Introduction to disability and human rights Defining disability The Convention on the Rights of Persons with Disabilities (“CRPD”) does not provide a definition of disability, but instead provides a broad description intended to be widely inclusive. The CRPD establishes in Article 1 that ‘persons with disabilities’ includes ‘those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in…
Disability and Human Rights Instruments
Disability and Human Rights Instruments UDHR CRPD ICCPR ICESCR CEDAW ICERD CRC Non-discrimination and Equality Art. 1,Art. 2 Art. 5 Art. 2(1), Art. 3 Art. 2(2), Art. 3 Art. 2, All Art. 2, Art. 5, All Art. 2 Independent Living Art. 19 Art. 23(1,2) Supported Decision Making Art. 12 Equality before the Law Art. 6 Art. 5(1), Art. 12 Art. 16,Art. 26 Art. 5 Health Art. 25 Art. 25 Art.…
Table 1: Disability and non-discrimination
Table 1: Disability and non-discrimination Examples of Human Rights Violations Persons with disabilities are disproportionately underrepresented in the labor market. Persons with disabilities are not provided an accommodation to ensure access to health care services or places of work. Children with disabilities are discriminated against in the classroom because teachers misunderstand the disability or consider the child ‘handicapped’. Human Rights Standards Treaty Body Interpretation CRPD 5 (1) States Parties recognize…
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Table 2: Disability and the right to live independently and be included in the community (community living)
Table 2: Disability and the right to live independently and be included in the community (community living) Examples of Human Rights Violations Persons with disabilities who are institutionalized. Dedication of resources to the reconstruction of large residential institutions. Lack of resources and services to help persons with disabilities live within their communities. A child is placed in an institution because she is diagnosed with Down Syndrome and her parents are…
Table 3: Disability and the right to supported decision-making
Table 3: Disability and the right to supported decision-making Examples of Human Rights Violations An individual is denied the right to make decisions about their life because the court has declared them legally incapacitated and appointed a guardian. An individual is denied the opportunity to decide where he/she lives and with whom. An individual is denied the right to vote because the court has declared them legally incapacitated. Human Rights…
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Table 4: Disability and equality before the law
Table 4: Disability and equality before the law Examples of Human Rights Violations Persons with disabilities are not given identity cards. Persons with disabilities who are declared incompetent by a court are consequently also denied civil rights such as the right to vote. No legal remedies and safeguards against guardianship, such as independent review and right to appeal. Persons with disabilities are denied the ability to exercise the right to…
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Table 5: Disability and the right to the highest attainable standard of health
Table 5: Disability and the right to the highest attainable standard of health Examples of Human Rights Violations A person with a disability is denied care at a local health center because the physician does not know how to care for them. A person with limited mobility cannot access a health care facility. Rural citizens with disabilities cannot access health facilities because they are too far. A person with a disability…
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Table 6: Disability and the right to informed consent
Table 6: Disability and the right to informed consent Examples of Human Rights Violations People with disabilities are deprived of their right to provide or deny consent to treatment. Women with disabilities are subject to sterilization without their full and informed consent. Persons with disabilities are subjected to medical experimentation without their consent. Persons with disabilities are subjected to forced medications. Human Rights Standards Treaty Body Interpretation CRPD 25 States…
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Table 7: Disability and the right to sexual and reproductive health
Table 7: Disability and the right to sexual and reproductive health Examples of Human Rights Violations Women with disabilities are subject to compulsory abortions. Women with disabilities are subject to involuntary sterilization. Human Rights Standards Treaty Body Interpretation CRPD 25 States shall (a) provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes provided to other persons, including in the area…
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Table 8: Disability and the right to education
Table 8: Disability and the right to education Examples of Human Rights Violations Parents of a child with intellectual disabilities are told that their daughter cannot go to school because she is ‘uneducable.’ No education is provided to children in an institution. A person with a disability is denied vocational training on the basis of their disability. Parents of a child with a disability are not provided adequate resources to…
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