Global Perspectives: Towards a UN Treaty

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Global Perspectives Towards a UN Treaty on the
Human Rights of Persons with Disabilities Gerard
Quinn, Harvard Law School
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Disability as a Human Rights Issue Core Values
Invisibility of PWD
Dignity
Man as an end
Man as Self-Directed In his Liberty
Auto-Nomy
The Inherent Equal Self-Worth of all Human Beings
Equality
Solidarity
Civic Obligation to Enable all to Benefit From
Freedom
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Why Doesnt the UN Human Rights Treaty System
Work?
ICCPR
Core Problem
General Treaties
ICESCR
Invisibility of Disability in HR Treaties
CEDAW CRC CERD Migr Wkrs
Thematic Treaties by Group
Thematic Treaties By Right
CAT
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SO.Human Rights Challenge in Context of
Disability
To View PWDs as Subjects, Not Objects.
To View PWDs Not as Problems, but as Rights
Holders.
To Ensure the Equal Effective Enjoyment of All
Human Rights for PWDs.
To Underpin the Achievement of Equal
Opportunities for PWDs.
A Visibility Project
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2. History of Treaty Proposal False Starts.
Talk the Talk..
UN Resolutions
Expert Meetings
Studies

• World Programme
• of Action (1982)
• Failed Treaty Proposal
• (1987)
• Standard
• Rules on the
• Equalisation of
• Opportunities for
• PWD (1993)
• UN Human Rights
• Commission Resolutions

• Daes Report
• Despouy Report
• (1993).

• Cal, HK, Almasa,
• NYC

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Genesis of Current Drafting Process.
Walk the Talk.
General Assembly Resolution, December 2001,
A/RES/56/168
OHCHR Quinn/Degener Study, 2002
Commission for Social Development Resolution,
February , 2002
Human Rights Commission Resolution., April, 2002.
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Timeline.Is There an End in Sight???
2002
2003
2004
2005
2006
2007
7 AHC 8 AHC
2 AHC
Wk Grp 3 AHC 4 AHC
5 AHC 6 AHC
1 AHC
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Highlights 1 Purposes 2 Defns 4 Genl
Obligs 5 Non-discrim 12 Personhood 19
Living Independently 24 Education 29-30
Participation Rts
Chairs Draft Text for 7th Session Part I
General Obligs 1-9 Part II Rights 10-30 Part
III Monitoring 31-34 Part IV Misc.
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• OK, we Get a Treaty
• So What??????

• Triumph of an Idea Raising Visibility
• Practical benefits Magnet to Bridge Supply
  Demand
• Making Interdependence of Rights Real
• Stimulate Mainstreaming within UN Treaty system
• Partnering the UN Standard Rules
• Getting Law Reform Going

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Misc Web Resources
UN Study on Treaty Law Disability
www.ohchr.org/english/issues/disability/study.htm
Mexican Gvt Treaty site www.sre.gob.mx.discapacida
d
UN Treaty Drafting Process www.un.org/esa/socdev/e
nable
Chairs Draft Text www.un.org/esa/socdev/enable/do
cuments/chairtext.doc
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The Process..
1. Regional Re-Grouping.
2. International Orgs Specialised Agency Become
Engaged.
3. Human Rights Commissions get Involved.
4. Disability NGOs Become Aware/Engaged.
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Building Blocks
1. Why a Treaty?
2. History of Treaty Proposal.
3. The Future.
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1. Why a Treaty
Is Disability Really a Human Rights Issue?
If So. Why Arent the Existing UN Human Rights
Treaties Sufficient???
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Effect of invisibility on Human Rights.
Legislature
Executive
Judiciary
Due Process
Political Rights
Civil Rights Life, Bodily Integrity, Liberty,
Equality Association, Privacy
Economic, Social Cultural Rights Education,
Work, Social Security, Housing, Culture
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SoPurpose of New Treaty
NOT to create new law.
New i.e. 6th Thematic Human Rights Convention
BUT To Draw out Entailments of Existing Human
Rights Law In the Context of Disability.

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Mexico Expert Conference, June, 2002.
www.sre.gob.mx.discapacidad
Mexican Draft Text
Principles for Drafting of Treaty.
Indicative Outline
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First Drafting Session. NY, July/August, 2002
1. Procedural Haggle
2 Substantive Posturing
3. Report Recommendation
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Second Ad Hoc Commission Session 2003. At last A
Decision to begin drafting
I Support A Convention
UN Working Group, January 2004.
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Mind the Gap. Paper Rules v Real Rules
No Draft Provisions on International Monitoring
Some States Oppossd Others say wait NHRIs have
a draft text Israel has a text..