Consultation and Influence

Disability Awareness in Action
Resource Kit No. 2

Download the Consultation and Influence Kit as a PDF file (143 KB)

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Part Two. Documents



List of Documents

International

United Nations Charter

International Bill of Human Rights

Universal Declaration of Human Rights

International Covenant on Economic, Social and Cultural Rights

International Covenant on Civil and Political Rights

United Nations World Programme of Action Concerning Disabled Persons

United Nations Declaration on the Rights of Mentally Retarded Persons

United Nations Declaration on the Rights of Disabled Persons

United Nations Convention on the Rights of the Child

International Labour Organisation: Convention 159 Concerning Vocational Rehabilitation and Employment (Disabled Persons)

Extracts from United Nations Resolutions

Regional

African Charter on Human and Peoples' Rights

American Declaration on the Rights and Duties of Man

ASEAN Declaration

European Convention for the Protection of Human Rights and Fundamental Freedoms

European Social Charter

European Community Charter of Fundamental Social Rights for Workers

Treaty of Rome

Universal Islamic Declaration of Human Rights

National

Australia

Canada

China

Denmark

Finland

France

Libya

New Zealand

Norway

The Philippines

Sweden

United States

Zimbabwe

1. Introduction

This part of the resource kit is about some of the main documents on human rights for disabled people. The first section looks at international human rights documents, the second section looks at regional documents, and the third section talks about some national laws and policies.

Language

The language used in these documents is complicated and formal. There's no need to read every word - you'd soon be asleep! - but there may be something here that you can use to influence policy-makers. You'll find explanations for some of the words on page 76.

Human Rights

Human rights include civil, political, economic, social, cultural and development rights.

Civil and political rights include the right

• to life
• to freedom of opinion to a fair trial
• to protection from torture and violence.

Economic, social and cultural rights include the right

• to work in just and favourable conditions
• to social protection
• to an adequate standard of living
• to the highest possible standards of physical and mental health
• to education
• to enjoyment of the benefits of cultural freedom and scientific progress.

Development rights are the rights of nations

• to development
• to economic autonomy
• to peace and security

Important Gains

The most recent and exciting legal breakthroughs have come in individual countries - for example, the Americans with Disabilities Act, Zimbabwe's anti-discrimination legislation and the Philippines' Magna Carta for Disabled Persons. (These are described in detail later on.)

Action

"In considering the status of disabled persons with respect to human rights, priority should be placed on the use of United Nations covenants and other instruments, as well as those of other international organisations within the United Nations system that protect the rights of all persons." (WPA/163)

Find out which conventions, covenants and protocols your government has ratified. Ask the UN office in your country for an up-to-date copy of Human Rights: Status of International Instruments, a chart of which states have signed what. How does your government compare with others? Is it following the rules or recommendations of the documents it has ratified?



2. International

The United Nations Charter

The United Nations Charter of 1945 says that "Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world".

The Charter's introduction says that the peoples of the United Nations are determined "to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small...

Article 55 says that the UN will promote "higher standards of living, full employment, and conditions of economic and social progress and development..."for all people.

The International Bill of Human Rights

The Bill is made up of three parts:

The Universal Declaration of Human Rights

The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Civil and Political Rights and Optional Protocol

The Universal Declaration was adopted by the UN General Assembly in 1948, and the two Covenants in 1966. These three documents together define and honour human rights and fundamental freedoms. They have inspired many other human rights declarations and agreements and are reflected in the constitutions and national legislation of many member states.

The Declaration is a manifesto whose authority is mostly moral, rather than political (as are the Declarations on the Rights of Disabled People). By contrast, covenants and conventions are treaties, legally binding on the states that ratify them.

Universal Declaration of Human Rights

The Declaration serves as a conscience for the world and as the standard against which the attitudes and behaviour of societies and governments can be measured. It is "the common standard of achievement for all peoples and all nations" in the effort to secure universal and effective recognition and observance of the rights and freedoms it lists.

Extracts

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 3

Everyone has the right to life, liberty and security of person.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right of equal access to public service in his country.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realisation, through national effort and international cooperation and in accordance with the organisation and resources of each state, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

International Covenant on Economic, Social and Cultural Rights

The Covenant recognises the right to work and to free choice of employment; to fair wages; to form and join unions; to social security; to adequate standards of living; to freedom from hunger; to health and education.

States that ratify the Covenant acknowledge their responsibility to promote better living conditions for their people. States' reports on their progress in promotion of these rights are reviewed by a committee of experts appointed by the United Nations Economic and Social Council.

Extracts

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 6

1. The States Parties to the present Covenant recognise 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 realisation 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 recognise 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 8

The States Parties to the present Covenant undertake to ensure:

a The right of everyone to form trade unions and to join the trade union of his choice .

b The right of trade unions to establish national federations or confederations and the right of the latter to join international trade union organisations.

c The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others

d The right to strike, provided that it is exercised in conformity with the laws of the particular country.

Article 9

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

Article 12

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

Article 13

1. The State Parties to the present Covenant recognise 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.

International Covenant on Civil and Political Rights

The Covenant recognises the right of every human person to life, liberty and security of person; to privacy; to freedom from cruel, inhuman or degrading treatment and from torture; to freedom from slavery; to immunity from arbitrary arrest; to a fair trial; to recognition as a person before the law; to freedom from sentences passed on acts committed before something legally became a crime; to freedom of thought, conscience and religion; to freedom of opinion and expression; to liberty of movement, including the right to emigrate; to peaceful assembly and to freedom of association.

The Covenant sets up a Human Rights Committee to consider progress reports from states which have ratified it. The Committee also hears complaints by states that other states which have ratified the Covenant have failed to uphold its obligations.

Under the optional protocol to the Civil and Political Covenant, individuals under certain circumstances may file complaints of human rights violations by ratifying states.

Extracts

Article 2

3. Each State Party to the present Covenant undertakes:

a To ensure that any person whose rights or freedoms as herein recognised 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.

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.

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.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 23

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

The United Nations World Programme of Action Concerning Disabled Persons

The World Programme of Action concerning Disabled Persons (WPA) became the UN's policy document on disability in 1983 (Resolution 37/52). It recommends ways to bring about the aims of the Decade of Disabled Persons - the full and equal participation of disabled people in society. The WPA contains guidelines, looks at the situation of disabled people around the world, and recommends action at the national, regional and international levels.

It says that:

"The purpose of the World Programme of Action concerning Disabled Persons is to promote effective measures for prevention of disability, rehabilitation and the realisation of the goals of 'full participation' of disabled persons in social life and development, and of 'equality'. This means opportunities equal to those of the whole population and an equal share in the improvement in living conditions resulting from social and economic development. These concepts should apply with the same scope and with the same urgency t all countries, regardless of their level of development." (Paragraph 1)

The main aims of the WPA are prevention, rehabilitation and equalisation of opportunities.

Societies and governments must take action to:

a) prevent or reduce the effects of mental, physical or sensory impairments

b) help people with impairments to do as much as possible, through rehabilitation, aids and appliances

c) make sure that disabled people can find out about and take part in the same activities as everyone else and can use the same services - such as transport, education and training, employment, social security, religion and entertainment

d) consult with organisations of disabled people on the policies and programmes that directly effect them.

The WPA points out that there are more than 500 million people in the world who have physical, intellectual or sensory impairments, and that these people should have the same rights and opportunities as all other human beings.

It stresses that "the ultimate responsibility for remedying the conditions that lead to impairment and for dealing with the consequences of disability rests with governments.

Governments should provide services to make sure that disabled people are included in every area of economic, social and political life. The WPA has policy aims and guidelines for programmes for disabled people at the national, regional and international levels.

It also encourages the development of disabled people's organisations and says that they should be consulted in policy-making.

Extracts

Paragraph 21:

A person is disabled when denied the opportunities generally available in the community that are necessary for the fundamental elements of living, including family life, education, employment, housing, financial and personal security, participation in social and political groups, religious activity, intimate and sexual relations, access to public facilities, freedom of movement and a general style of daily living.

Paragraph 71:

Full participation in the basic units of society - family, social groups and community - is the essence of human experience. The right to equality of opportunity for such participation is set forth in the Universal Declaration of Human Rights and should apply to all people, including those with disabilities. In reality, however, disabled persons are often denied the opportunities of full participation in the activities of the socio-cultural system of which they are a part. This deprivation comes about through physical and social barriers that have evolved from ignorance, indifference and fear.

Paragraph 76:

Many disabled persons are excluded from active participation in society because of doorways that are too narrow for wheelchairs; steps that cannot be mounted leading to buildings, buses, trains and aircraft; telephones and light switches that cannot be reached; sanitary facilities that cannot be used. Similarly, they can be excluded by other types of barriers, for example oral communication which ignores the needs of the hearing impaired and written -information which ignores the needs of the visually impaired. Such barriers are the result of ignorance and lack of concern; they exist despite the fact that most of them could be avoided at no great cost by careful planning. Although some countries have enacted legislation and launched campaigns of public education to eliminate such obstacles, the problem remains a crucial one.

Paragraph 89:

Matters concerning disabled persons should be treated within the appropriate general context and not separately. Each ministry or other body within the public or private sector responsible for, or working within, a specific sector should be responsible for those matters related to disabled persons which fall within its area of competence. Governments should establish a focal point (for example, a national commission, committee or similar body) to look into and follow the activities related to the World Programme of Action of various ministries, of other government agencies and of non-governmental organisations. Any mechanism set up should involve all parties concerned, including organisations of disabled persons. The body should have access to decision-makers at the highest level.

Paragraph 91:

Member States should increase their assistance to organisations of disabled persons and help them organise and coordinate the representation of the interests and concerns of disabled persons.

Paragraph 92:

Member States should actively seek out and encourage in every possible way the development of organisations composed of or representing disabled persons. Such organisations, in whose membership and governing bodies disabled persons, or in some cases relatives, have a decisive influence, exist in many countries. Many of them have not the means to assert themselves and fight for their rights.

Paragraph 93:

Member States should establish direct contacts with such organisations and provide channels for them to influence government policies and decisions in all areas that concern them. Member States should give the necessary financial support to organisations of disabled persons for this purpose.

Paragraph 110:

In drafting national human rights legislation, and with respect to national committees or similar coordinating national bodies dealing with the problems of disability, particular attention should be given to conditions which may adversely affect the ability of disabled persons to exercise the rights and freedoms guaranteed to their fellow citizens.

Paragraph 111:

Member States should give attention to specific rights, such as the rights to education, work, social security and protection from inhuman or degrading treatment, and should examine these rights from the perspective of disabled persons.

Action Ideas

The World Programme of Action is a very good document to work for disabled people's rights in every country and at every level of government. It has the authority of the United Nations. Use it to lobby policy-makers.

Get a free copy of the WPA from the UN Information Office or the UNDP Office in your country; or from the Disabled Persons Unit in Vienna.

Decide how it is relevant to disabled people in your country.

Remind your government representatives about the WPA. Ask them about their plans to carry out its guidelines.

You can use extracts from the WPA when you are campaigning for change at the local level.



United Nations Declaration on the Rights of Mentally Retarded Persons

(UN General Assembly Resolution 28/56. Adopted 20 December 1971)

The General Assembly,

Mindful of the pledge of the States Members of the United Nations under the Charter to take joint and separate action in cooperation with the Organisation to promote higher standards of living, full employment and conditions of economic and social progress and development,

Reaffirming faith in human rights and fundamental freedoms and in the principles of peace, of the dignity and worth of the human person and of social justice proclaimed in the Charter, Recalling the principles of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Declaration of the Rights of the Child and the standards already set for social progress in the constitutions, conventions, recommendations and resolutions of the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organisation, the World Health Organisation, the United Nations Children's Fund and other organisations concerned,

Emphasising that the Declaration on Social Progress and Development has proclaimed the necessity of protecting the rights and assuring the welfare and rehabilitation of the physically and mentally disadvantaged,

Bearing in mind the necessity of assisting mentally retarded persons to develop their abilities in various fields of activities and of promoting their integration as far as possible in normal life,

Aware that certain countries, at their present stage of development, can devote only limited efforts to this end,

Proclaims this Declaration on the Rights of Mentally Retarded Persons and calls for national and international action to ensure that it will be used as a common basis and frame of reference for the protection of these rights:

1. The mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.

2. The mentally retarded person has a right to proper medical care and physical therapy and to such education, training and rehabilitation and guidance as will enable him to develop his ability and maximum potential.

3. The mentally retarded person has a right to economic security and to a decent standard of living. He has a right to perform productive work or to engage in any other meaningful occupation to the fullest possible extent of his capabilities.

4. Whenever possible, the mentally retarded person should live with his own family or with foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If care in an institution becomes necessary, it should be provided in surroundings and other circumstances as close as possible to those of normal life.

5. The mentally retarded person has a right to a qualified guardian when this is required to protect his personal well-being and interests.

6. The mentally retarded person has a right to protection from exploitation, abuse and degrading treatment. If prosecuted for any offence, he shall have a right to due process of law with full recognition being given to his degree of mental responsibility.

7. Whenever mentally retarded persons are unable, because of the severity of their handicap, to exercise all their rights in a meaningful way or it should become necessary to restrict or deny some or all of these rights, the procedure used for that restriction or denial or rights must contain proper legal safeguards against every form of abuse. This procedure must be based on an evaluation of the social capability of the mentally retarded person by qualified experts and must be subject to periodic review and to the right of appeal to higher authorities.



United Nations Declaration on the Rights of Disabled Persons

(UN General Assembly Resolution 34/47. Adopted 9 December 1975)

The General Assembly,

Mindful of the pledge made by Member States, under the Charter of the United Nations, to take joint and separate action in cooperation with the Organisation to promote higher standards of living, full employment and conditions of economic and social progress and development,

Reaffirming its faith in human rights and fundamental freedoms and in the principles of peace, of the dignity and worth of the human person and of social justice proclaimed in the Charter,

Recalling the principles of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Declaration of the Rights of the Child and the Declaration on the Rights of Mentally Retarded Persons, as well as the Standards already set for social progress in the constitutions, conventions, recommendations and resolutions of the International Labour Organisation, the United Nations Educational, Scientific and Cultural Organisation, the World Health Organisation, the United Nations Children's Fund and other organisations concerned,

Recalling also Economic and Social Council resolution 1921 (LVIII) of 6 May 1975 on the prevention of disability and the rehabilitation of disabled persons,

Emphasising that the Declaration on Social Progress and Development has proclaimed the necessity of protecting the rights and assuring the welfare and rehabilitation of the physically and mentally disadvantaged,

Bearing in mind the necessity of preventing physical and mental disabilities and of assisting disabled persons to develop their abilities in the most varied fields of activities and of promoting their integration as far as possible in normal life,

Aware that certain countries, at their present stage of development, can devote only limited efforts to this end,

Proclaims this Declaration on the Rights of Disabled Persons and calls for national and international action to ensure that it will be used as a common basis and frame of reference for the protection of these rights:

1. The term "disabled person" means any person unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of a deficiency, either congenital or not, in his or her physical or mental capabilities.

2. Disabled persons shall enjoy all the rights set forth in this Declaration. These rights shall be granted to all disabled persons without any exception whatsoever and without distinction or discrimination on the basis of race, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth or any other situation applying either to the disabled person himself or herself or to his or her family.

3. Disabled persons have the inherent right to respect for their human dignity. Disabled persons, whatever the origin, nature and seriousness of their handicaps and disabilities, have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible.

4. Disabled persons have the same civil and political rights as other human beings; paragraph 7 of the Declaration on the Rights of Mentally Retarded Persons applies to any possible limitation or suppression of those rights for mentally disabled persons.

5. Disabled persons are entitled to the measures designed to enable them to become as self-reliant as possible.

6. Disabled persons have the right to medical, psychological and functional treatment, including prosthetic and orthotic appliances, to medical and social rehabilitation, education, vocational training and rehabilitation, aid, counselling, placement services and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the process of their social integration or reintegration.

7. Disabled persons have the right to economic and social security and to a decent level of living. They have the right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation and to join trade unions.

8. Disabled persons are entitled to have their special needs taken into consideration at all stages of economic and social planning.

9. Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative and recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialised establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of his or her age.

10. Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature.

11. Disabled persons shall be able to avail themselves of qualified legal aid when such aid proves indispensable for the protection of their persons and property. If judicial proceedings are instituted against them, the legal procedure applied shall take their physical and mental condition fully into account.

12. Organisations of disabled persons may be usefully consulted in all matters regarding the rights of disabled persons.

13. Disabled persons, their families and communities shall be fully informed, by all appropriate means, of the rights contained in this Declaration.

United Nations Convention on the Rights of the Child

The aims of the Convention are to protect children against the power of parents, economic exploitation and social neglect. States which accept the Convention are legally accountable for their action towards children. The Convention includes the whole range of human rights - civil, political, economic, social and cultural. In summary, the Convention provides for the right to life, survival and development; the right to a name and nationality from birth; the rights of disabled and refugee children and those in trouble with the law.

The Convention set up the Committee on the Rights of the Child, a committee of ten experts to promote and protect children's rights. States Parties submit reports to the Committee on how they are observing the Convention and on any difficulties.

Extracts

Article 2

1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

Article 6

1. States Parties recognise that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.

Article 11

1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.

Article 17

States Parties recognise the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall:

d Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous.

Article 19

1. 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 parents, legal guardians or any other person who has the care of the child.

Article 23

1. States Parties recognise that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.

2. States Parties recognise the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.

3. Recognising the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to ensure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of preventative health care and of medical, psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries.

Article 24

1. States Parties recognise 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.

Article 27

1. States parties recognise the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

Article 28

1. States Parties recognise the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

a Make primary education compulsory and available free to all

b Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need

c Make higher education accessible to all on the basis of capacity by every appropriate means

d Make educational and vocational information and guidance available and accessible to all children

e Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

Article 30

In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language.

Article 34

States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.

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

International Labour Organisation: Convention 159 Concerning Vocational Rehabilitation and Employment (Disabled Persons)

Part I. Definition and Scope

Article I

1. For the purposes of this Convention, the term "disabled person" means an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognised physical or mental impairment.

2. For the purposes of this Convention, each Member shall consider the purpose of vocational rehabilitation as being to enable a disabled person to secure, retain and advance in suitable employment and thereby to further such person's integration or reintegration into society.

3. The provisions of this Convention shall be applied by each Member through measures which are appropriate to national conditions and consistent with national practice.

4. The provisions of this Convention shall apply to all categories of disabled persons.

Part II. Principles of Vocational Rehabilitation and Employment Policies for Disabled Persons

Article 2

Each Member shall, in accordance with national conditions, practice and possibilities, formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons.

Article 3

The said policy shall aim at ensuring that appropriate vocational rehabilitation measures are made available to all categories of disabled persons, and at promoting employment opportunities for disabled persons in the open labour market.

Article 4

The said policy shall be based on the principle of equal opportunity between disabled workers and workers generally. Equality of opportunity and treatment for disabled men and women workers shall be respected. Special positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers shall not be regarded as discriminating against other workers.

Article 5

The representative organisations of employers and workers shall be consulted on the implementation of the said policy, including the measures to be taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. The representative organisations of and for disabled persons shall also be consulted.

Part III. Action at the National Level for the Development of Vocational Rehabilitation and Employment Services for Disabled Persons

Article 6

Each Member shall, by laws or regulations or by any other method consis

measures with a view to providing and evaluating vocational guidance, vocational training, placement, employment and other related services to enable disabled persons to secure, retain and advance in employment; existing services for workers generally shall, wherever possible and appropriate, be used with necessary adaptations.

Article 8

Measures shall be taken to promote the establishment and development of vocational rehabilitation and employment services for disabled persons in rural areas and remote communities.

Article 9

Each Member shall aim at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of disabled persons.

Part IV. Final Provisions

Article 10

The formal ratifications of this Convention shall be communicated to the Director General of the International Labour Office for registration.

Article II

1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

Article 12

1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

Article 13

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

2. When notifying the Members of the Organisations of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Article 14

The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.

Article 15

At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.

Article 16

1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -

a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 12 above, if and when the new revising Convention shall have come into force

b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

Extracts from United Nations Resolutions

Resolution 47/93 (1992)

The UN General Assembly Third Committee

"...3. Urges governments to show their commitment to improving the situation of persons with disabilities, inter alia, by:

a establishing an appropriate governmental mechanism to be responsible for policy relating to persons with disabilities and overall coordinations

b addressing disability issues within integrated social development policies linked to other socio-economic issues, with the ultimate objective of facilitating the full integration of persons with disabilities into society

c where appropriate, creating new or strengthening existing high-level national coordinating committees or other similar bodies in accordance with the Beijing Guidelines on the Roles and Functions of National Coordinating Committees (Resolution 46/96)

d supporting the development of organisations of people with disabilities and using the body of knowledge accumulated by the people with disabilities or their representatives in decision-making processes

e integrating, where possible, disability components in technical assistance and technical cooperation programmes..."

Resolution 45/92 (1990)

The UN General Assembly Third Committee

"...2. Invites Member States, specialised agencies and other organisations and bodies of the United Nations system, intergovernmental organisations and non-governmental organisations to implement the agenda for action and the preliminary outline and to use them as guidelines and stimuli in preparing:

a national, regional and international agendas for action aimed at mounting well-focused action at all levels to benefit people with disabilities in ways that are in conformity with the culture, customs, traditions, level of socio-economic development and resource constraints of each country

b long-term strategic plans with precise targets to be reached in the field of prevention, rehabilitation and equality of opportunities by the year 2000..."

Resolution 44/101 (1989)

The UN General Assembly Third Committee

"...4. Renews its invitation to all States to give high priority to projects concerning the prevention of disabilities, rehabilitation and the equalisation of opportunities for disabled persons within the framework of bilateral assistance, as well as financial support to strengthen organisations of disabled people...

6. Requests the Secretary-General to assist Member States in establishing and strengthening national committees on disability issues and similar coordinating bodies and to promote and support the establishment of strong national organisations of disabled persons...

14. Recognises the important role of non-governmental organisations, especially those representing persons with disabilities in the effective implementation of the World Programme of Action, in raising international awareness of the concerns of persons with disabilities and in monitoring and evaluating progress achieved during the Decade..."

3. Regional

African Charter on Human and Peoples' Rights

Drawn up by the Organisation of African Unity, the Charter entered into force on 21 October 1986. It set up bodies to promote and protect human and peoples' rights, including the African

Commission on Human and Peoples' Rights.

Extracts

Article 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5

Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment, shall be prohibited.

Article 13

2. Every citizen shall have the right to equal access to the public service of his country.

3. Every individual shall have the right to access to public property and services in strict

equality of all persons before the law.

Article 14

Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Article 16

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

2. State 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.

Article 17

1. Every individual shall have the right to education.

2. Every individual may freely take part in the cultural life of his community.

Article 18

3. The State shall ensure the elimination of every discrimination against women and children as stipulated in international declarations and conventions.

4. The aged and disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

American Declaration on the Rights and Duties of Man

Adopted by the Organisation of American States in 1948 to promote and protect human rights in the Americas.

Extracts

Article I

Every human being has the right to life, liberty and the security of his person.

Article II

All persons are equal before the law and have the rights and duties established in this Declaration, without regard to race, sex, language, creed, or any other factor.

Article XI

Every person has the right to preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources.

Article XIV

Every person has the right to work, under proper conditions, and to follow his vocation freely, insofar as existing conditions of employment permit.

Article XVI

Every person has the right to social security which will protect from the consequences of unemployment, old age, and disabilities arising from causes beyond his control that make it physically or mentally impossible for him to earn a living.

Article XXII

Every person has the right to associate with others to promote, exercise and protect his legitimate interests of a political, economic, religious, social, cultural, professional, labour union or other nature.

Declaration of the Basic Duties of ASEAN Peoples and Governments

Adopted on 3 December 1983 by the Association of South East Asian Nations, The Declaration is about the "duties" of governments, rather than the "rights" of an individual.

Extracts

Article I

1. It is the duty of every government to ensure and protect the basic rights of all persons to life, a decent standard of living, security, dignity, identity, freedom, truth, due process of law, and justice; and of its people to existence, sovereignty, independence, self-determination, and autonomous cultural, social, economic and political development.

2. It is the duty of every government to respect, implement, enforce, guarantee, preserve and protect, at all times, the following fundamental liberties and rights of people and ensure that such rights and liberties are incorporated in its national constitution beyond impairment or abridgement by statute or executive action:

a the right to life, liberty and security of person

b the right to freedom from torture, cruel, inhuman and degrading treatment or punishment.

Article 2

It is the duty of all governments and all peoples to strive actively and continuously for peace...In times of peace, military expenditures shall not exceed the expenditures for education and health.

Article 3

It is the duty of government to ensure the autonomous political, economic, social and cultural development of its people.

Article 5

7. It is the duty of government to establish and maintain an effective health care delivery system, which incorporates useful indigenous or traditional health systems.

II. It is the duty of the government to assist physically and mentally disabled persons to lead as normal a life as possible, consistent with their disability, as integrated members of their family and community, to provide them with the best possible therapeutic and medical treatment within its means, to make special provisions to meet their needs, to prevent all forms of neglect, cruelty or exploitation of disabled persons, and to consult with organisations of disabled persons on all matters of direct concern to them.

Article 6

It is the duty of government to establish an educational system that provides equal education for all citizens of the highest quality within its means, responds to the needs of society, encourages critical thinking and creativity, promotes a scientific culture, inculcates respect for human rights, fosters loyalty to people and country, respects national traditions, and contributes to national development and common good.

Article 10

Torture, cruel and degrading treatment or punishment, unexplained disappearances and extralegal executions are crimes against humanity. Consequently, it is the duty of government to recognise the rights of victims of such practices and their families to enforce their claims against those who have perpetrated such acts without limitations in space or time.

European Convention for the Protection of Human Rights and Fundamental Freedoms

Drawn up by the Council of Europe, the Convention came into force on 3 September 1953.

Extracts

Article 2

Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

Article 3

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 8

Everyone has the right to respect for his private and family life, his home and his correspondence.

Article 12

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

Article 13

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Article 14

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Article 19

To ensure the observance of the engagements undertaken by the High Contracting Parties in the present Convention, there shall be set up:

a A European Commission of Human Rights, hereinafter referred to as "the Commission".

b A European Court of Human Rights, hereinafter referred to as "the Court'.

Article 25

The Commission may receive petitions addressed to the Secretary-General of the Council of Europe from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in this Convention, provided that the High Contracting Party against which the complaint has been lodged and declared that it recognises the competence of the Commission to receive such petitions.

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Contents Consultation & Influence

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