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How can I begin to understand the CRPD and its Optional Protocol? Before discussing strategies for implementation, it is important to know what we are implementing! We know from Section 2 that the Convention on the Rights of Persons with Disabilities (CRPD) is one of the core international human rights conventions. This means that it is an international human rights convention that establishes a committee of experts (also known as a “treaty monitoring body”) to monitor its implementation. When a country becomes a State Party to the CRPD (by signing and ratifying, or acceding to the convention), it is then legally obligated to comply with the provisions of the CRPD, subject to any reservations, understandings or declarations (RUDs) that it files when it becomes a State Party. The same is true if a country decides to become a State Party to the Optional Protocol. If you wish to learn more about the process of ratification, as well as how RUDs work, please consult the Ratification Toolkit. For now though, the most important thing to remember is that the measures set forth in the CRPD and its Optional Protocol are legally binding upon those countries who choose to become States Parties. That said, what are the measures contained in the CRPD and its Optional Protocol, and how can we better understand them? The CRPD is quite a long document (50 articles!), and as a legal document it can seem very technical and confusing, especially when you are reading it for the first time! The key to becoming comfortable using the CRPD is to:
How can Section 3 help me to understand the CRPD and its Optional Protocol? Section 3 is intended to help you get used to reading the CRPD and understanding the issues that it addresses. It does this by examining how the CRPD is structured, and then summarizing the articles contained within each section. Where there are provisions from other human rights conventions that we think would interest you, a link has been provided so that you can read excerpts from those conventions. As we mentioned in Section 1, it is important to understand what we are not trying to do here in the Toolkit. We are not trying to provide an in-depth or authoritative interpretation of the articles and all the issues addressed in the CRPD and its Optional Protocol. The process of interpreting the Convention will take time, and different people will have different ideas about how it should be interpreted and how it should apply to different practical situations. These questions will ultimately be decided by the treaty monitoring body (known as the “Committee on the Rights of Persons with Disabilities”) with the expertise and input of the international disability community. For now, our focus here is on:
How is the CRPD structured? Although the Convention does not specifically identify them, the CRPD can be separated into sections, and each section serves a different purpose. We will go through each of these sections to explain their purpose, and let you know which articles are included in each section. Later we will go through the articles in turn to let you know what themes they address. The sections are as follows: Preamble – International conventions typically begin with a section called the “Preamble,” and the CRPD is no different. The Preamble is essentially an introduction or foreword to the convention, and it is the one part of the convention that is not legally binding. The purpose of the Preamble is to explain why the drafters thought it important to adopt the convention, and also to draw attention to any issues that the drafters felt it important for States Parties to be aware of. Introductory articles (Articles 1 & 2) – In this section there is an article (Article 1) that describes the purpose of the Convention, and another (Article 2) that defines some of the technical terms used in other articles of the Convention. Articles of general application (Articles 3-9) – The articles in this section address important principles and concepts that are relevant to the understanding, interpretation and implementation of all the other articles in the Convention. The interpretation and implementation of the CRPD should always be consistent with the principles and obligations discussed in Articles 3-9. Specific articles (Articles 10-30) – The articles in this section address a variety of specific human rights, and discuss how those rights should be understood and applied in the disability context so that persons with disabilities can fully enjoy their human rights. Implementation and monitoring measures (Articles 31-40) – The articles in this section address actions that need to be taken in order to promote the effective implementation of the Convention, and also what should be done to monitor the effectiveness of implementation. Final articles (Articles 41-50) – The articles in this section address some of the rules that govern the operation of the Convention, for example who can become a State Party, when the Convention enters into force, and in what official languages the Convention is available. What do the different articles of the CRPD say? The following is a summary of the content of the different articles of the CRPD, and is intended to help you familiarize yourself with the issues addressed in the Convention. For the full content of the articles you should of course refer directly to the Convention itself. The articles are grouped here according to the sections discussed above, and in some cases several articles are summarized together. Where relevant, a link has been provided for you to access excerpts from other human rights conventions that may be of interest. Preamble – the Preamble talks about the historic discrimination and marginalization of persons with disabilities, and the importance of promoting and protecting the human rights of all persons with disabilities. Amongst other issues, the Preamble also addresses such topics as the evolving understanding of the concept of disability, the importance of adopting a gender perspective, and the need to pay specific attention to the situation of people such as women with disabilities, children with disabilities, and indigenous persons with disabilities. Introductory articles (Articles 1 & 2) Article 1 (Purpose) – the purpose of the CRPD is to 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.” The article also includes a brief but broad list of the types of persons with disabilities who are covered by the Convention. This is a ‘non-exhaustive’ list, meaning that there are no restrictions on the Convention being applied to additional persons with disabilities, e.g. those with temporary or intermittent disabilities. Article 2 (Definitions) – provides definitions for the following terms: “communication,” “language,” “discrimination on the basis of disability,” “reasonable accommodation,” and “universal design.” Articles of general application (Articles 3-9) Article 3 (General principles) – sets forth eight important principles that should be applied in the interpretation and implementation of all the other articles. They are:
Article 4 (General obligations) – describes the range of actions States Parties must take “to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.” These actions include (amongst others) changing legislation, addressing disability in all policies and programmes, undertaking research, and promoting training. In addition, States Parties must “closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.” The Article notes that economic, social and cultural rights are subject to progressive realization, though that does not prevent the immediate implementation of any economic, social and cultural rights, where possible. Article 5 (Equality and non-discrimination) – recognizes that all persons are equal before the law; requires States Parties to prohibit all discrimination on the basis of disability; and guarantees to persons with disabilities equal and effective legal protection against discrimination on all grounds. States Parties must provide reasonable accommodation in order to promote equality and eliminate discrimination. Specific measures “necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination” under the Convention. (Though the Convention does not talk about them using these terms, it should be noted that such measures are sometimes called “positive discrimination” or “positive actions.”) Click here to link to additional resources Article 6 (Women with disabilities) – recognizes the multiple discrimination faced by women and girls with disabilities, and obligates States Parties to take measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms by women and girls with disabilities. States Parties must also ensure “the full development, advancement and empowerment of women,” so that women may exercise and enjoy the human rights and fundamental freedoms in the Convention. Article 7 (Children with disabilities) – obligates States
Parties to take all necessary measures to ensure the full enjoyment of
all human rights and fundamental freedoms by children with disabilities
on an equal basis with others. It requires that the “best interests
of the child” be the “primary consideration” in “all
actions concerning children with disabilities.” States Parties must
also ensure that children with disabilities have the “right to express
their views freely on all matters affecting them,” that they receive
assistance to realize this right, and that their views be given due weight. Article 8 (Awareness-raising) – obligates States Parties
to take a variety of measures to raise awareness throughout society regarding
persons with disabilities, and to “foster respect for the rights
and dignity of persons with disabilities.” States Parties must also “combat
stereotypes, prejudices and harmful practices,” and promote awareness
of the “capabilities and contributions of persons with disabilities.” Article 9 (Accessibility) – obligates States Parties to take appropriate measures to ensure access to persons with disabilities, on an equal basis with others, to the physical environment, transportation, information and communications, and “other facilities and services open or provided to the public, both in urban and in rural areas.” The Article then lists some of the places, amongst others, where barriers to access should be identified and eliminated (e.g. schools, communications services), and provides for a variety of measures that should be taken to accomplish this (e.g. providing training on accessibility issues to stakeholders, and providing signage in Braille and easy to read and understand forms). Specific articles (Articles 10-30) Article 10 (Right to life) – reaffirms the inherent right
to life of every human being, and requires States Parties to “take
all necessary measures to ensure its effective enjoyment by persons with
disabilities on an equal basis with others.” Article 11 (Situations of risk and humanitarian emergencies) – requires
States Parties to comply with their obligations under international humanitarian
law and international human rights law, and take all necessary measures “to
ensure the protection and safety of persons with disabilities in situations
of risk, including situations of armed conflict, humanitarian emergencies
and the occurrence of natural disasters.” Article 12 (Equal recognition before the law) – reaffirms
that persons with disabilities “have the right to recognition everywhere
as persons before the law.” It obligates States Parties to recognize
that persons with disabilities “enjoy legal capacity on an equal
basis with others in all aspects of life,” and to take appropriate
measures to provide access to “ support they may require in exercising
their legal capacity.” The Article also requires that measures relating
to the exercise of legal capacity provide for “appropriate and effective
safeguards to prevent abuse,” and that they comply with additional
standards set forth in the Article. Article 12 also requires States Parties
to take all appropriate and effective measures to ensure the equal right
of persons with disabilities to, amongst other things, own or inherit property,
control their own financial affairs, and not be arbitrarily deprived of
their property. Article 13 (Access to justice) – obligates States Parties
to ensure “effective access to justice for persons with disabilities
on an equal basis with others ….in all legal proceedings, including
at investigative and other preliminary stages.” States Parties must
do this through the provision of accommodations and also training of, e.g.
police and prison staff. Article 14 (Liberty and security of the person) – obligates
States Parties to ensure that persons with disabilities enjoy the right
to liberty and security of person on an equal basis with others, and that
persons with disabilities are not deprived of their liberty unlawfully,
arbitrarily, or on the basis of the existence of a disability. Any deprivation
of liberty of persons with disabilities must be in conformity with the
law and with international human rights law, and must be in compliance
with the objectives and principles of the Convention including through
provision of reasonable accommodation. Article 15 (Freedom from torture or cruel, inhuman or degrading treatment
or punishment) – reaffirms that “no one shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment,” and
that no one shall be subjected to medical or scientific experimentation
without their free consent. States Parties must take all effective measures
to ensure that persons with disabilities are not subjected to torture
or cruel, inhuman or degrading treatment or punishment. Article 16 (Freedom from exploitation, violence and abuse) – requires
States Parties to take all measures to protect persons with disabilities “from
all forms of exploitation, violence and abuse, including their gender-based
aspects.” The Article details some of the measures States Parties
must take, including provision of information and education, and effective
monitoring of facilities and programmes serving persons with disabilities.
Where persons with disabilities have become victims, States Parties must
take all appropriate measures to promote recovery, rehabilitation and social
reintegration of victims, in an environment that “fosters the health,
welfare, self-respect, dignity and autonomy of the person and takes into
account gender- and age-specific needs.” Article 17 (Protecting the integrity of the person) – is perhaps the shortest article in the Convention! It states that “every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.” Article 18 ( Liberty of movement and nationality) – obligates
States Parties to recognize the rights of persons with disabilities on
an equal basis with others to liberty of movement, to freedom to choose
their residence, and to a nationality. The Article then elaborates some
of the ways in which States Parties must do this and highlights some of
the specific rights of children with disabilities, e.g. to be registered
immediately after birth and to have a name. Article 19 (Living independently and being included in the community) – requires
States Parties to recognize “the equal right of all persons with
disabilities to live in the community, with choices equal to others.” States
Parties must take effective and appropriate measures to facilitate the
enjoyment of this right and the full inclusion and participation in the
community of persons with disabilities. These measures include, amongst
others, ensuring that persons with disabilities have access to a range
of support services, and that they are “not obliged to live in a
particular living arrangement.” Article 20 (Personal mobility) – obligates States Parties
to take effective measures to ensure “personal mobility with the
greatest possible independence for persons with disabilities.” States
Parties must, amongst other things, facilitate access to quality mobility
aids, provide training in mobility skills, and encourage producers of mobility
aids, devices and assistive technologies, to “take into account all
aspects of mobility for persons with disabilities.” Article 21 (Freedom of expression and opinion, and access to information) – States
Parties must take all appropriate measures to ensure that persons with
disabilities can exercise the right to freedom of expression and opinion
on an equal basis with others and “through all forms of communication
of their choice.” Measures identified include, amongst others, the
provision of information to the general public in accessible formats and
technologies; urging private entities and the mass media to provide information
and services in accessible formats; and “recognizing and promoting
the use of sign languages.” Article 22 (Respect for privacy) – reaffirms the right
of persons with disabilities not to be subject to “arbitrary or unlawful
interferences with his or her privacy, family home or correspondence or
other types of communication or to unlawful attacks on his or her honour
and reputation.” States Parties must also protect the “privacy
of personal, health and rehabilitation information” of persons with
disabilities on an equal basis with others. Article 23 (Respect for the home and the family) – requires
States Parties to take effective and appropriate measures “to eliminate
discrimination against persons with disabilities in all matters relating
to marriage, family, parenthood and relationships, on an equal basis with
others.” The Article then addresses some of the different aspects
of the right that need to be ensured, such as ensuring that no child is
separated from his or her parents on the basis of the disability of either
the child or one or both of the parents. Article 24 (Education) – States Parties must recognize
the right of persons with disabilities to education, without discrimination
and on the basis of equal opportunity. States Parties “ensure an
inclusive education system at all levels and life long learning.” The
remainder of the Article addresses how States Parties must do this, including
through, amongst other things, provision of reasonable accommodation, and
ensuring that persons with disabilities are not excluded from education
on the basis of disability. Article 25 (Health) – obligates States Parties to recognize
the right of persons with disabilities to the highest attainable standard
of health without discrimination on the basis of disability. States Parties
must take all appropriate measures to ensure access to gender-sensitive
health services, including health-related rehabilitation, and these services
must be available as close as possible to people’s communities, including
in rural areas. The remainder of the Article elaborates further on these
issues, including, amongst other things, provision of the same range, quality,
and standard of free or affordable health care and programmes as those
available to others (including in the area of sexual and reproductive health),
free and informed consent of persons with disabilities to health care on
an equal basis with others, and prohibition of discrimination in the provision
of health insurance. Article 26 (Habilitation and rehabilitation) – States Parties must “organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services.” This must be done to enable persons with disabilities to “attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life.” States Parties must do this through, amongst other things, training of professionals and staff, and ensuring services and programmes are available as close as possible to people’s communities, including in rural areas. Article 27 (Work and employment) – obligates States Parties
to recognize the right of persons with disabilities to work, on an equal
basis with others, including the “right to the opportunity to gain
a living by work freely chosen or accepted in a labour market and work
environment that is open, inclusive and accessible to persons with disabilities.” States
Parties must safeguard and promote the realization of this right through,
amongst other things, prohibition of discrimination, provision of reasonable
accommodation, and promotion of employment of persons with disabilities.
States Parties must also ensure that “persons with disabilities are
not held in slavery or servitude, and are protected, on an equal basis
with others, from forced or compulsory labour.” Article 28 (Adequate standard of living and social protection) – obligates
States Parties to recognize the right of persons with disabilities “to
an adequate standard of living for themselves and their families, including
adequate food, clothing and housing, and to the continuous improvement
of living conditions.” States Parties must take steps to “safeguard
and promote the realization of this right without discrimination on the
basis of disability.” The Article addresses the steps to be taken,
including, amongst others, ensuring equal access to clean water services,
ensuring access to social protection programmes and poverty reduction programmes,
and ensuring access to public housing programmes. Article 29 (Participation in political and public life) – obligates
States Parties to guarantee to persons with disabilities “political
rights and the opportunity to enjoy them on an equal basis with others.” States
Parties must, amongst other things, ensure the right and opportunity of
persons with disabilities to vote by secret ballot and be elected to public
office; ensure accessibility of voting procedures, facilities and materials;
and encourage the participation of persons with disabilities in public
affairs. Article 30 (Participation in cultural life, recreation, leisure and
sport) – obligates States Parties to recognize the right of
persons with disabilities to “take part on an equal basis with
others in cultural life.” States Parties must take all appropriate
measures to ensure enjoyment of this right, including, amongst others,
providing access to television and cultural materials in accessible formats;
providing access to places for cultural performances or services; and
recognizing the specific cultural and linguistic identity of persons
with disabilities. States Parties must also enable participation of persons
with disabilities, on an equal basis with others “in recreational,
leisure and sporting activities,” and must take appropriate measures
to ensure this. Such measures include, amongst others, providing access
to sporting, recreational and tourism venues. Implementation and monitoring measures (Articles 31-40) Article 31 (Statistics and data collection) – requires States Parties to “collect appropriate information, including statistical and research data” to enable them to create and implement policies that give effect to the Convention. The Article also outlines the standards to be used for the collection, maintenance and use of this information. Article 32 (International cooperation) – obligates States Parties to undertake international cooperation activities in support of national efforts to implement the Convention. Examples of these activities are provided in the Article. Article 33 (National implementation and monitoring) – obligates States Parties to “designate one or more focal points within government,” and “maintain, strengthen, designate or establish” one or more independent mechanisms to “promote, protect and monitor implementation” of the Convention. Persons with disabilities and their representative organizations must be “involved and participate fully in the monitoring process.” Article 34-39 – these Articles call for the establishment of an independent committee of experts (also known as a treaty monitoring body) to monitor implementation of the Convention at the national level, and set forth the rules for the Committee’s operation. The committee is to be called the “Committee on the Rights of Persons with Disabilities.” The Committee will receive and examine reports from States Parties and assess their implementation of the Convention, and report on these matters to the UN General Assembly and the UN Economic and Social Council. Article 40 (Conference of States Parties) – calls for the regular meeting of States Parties to consider “any matter with regard to the implementation” of the Convention. After the first meeting, the Conference will be held every two years or as often as the Conference decides. Final articles (Articles 41-50) – these Articles call for the Convention to enter into force thirty days after the twentieth country has become a States Party. They also prohibit the filing of reservations that are incompatible with the object and purpose of the Convention, but allow reservations to be withdrawn at any time. Authentic texts of the Convention are available in Arabic, Chinese, English, French, Russian and Spanish, and the text of the Convention “shall be made available in accessible formats.” What about the Optional Protocol – what is it and what is it for? An “optional protocol” is a type of legally binding international agreement that is attached to a convention. Optional protocols are not used to alter the substance of the convention to which they are attached, but instead are typically used to address additional issues. Often the issues addressed are slightly controversial, and if they were included in the main convention it might be difficult to get countries to become States Parties. By addressing these issues in an optional protocol, countries can become States Parties to the main convention, and then decide whether or not they also want to undertake the obligations in the optional protocol. In this case the Optional Protocol addresses some of the issues related to the ability of the Committee on the Rights of Persons with Disabilities to receive and respond to complaints from individuals and groups about violations of the Convention. In addition, the Optional Protocol addresses the ability of the Committee to undertake an inquiry (a type of investigation) into “grave or systemic violations” of the Convention by a States Party. Because delegates to the Ad Hoc Committee could not agree on the value of these activities, it was decided to address them in an optional protocol. Countries who become States Parties to the Convention can then decide whether or not they also want to become States Parties to the Optional Protocol. If a country ‘opts out’ of the Optional Protocol (by not becoming a State Party to it), it is not possible for the Committee to receive complaints about violations of the Convention by that country. However, just because a country initially decides not to ‘opt in’ to the Optional Protocol, that does not prevent them from becoming a State Party to it in the future.
RESOURCES Here is a list of the resources mentioned in this section, as well as some additional documents that may be of interest to you: Convention on the Rights of Persons with Disabilities and its Optional Protocol (CRPD) Universal Declaration of Human Rights (UDHR) International Covenant on Economic, Social and Cultural Rights (ICESCR) International Covenant on Civil and Political Rights (ICCPR) International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Convention on the Rights of the Child (CRC) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities If you have access to the internet, you may also wish to visit the websites of: DPI’s
Convention-related resources UN Office of the High Commissioner for Human Rights
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