That disabled people do not enjoy equal access to their human rights has been internationally acknowledged since the mid-1980s. The majority of people with disabilities live in poverty. For this part of the population society itself tends to be excluding, discriminatory, at best condescending, and ultimately disabling.
In September 2008 Sri Lanka’s Central Council of Disabled Persons developed a National Plan of Action, at a workshop, held in Negambo. It brought together the leaders of 24 disability organisations from Sri Lanka and one from Pakistan. The workshop was funded by the Commonwealth Foundation.
My disability – whose problem?
Participants saw the need to bring their Plan of Action into line with the UN Convention on the Rights of Persons with Disabilities. By signing the Convention, Commonwealth countries recognise that disability results from the interaction between persons with impairments (physical, mental, intellectual or sensory) and the barriers that hinder their full and equal participation in society.
Our rights are Human Rights
The UN Disabilities Convention is unique in being both a development and a human rights instrument. It is legally binding. Its purpose is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” Ratifying countries prohibit all discrimination on the basis of disability.
Disabled people “shall have effective enjoyment of the universal right to life,” on an equal basis with others. Disabled people must be recognised as persons before the law, and enjoy legal capacity. They must be able to own and inherit property, and have access to credit. They must have effective access to justice, on an equal basis with others.
A duty to act
States that ratify the Convention must take all appropriate measures to promote disabled people’s rights. This includes:
- Taking account of disabled people’s rights in policies and programmes
- Eliminating discrimination, stereotypes, prejudices and harmful practices
- Training and awareness-raising through media and education, including for health and legal professionals
- Involving civil society and disabled people when implementing the Convention.
Specific groups
Women and girls with disabilities are subject to multiple discrimination and realising their rights will take specific measures. Children with disabilities have the right to express their views and have them taken into account.
This is because the Convention is intended to prevent concealment, abandonment, neglect and segregation of people with disabilities. Enabling them to attain maximum independence means rehabilitation at the earliest stage: during childhood.
The Convention also has provisions on:
- Freedom from exploitation, violence and abuse
- Respect for home and family life
- Personal mobility
- Expression, participation and access to information
- Education
- Health
- Work, employment and standard of living
- Cultural life, leisure and sport
Participation is important to identify specific needs, and to empower the individual. It is recognised in the Convention as a principle, an obligation and a right.
Next Steps
Participants at the Negambo workshop aim to move forward with training, publicity and setting
up a fund to support their Plan of Action – ensuring that women and youth are fully involved. The ultimate goal is for Sri Lanka to fully implement the Convention.
What is my country doing about it?
To find out if your country has signed and ratified the Convention, and for other news, visit:
www.un.org/disability or www.thecommonwealth.org/humanrights
Guides to the Convention can be ordered from:
Human Rights Unit
Commonwealth Secretariat
Marlborough House, Pall Mall
London SW1Y 5HX, United Kingdom
Tel: +44 (0)20 7747 6423 Fax: +44 (0)20 7747 6418
E-mail: hru@commonwealth.int
The Commonwealth Foundation is grateful to the Human Rights Unit for their assistance in preparing this article.