDGMENTS

The National Council on Disability (NCD) wishes to express its appreciation to Janet E. Lord, legal counsel and coordinator of Human Rights Programs at Landmine Survivors Network (LSN), who was commissioned by NCD to conduct research and to author this reference tool. NCD also recognizes Katherine N. Guernsey, international law consultant to LSN, for her essential assistance in the research and drafting of this document. Sue Schafer, consultant to LSN, assisted with the design and layout.

Joelle Balfe, consultant to NCD, provided substantive editing and drafting assistance throughout the process. Jeffrey Rosen, general counsel and policy director at NCD, provided support and guidance at all stages of the project.

Numerous individuals provided feedback on the manuscript drafts or parts of it: Zahabia Adamaly, Research Associate, Landmine Survivors Network; Rosangela Berman-Bieler, President, United States International Council on Disabilities; William K. Smith, MD, Center for International Rehabilitation; Steve Estey, Canadian Council on Disabilities; Arlene Kanter, Professor of Law, Syracuse University; and Gerard Quinn, Professor of Law, National University of Ireland, Galway.

TABLE OF CONTENTS

Introduction

Category I. Introductory Paragraphs

A. Preamble
B. Definitions

Category II. Substantive Human Rights Obligations

A. Non-discrimination
B. Measures to Eliminate Discrimination
C. Action to Guarantee the Exercise and Enjoyment of Rights
D. Stereotyping of Groups
E. Participation
F. Right to Life
G. Torture and Other Ill-treatment
H. Sexual Exploitation and Related Abuses
I. Slavery, Servitude and Forced Labor
J. Survivor Assistance
K. Equality Before the Law
L. Due Process Protections
M. Rights of Peaceful Assembly and Association
N. Freedom of Thought/Opinion and Information
O. Political and Public Life
P. Medical Care/Health/Rehabilitation
Q. Employment/Social Security/Income Maintenance
R. Education
S. Family
T. Culture and Religion
U. Linguistic Minorities
V. Recreation and Sports
W. Nationality/Freedom of Movement
X. Refugees/IDPs

Category III. Institutions

A. Secretariat
B. Monitoring Bodies
C. The Participation of Non-State Actors in International Treaty Processes
D. Technical Bodies

Category IV. Monitoring Treaty Obligations and Implementation Techniques

A. Reporting
B. Information Gathering
C. Information Exchange
D. Public Education and Training
E. Communications
Inter-State Complaints
Individual Complaints

Category V. Implementing Provisions

A. Signature
B. Ratification and Accession
C. Reservations, Understandings and Declarations (RUDs)
D. Entry into Force
E. Duration and Withdrawal
F. Amendment

Resources

Annex

Appendix

Many advocates in the international disability community are familiar with the provisions of their domestic disability law, and understand the potential of these provisions to help shape the development of an international convention on the rights of people with disabilities. However, to prepare for productive participation in the development of an international treaty, it is essential to become familiar with some basic structural and substantive elements common to most international human rights treaties. Such knowledge will be useful both for those drafting treaty text and for those providing comments and suggestions to the drafters.

Knowledge of the standard categories of international law provisions will help participants address issues related to the structure of a draft treaty. Familiarity with how specific human rights principles have been addressed in other treaty contexts will be critical as drafters and commenter seek to articulate the substantive application of such principles in the context of the rights of people with disabilities. The purpose of this reference tool, therefore, is to outline the five general categories of provisions in a human rights treaty, and then to examine the specific types of provisions that are often contained in each particular category and how they have been approached in other texts. To achieve this, sample provisions have been chosen from existing human rights treaties and other relevant documents and included under the appropriate categories, which include (i) introductory paragraphs; (ii) substantive obligations; (iii) institutions; (iv) implementation techniques; and (v) implementing provisions. Each example is preceded by a short commentary that suggests how the particular provision might apply in the context of disability (such as "Equality before the Law" and "Stereotyping of Groups") or simply how it is relevant to any convention (such as "Information Exchange", "Signature" and "Ratification").

Understanding how concepts have been handled in other treaties is the first step in successfully clarifying their application in the context of disability. However, in any convention development process, topics will arise that have never before been covered in an international treaty. For example, there are no provisions in existing treaties that clearly address the over-arching theme of "accessibility" as it is understood in the context of disability. This represents an opportunity for the disability community to break ground by elucidating an application of human rights principles that has yet to be addressed in international law. In acknowledgement of the fact that there will be brand new elements in the disability convention, this reference tool does not claim to be exhaustive. It simply cannot provide examples of potential elements that do not exist elsewhere in international law. Nonetheless, this tool can serve as one resource in the important process of examining the precedents to an international convention on the rights of people with disabilities. All resources should be consulted to find the best starting points for developing a comprehensive human rights framework for people with disabilities and to ensure that new provisions do not serve to undermine or confuse existing protections. onvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A.

A. Preamble

The preamble of a treaty is the introductory section that precedes the operative sections. In any international treaty, the preambular paragraphs provide useful historical context and the rationale for introducing a new instrument into the body of international law. The preamble of a treaty is not an operative part of a treaty, and is therefore not binding. However, the preamble serves the important purpose of establishing the object and purpose of a treaty and will often explain its relationship to prior developments in international law.

In the case of a treaty on the rights of people with disabilities, the preamble would likely reference existing binding and non-binding human rights documents relevant to the disability community and provide some statement regarding the need for further protections. In addition, the preamble might also link the concept of promoting the human rights of people with disabilities with other objectives, such as the pursuit of economic security and political stability.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered into force June 26, 1987

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person, Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms, Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,

Have agreed as follows:

B. Definitions

Many human rights treaties precede the substantive obligations with a definitions section. Such a section may define how individual terms are to be interpreted or, as is often the case with human rights treaties targeting specific populations, the section may define the group(s) of people to whom the treaty applies. The inclusion of definitions clarifies how terms are to be used, aiding in the interpretation and implementation of the treaty as a whole. Given that "disability" has been defined in many different ways by many different sources, it is likely that a human rights treaty for people with disabilities would begin by defining what is meant by "disability" in the context of the treaty. It will be essential for people with disabilities and their representative organizations to be fully involved in the development of any provisions purporting to define "disability."

Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169), 72 ILO Official Bull. 59, entered into force Sept. 5, 1991

Article 1

1. This Convention applies to:

(a) Tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations;

(b) Peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonisation or the establishment of present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions.

2. Self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to which the provisions of this Convention apply.

3. The use of the term "peoples" in this Convention shall not be construed as having any implications as regards the rights which may attach to the term under international law.

Convention on the Prevention and Punishment of the Crime of Genocide, 78 U.N.T.S. 277, entered into force Jan. 12, 1951

Article 2

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

International Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195, entered into force Jan. 4, 1969

Article I

1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.

3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.

4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.

This section provides an overview of the types of relevant substantive obligations that appear in certain international human rights or other treaties. Substantive obligations represent the core of any convention and define the content and application of the human rights, which States Parties to the treaty undertake to respect and protect. Each section below introduces a type of provision, with an explanation in basic terms of the role of that type of provision and its potential relevance for people with disabilities. This is followed by one or more examples from existing international treaties of the type of provision in question. While it is clear that a treaty on the human rights of people with disabilities may not contain the complete range of provisions included below, and may (and should) indeed contain innovative provisions not represented in existing treaties, the provisions included here should serve as a useful reference as deliberations progress regarding what must be included in a new convention and how best to articulate both new and existing concepts within it. Furthermore, an understanding of existing substantive obligations is essential in order to make certain that a new treaty does not undercut human rights law.

A. Non-discrimination

Nearly all of the major international human rights treaties contain non-discrimination clauses - provisions that prohibit discrimination against an individual in securing or respecting their exercise and enjoyment of universal human rights. This reflects the understanding that a high proportion of human rights violations against individuals occur on the basis that individuals differ in some respect from a given societal norm and are discriminated against on that ground. Discrimination implies an act or conduct that denies to certain individuals equality of treatment with others because they belong to a particular group in society. People with physical, mental and sensory disabilities frequently face discrimination based on their disability. In addition, membership in yet another group subject to discrimination often results in compounded discrimination. Thus, women living in poverty who also have a disability are among the most marginalized groups in society and frequently suffer multiple forms of discrimination. In many instances the media acts to further discrimination by drawing on stereotypes and portraying people with disabilities, or disability issues, in a negative light.

Apart from the general non-discrimination provisions appearing in the main international human rights treaties, three thematic treaties play an important role in addressing discrimination of particular groups and may be of particular interest for those participating in the development of an international convention on the rights of people with disabilities. These three thematic treaties are: (i) the Convention for the Elimination of All Forms of Discrimination against Women; (ii) the Convention for the Elimination of all Forms of Racial Discrimination; (iii) and the Convention on the Rights of the Child. In addition, the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities addresses discrimination. It should be noted that as well as serving as a stand-alone provision in a human rights treaty for people with disabilities, a non-discrimination clause would also constitute a fundamental underlying principle for the other substantive obligations. Two sample non-discrimination clauses are provided below.

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981

Article 1

For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

American Convention on Human Rights, O.A.S.Treaty Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978, reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)

Article 1 Obligation to Respect Rights

1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.

2. For the purposes of this Convention, "person" means every human being.

B. Measures to Eliminate Discrimination

Discrimination against individuals can take many forms, and come from many sources beyond State actors or officials acting under color of State authority. Some human rights treaties specify the steps that States Parties must take to ensure that discrimination is removed from all levels of society. These steps may include the obligation not to support (directly or indirectly) those who practice discrimination; the removal of legislation that is discriminatory on its face or in its application; and the implementation of legislation prohibiting the discriminatory practices of public and private actors. As indicated in other sections of this reference tool, such measures are often bolstered by provisions that seek to educate and raise public awareness of the human rights issues addressed in the treaty.

International Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195, entered into force Jan. 4, 1969

Article 2

1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to en sure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;

(b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations;

(c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;

(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization;

(e) Each State Party undertakes to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything that tends to strengthen racial division.

2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981

Article 2

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.

C. Action to Guarantee the Exercise and Enjoyment of Rights

Some treaties contain provisions outlining positive obligations (i.e. obligations where States Parties are called to take specific action, rather than merely refraining from engaging in a prohibited act). Because treaties cannot, for obvious reasons, include an exhaustive list of all actions a State must take, some treaties also include a clause asserting that States must undertake any and all actions necessary to give effect to the exercise and enjoyment of the human rights outlined in the treaty. A provision such as this can be useful in cases where, for example, to achieve a particular standard in a particular country, more extensive action is required than is specified in the positive obligation(s) in the treaty. Furthermore, such provisions underscore the level and scope of States' responsibility to actively pursue all standards set by the treaty. For the most part these types of provisions (including the ones below) tend to be quite general, and their effectiveness is somewhat limited. In the implementation of an international human rights treaty for people with disabilities, such a provision could be used to ensure that States Parties understand their obligation to give effect to the treaty obligations in many spheres such as political, cultural, and economic areas of society.

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981

Article 3

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 2
...

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

D. Stereotyping of Groups

Human rights treaties addressing specific forms of discrimination frequently include provisions which acknowledge the barriers faced in society by marginalized groups. Thus it is recognized that the process of stereotyping fuels both the development and application of discriminatory practices. Indeed, stereotyping of people with disabilities - a pervasive practice throughout the world - frequently leads to inaccurate assumptions that form the basis of societal prejudices, stigma and discrimination. Because of the close nexus between the practices of stereotyping and discrimination, human rights treaties that seek to prevent discrimination will often include provisions aimed at preventing cultural stereotyping of the group or groups that are the focus of the treaty.

(See Annex (I) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

International Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195, entered into force Jan. 4, 1969

Article 7

States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981

Article 5

States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

E. Participation

International law increasingly recognizes the right of participation in decision- making for those whose interests are affected. This right of participation is reflected in specific treaty provisions separately from traditional due process provisions that provide for participation in specific settings, such as trial settings. People with disabilities have universally and persistently been denied the right to participate in decisions that affect their lives. Traditional perceptual models of disability have characterized people with disabilities as passive and dependent, which has encouraged the view that they have no role to play in decision-making even on issues that impact their lives. It is therefore crucial that people with disabilities take an active role in the development and implementation of any substantive human rights obligations that pertain to them, as well as the formation and functioning of any treaty monitoring bodies.

(See Annex (II) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981 Article 8

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990

Article 12

1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.

2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.

Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169), 72 ILO Official Bull. 59, entered into force Sept. 5, 1991

Article 6

1. In applying the provisions of this Convention, Governments shall: (a) Consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly;

(b) Establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels of decision-making in elective institutions and administrative and other bodies responsible for policies and programmes which concern them;

(c) Establish means for the full development of these peoples' own institutions and initiatives, and in appropriate cases provide the resources necessary for this purpose.

2. The consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures.

Article 7

1. The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly...

F. Right to Life

The right to life is the most fundamental of human rights protecting human existence and the integrity of the person and is a standard provision in the main international human rights documents. The right to life under international human rights law has numerous links to disability. For example, the right to life is implicated in the context of the practice of euthanasia, which in many instances takes the form of withholding life-saving treatment to a newborn child with physical and/or mental disabilities. Many disability organizations have invoked the right to life challenge where children or adults with disabilities have died at the hands of medical practitioners or caregivers who have decided that their lives were 'not worth living'. In other cases, disability organizations have invoked the right to oppose physician-assisted suicide and related legislative initiatives.

The right to life is therefore a core right relied upon frequently by disability organizations in their advocacy. In developing countries, the mortality rate of children with disabilities is frequently higher than non-disabled children because children with disabilities may not receive adequate care. These, and many other issues of relevance to people with disabilities, are not adequately addressed in existing international law.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

G. Torture and Other Ill-treatment

Major human rights treaties recognize the right to be free from torture andother cruel, inhuman or degrading treatment and punishment, a principle that is, in any event, a rule of international customary law. A specialized international human rights treaty, the Convention against Torture, provides more detailed standards for the effective prohibition against torture and other ill treatment, including guarantees of survivor assistance and legal redress for those who have experienced torture or other forms of cruel, inhuman or degrading treatment. Existing law does not adequately address common abuses against people with disabilities that amount to torture or other ill treatment.

People with disabilities are particularly vulnerable to torture and other forms of inhuman or degrading treatment and violations against them may go unnoticed given their frequent occurrence in institutionalized settings or other places which are isolated and shielded from scrutiny. Significantly, the UN Human Rights Committee, which monitors the implementation of the Covenant on Civil and Political Rights, has recognized that States have a clear responsibility for human rights violations that occur in private institutions for people with disabilities. In addition, the Committee has stated that disabled people who are not considered capable of giving valid consent are entitled to special protection. Article 7 of the Covenant on Civil and Political Rights prohibits medical or scientific experimentation in the absence of free consent, a matter of significance given that medical procedures and research on disabled persons frequently occur without free and informed consent. The Principles for the Protection of Persons with Mental Illness (MI Principles), adopted by the UN General Assembly in 1991, provide detailed guidance for the interpretation of Article 7, insofar as people with disabilities who are in institutions are concerned. It should be noted that many psychiatric survivor groups are strongly opposed to the MI Principles, on the basis that they reflect a regressive medical model perspective instead of rights-based principles. There is a push among these groups and others for a comprehensive review of all standards pertaining to psychiatric treatment. A treaty process provides just such an opportunity.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered into force June 26, 1987

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

H. Sexual Exploitation and Related Abuses

Sexual abuse, sexual exploitation, and domestic abuse are all forms of abuse to which people with disabilities can be particularly vulnerable, despite the fact that existing human rights provisions provide the right to be free from such abuse. Institutional and other settings frequently expose people with disabilities to abusive individuals, at the same time as leaving the abused individuals with no adequate means of redress to halt the abuse or bring abusers to justice. The likelihood of abuse is even greater for those who may not be in a position to fully recognize some subtler forms of emotional or psychological abuse due to the nature of their disability (e.g., developmental or intellectual disabilities).

(See Annex (III) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981

Article 6

States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

I. Slavery, Servitude and Forced Labor

Freedom from slavery was among the first human rights to become a subject matter of international law and the prohibition against slavery and related practices is a standard provision in the general international human rights treaties. The provisions concerning slavery generally cover four different practices, namely, slavery, the slave trade, servitude and forced (or compulsory) labor. Contemporary forms of slavery and servitude have tended to focus on trafficking in women and children, as well as human organ trafficking, and international human rights law continues to develop in this sphere. A UN Working Group on Contemporary Forms of Slavery addresses these issues and has recognized that disabled people are subjected to these practices. People with disabilities, and, in particular, people with intellectual disabilities, are at risk for a variety of exploitative labor practices, many in unregulated settings or in "sheltered workshops," some of which may rise to the level of prohibited practices under the slavery, servitude and forced labor rules of international human rights law. Organizations of women with disabilities have exposed the bondage-like treatment of women with mental disabilities who are married to men interested in having a dependent wife to control.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976 Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3. (a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

American Convention on Human Rights, O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978, reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc. 6 rev. 1 at 25 (1992)

Article 6 Freedom from Slavery

1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.

2. No one shall be required to perform forced or compulsory labor. This provision shall not be interpreted to mean that, in those countries in which the penalty established for certain crimes is deprivation of liberty at forced labor, the carrying out of such a sentence imposed by a competent court is prohibited. Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner.

3. For the purposes of this article, the following do not constitute forced or compulsory labor:

(a) work or service normally required of a person imprisoned in execution of a sentence or formal decision passed by the competent judicial authority. Such work or service shall be carried out under the supervision and control of public authorities, and any persons performing such work or service shall not be placed at the disposal of any private party, company, or juridical person;

(b) military service and, in countries in which conscientious objectors are recognized, national service that the law may provide for in lieu of military service;

(c) service exacted in time of danger or calamity that threatens the existence or the well-being of the community; or

(d) work or service that forms part of normal civic obligations.

J. Survivor Assistance

Some international law treaties recognize the rights of trauma survivors and survivors of various human rights abuses to certain protections. For example, the Rights of the Child Convention recognizes the rights of children to receive treatment if they have been subjected to maltreatment and to seek judicial intervention where necessary. The Mine Ban Treaty contains obligations for States Parties to provide assistance to victims by providing medical care and rehabilitation, as well as ensuring the social and economic reintegration of landmine survivors. While survivor rights in particular contexts represent a new and emerging area of international human rights law, some awareness of these provisions is important as they may inform the development of an international convention on the human rights of people with disabilities. Such obligations may become particularly relevant if an international convention addresses the rights of those who have, for example, suffered human rights abuses during institutional confinement.

Convention on the prohibition of the use, stockpiling, production and transfer of antipersonnel mines and on their destruction, adopted at Oslo, Norway on September 18, 1997, entered into force Mar. 1, 1999

Article 6(3) International cooperation and assistance

3. Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organizations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organizations, or on a bilateral basis.

Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990

Article 19

States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.

2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.

Article 39

States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], entered into force June 26, 1987

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

K. Equality Before the Law

The three related concepts of equality before the law, equal protection of the law and protection from discrimination appear in the main international human rights treaties. Essentially, these three concepts provide that all people are entitled to equality of access to the courts, equality of application of the law, and freedom from discrimination under the law. For people with disabilities, full enjoyment of the right to equality before the law is frequently hampered by discrimination in application of the law, denial of competent counsel, as well as the failure to make necessary accommodations so that people with disabilities are able to access the courts and/or participate fully in judicial proceedings. Such accommodations may include the use of Braille documents, sign language interpreters, documents in plain language (for those with cognitive disabilities) or the guarantee of physical access to the courts.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

American Convention on Human Rights, O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978, reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)

Article 24 Right to Equal Protection All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.

L. Due Process Protections

All people who are subjected to restrictions upon their liberty in the form of detention or arrest are entitled to certain minimum protections designed to ensure that the reasons for - and nature of - their detention or arrest are lawful. Such protections include timely access to a court to determine the lawfulness of their detention or arrest and compensation in the event that the detention or arrest is found to be unlawful. Due process protections are not only relevant to people with disabilities who find themselves subject to the criminal justice system, but they are particularly relevant to those people with disabilities who are subjected to involuntary institutional committals, which many consider in all cases, due process notwithstanding, to be an abuse of human rights.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.

M. Rights of Peaceful Assembly and Association

The provisions that address the right of peaceful assembly and the right of association guarantee the rights of individuals to meet together publicly and in private and to organize themselves into associations of individuals with a common interest in the political, social, cultural, religious, sporting, and other realms. These rights are not unrestricted and governments may place legal restrictions on the exercise of these rights, but only insofar as the restrictions are necessary to preserve such interests as national security, public safety, health, or the freedom of others. In many respects, the rights of peaceful assembly and association form the bedrock of all civil and political rights. In their absence, it would be exceedingly difficult for individuals denied the rights of peaceful assembly and association to fully realize their other civil and political rights. For people with disabilities, the enjoyment of these rights is often hindered by inadequate accessibility to the venues of meetings, or to the information distributed.

Given that exclusion from community is a pervasive feature of disability discrimination, the rights of peaceful assembly and association - and the conditions that make such rights realizable for people with disabilities - are fundamental in the disability context.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

(European) Convention for the Protection of Human Rights and Fundamental Freedoms, 213 U.N.T.S. 222, entered into force Sept. 3, 1953, as amended by Protocols Nos 3, 5, 8, and 11, entered into force Sept. 21, 1970, 20 December 1971, 1 January 1990, and 1 November 1998, respectively

Article 11 Freedom of assembly and association 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

N. Freedom of Thought/Opinion and Information

All human beings are entitled to freedom of thought and opinion, even if the exercise of the idea in question would itself be illegal or otherwise in conflict with the ideas of others. In other words, this right recognizes the sanctity of the human mind to freely investigate, question and develop any idea. The right to information guarantees not only the right to exchange information with others and give expression to the ideas formed, but also the right to receive information so that ideas may be developed. Although some provisions place no restrictions on these rights, others stress that the rights also come with duties and responsibilities, and thus permit restrictions in the interest of preserving the rights or reputations of others, or preserving national security and public health or morals. While some provisions permit prior censorship in the furtherance of these interests, others stress the use of a system of liability for use when these interests are harmed by the exchange of information.

Access to information is essential if a person is to be able to develop as an individual and participate fully in society. In the context of disability, however, access to information is yet another right frequently restricted in its application by inadequate consideration of the issue of accessibility. Many people with disabilities require assistive technologies or alternative formats (such as Braille or sign language) to enable them to access needed information. Similarly, the denial of such services and/or materials can severely hamper the ability of people with disabilities to fully communicate the ideas that they wish to express.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

American Convention on Human Rights, O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978, reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)

Article 13 Freedom of Thought and Expression 1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:

(a) respect for the rights or reputations of others; or

(b) the protection of national security, public order, or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.

O. Political and Public Life

Political and public life refers to the rights of people to participate in the governing of their country through elections, political activities, and the holding of public office. Although these rights may frequently be restricted to those who are citizens and who do not have a criminal record, in practice people with disabilities often face many more restrictions. People with disabilities often have no opportunity to exercise their rights in connection political activities. For example, inaccessible voting booths prevent many people with disabilities from participating in elections, and for those who are able to vote, inappropriate efforts to improve accessibility frequently violate the disabled voter's right to privacy and a secret ballot. In addition, legislation governing who has the right to vote often disenfranchises those who have mental disabilities, even when the disability does not in fact hinder an individual's ability to make an informed decision. Societal discrimination also prohibits many people with disabilities from holding public office, again limiting the ability of people with disabilities to take an active role in the governing of the societies in which they live.

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

American Convention on Human Rights, O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123, entered into force July 18, 1978, reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II.82 doc.6 rev.1 at 25 (1992)

Article 23 Right to Participate in Government

1. Every citizen shall enjoy the following rights and opportunities:

(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and

(c) to have access, under general conditions of equality, to the public service of his country.

2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.

P. Medical Care/Health/Rehabilitation

While health-related human rights provisions do not guarantee the right of people to health, they do recognize the right of all to access to health care, so that people may attain the highest level of health of which they themselves are capable. Although restrictions can be placed on this right, recognizing the limited resources of the State, restrictions do not recognize the right of the State to limit health care on an individual basis. In other words, there is no scope for discrimination against individuals in the implementation of this right. People with disabilities are often restricted in their access to adequate health care because of individual discrimination, or because of a societal policy of distributing resources in a manner that limits the resources available for the provision of health-care to people with disabilities. In many instances, these unfair limitations in access to health care further restrict the ability of people with disabilities in other human right areas. For instance, many people with disabilities who would be fully able to work if their general health were maintained cannot work because they do not have access to general health care.

In many instances throughout the world, people with disabilities are subjected to inappropriate and highly detrimental "treatment" and practices in the name of health care or rehabilitation. In other cases, people with disabilities - particularly children or people with mental disabilities - are subjected to medical experimentation in the absence of any procedure for consent or other protections. Even where consent is sought, people are often unable to provide full and informed consent, because the information they need to make an informed decision is not provided in an appropriately accessible format. People with both physical and mental disabilities are often subject to procedures, hospitalization and institutionalization against their will and are often housed in institutions which purport to provide beneficial treatment but which are all too often warehouses where egregious abuses take place. It is also appropriate to mention here that the mental and physical health of people with disabilities can be severely impacted by the implementation of harmful traditional practices (such as female genital mutilation) that can exacerbate existing disabilities, or lead to the development of otherwise preventable disabilities.

(See Annex (IV) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986

Article 16

1. Every individual shall have the right to enjoy the best attainable state of physical and mental health.

2. States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Convention on the Elimination of All Forms of Discrimination against Women, G.A. res. 34/180, 34 U.N. GAOR Supp. (No. 46) at 193, U.N. Doc. A/34/46, entered into force Sept. 3, 1981

Article 5

States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; ...

Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990

Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries.

Q. Employment/Social Security/Income Maintenance

In the same way that right to health provisions do not guarantee full health, provisions guaranteeing the right to work do not guarantee that every individual will be given a job. Rather, they guarantee the right of an individual to the opportunity to gain his or her living by work freely chosen by that individual. Provision of this opportunity may entail removing educational and discriminatory barriers that face the individual. In addition, the individual is guaranteed fair pay and favorable working conditions. Where the individual is unable to gain an adequate living through employment, social security and income maintenance provisions guarantee the right to an adequate standard of living.

In the context of employment, people with disabilities again often face discrimination, with employers unwilling to hire them and/or unwilling to make reasonable accommodations that would improve (or make possible) conditions of work. Where people with disabilities do have access to work or vocational rehabilitation, employment is often on the basis of lower wages with reduced benefits. In many instances, the work is not linked to the person's abilities and skills, and is determined on the basis of a third person's assessment without input from the person in question. Even in cases where people with disabilities do find employment, they face endemic workplace harassment. People with disabilities often have to rely upon an inadequate income maintenance system in order to maintain their standard of living. They may live outside the social system and belong to the poorest sector of society.

(See Annex (V) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

European Social Charter, 529 U.N.T.S. 89, entered into force Feb. 26, 1965

Part I

The Contracting Parties accept as the aim of their policy, to be pursued by all appropriate means, both national and international in character, the attainment of conditions in which the following rights and principles may be effectively realised:

1. Everyone shall have the opportunity to earn his living in an occupation freely entered upon.

Part II

The Contracting Parties undertake, as provided for in Part III, to consider themselves bound by the obligations laid down in the following articles and paragraphs.

Article 1 The right to work

With a view to ensuring the effective exercise of the right to work, the Contracting Parties undertake:

1. To accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment;

2. To protect effectively the right of the worker to earn his living in an occupation freely entered upon;

3. To establish or maintain free employment services for all workers;

4. To provide or promote appropriate vocational guidance, training and rehabilitation.

R. Education

Education provisions tend to take a non-discrimination approach, guaranteeing the right of all to education with the objective of full human development and full participation in society. Some provisions specify that the education provided shall be State funded, while other provisions do not specify whether the education will be publicly or privately funded. Many provisions recognize the right of parents to choose the type of education their children receive, particularly as it relates to religious and moral teachings. The provision of education to people who have, or who are perceived as having, 'special needs' is often unaddressed in the human rights field, although it is occasionally addressed in the context of vocational training. Thus, people with disabilities, particularly those with intellectual disabilities, frequently find themselves forced into an educational setting not of their choosing and often not appropriate to their actual needs. So often people with disabilities receive inferior and inappropriate educational experiences, both in mainstream and segregated schools. People with disabilities also find themselves excluded from higher education on the basis of discrimination. All of these actions serve to limit the ability of many people with disabilities to develop their full potential as individuals, and to participate fully in society.

(See Annex (VI) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Convention against Discrimination in Education, 429 U.N.T.S. 93, entered into force May 22, 1962

Article 1

1. For the purpose of this Convention, the term "discrimination" includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of nullifying or impairing equality of treatment in education and in particular:

(a) Of depriving any person or group of persons of access to education of any type or at any level;

(b) Of limiting any person or group of persons to education of an inferior standard;

(c) Subject to the provisions of article 2 of this Convention, of establishing or maintaining separate educational systems or institutions for persons or groups of persons; or

(d) Of inflicting on any person or group of persons conditions which are incompatible with the dignity of man.

2. For the purposes of this Convention, the term "education" refers to all types and levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given.

S. Family

The international human rights framework recognizes the importance of the family unit in human life, and the need for legal protection of the family. Unfortunately, the main human rights conventions do not explicitly link protection of the family to people with disabilities, meaning that people with disabilities do not currently enjoy the highest levels of protection with regard to their rights to live with their families, marry, have intimate relationships, and start their own families.

(See Annex (VII) for example from the UN Standard Rules on the Equalization of Opportunities for People With Disabilities.)

International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force Mar. 23, 1976

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

International Covenant on Economic, Social and Cultural Rights, G.A. res. 2200A (XXI), 21 U.N.GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force Jan. 3, 1976

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

Convention on the Rights of the Child, G.A. res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49 (1989), entered into force Sept. 2, 1990

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.

3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.

4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person