Convention on the Rights of Persons with Disabilities

[8] The convention is monitored by the Committee on the Rights of Persons with Disabilities for which annual Conferences of States Parties to the CRPD have set guidelines since 2008.

In 1987, a global meeting of experts to review progress recommended that the UN General Assembly should draft an international convention on the elimination of discrimination against persons with disabilities.

[12] The United Nations General Assembly adopted the non-compulsory Standard Rules on the Equalization of Opportunities for Persons with Disabilities on 20 December 1993 (resolution 48/96 annex).

[15] In 2001, the General Assembly, following a proposal by Mexico, established an Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities to consider proposals for a comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities, based on a holistic approach.

[17] In 2001, at the 56th session of the United Nations General Assembly, Mexico initiated negotiations, with active support from GRULAC (the Latin American regional group).

[18] When support for a Convention was foundering in 2002 due to WEOG opposition, New Zealand played a pivotal role in achieving cross-regional momentum.

In 2015, for the first time in its short history, the Committee on the Rights of Persons with Disabilities opened an investigation into a signatory state for breaching their convention obligations.

The Convention follows the civil law tradition, with a preamble, in which the principle that "all human rights are universal, indivisible, interdependent and interrelated "of the Vienna Declaration and Programme of Action is cited.

Article 1 defines the purpose of the convention: 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 dignityArticle 2 provides definitions of some keywords in CRPD provisions: communication, (including Braille, sign language, plain language and nonverbal communication), discrimination on the basis of disability, reasonable accommodation and universal design.

Articles 40–50 govern ratification, entry into force, relation to "regional integration organizations", reservations, amendment, and denunciation of the convention.

The convention's preamble (section e) explains that the Convention recognises: that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with othersArticle one (Purpose) further offers that: Persons with disabilities include 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 society on an equal basis with others.The Convention defines "reasonable accommodation" as "necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms" in Article 2 and demands this in all aspects of life including inclusive education.

Article 8 of the Convention stresses parties' commitment to awareness raising to foster respect for rights and dignity to counter disability discrimination.

To this end, States Parties should take appropriate measures to ensure that persons with disabilities have access, to the physical environment, to transportation, to information and communications technology, and to other facilities and services open or provided to the public.

[31] Article 29 requires that all Contracting States protect "the right of persons with disabilities to vote by secret ballot in elections and public referendums".

The CRPD has many "freedoms to", guarantees that states will provide housing, food, employment, health care, and personal assistance, set forth in the United Nations International Covenant on Economic, Social, and Cultural Rights.

The convention's Article 24 states that persons with disabilities should be guaranteed the right to inclusive education at all levels, regardless of age, without discrimination and on the basis of equal opportunity.

Parties are to take appropriate measures, such as: endorsing the learning of Braille, alternative script, augmentative and alternative modes, means and formats of communication and orientation and mobility skills, and facilitating peer support and mentoring; supporting the learning of sign language and promoting the linguistic identity of the deaf community; advocating that education of persons, particularly children, who are blind and/or deaf, is delivered in the most appropriate languages and means of communication for the individual; and employing teachers, including teachers with disabilities, who are qualified in sign language and/or Braille, and to train education professionals and staff about disability awareness, use of augmentative and alternative modes and formats of communication, and educational techniques and materials to support persons with disabilities.

The Article obligates States Parties to safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment, by taking appropriate steps, including through legislation, to prohibit discrimination on the basis of disability with regard to all matters concerning all forms of employment, continuance of employment, career advancement and safe and healthy working conditions; and to protect the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, including protection from harassment, and the redress of grievances;[36] Parties agree to ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others; to enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training; to promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and returning to employment; and to promote opportunities for self-employment, entrepreneurship, the development of cooperative and starting one's own business, acquisition of work experience, vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

[36] Article 28 requires that States Parties 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, and shall take appropriate steps to safeguard and promote the realization of this rights without discrimination on the basis of disability.

As expressed in the CRPD's Article 33, parties are to involve civil society, and have designated "focal points", often in practice national human rights institutions.

[45] Japan declares that paragraph 4 of Article 23 of the convention is interpreted not to apply to a case where a child is separated from his or her parents as a result of deportation in accordance with its immigration law.

[44] Mauritius does not consider itself bound by the Article 11 obligation to take all necessary measures to protect persons with disabilities during natural disasters, armed conflict or humanitarian emergencies, unless permitted by domestic legislation.

It also interprets Article 25(f), which bars the discriminatory denial of health care, as permitting a person to refuse medical treatment, including food or fluids.

[44] The United Kingdom has reservations relating to the right to education, immigration, service in the armed forces and an aspect of social security law.

[44] Among the other parties attaching reservations, understandings, or declarations to their ratification or accession were the European Union, Azerbaijan, Canada, Cyprus, Egypt, Iran, the Syrian Arab Republic, Venezuela, and many others.

[2] The United Nations Office of the High Commissioner for Human Rights maintains a record of all individual complaints filed under the Optional Protocol.

[50] Individuals from Australia, Tanzania, the United Kingdom, Mexico, Lithuania, Germany, Spain, Sweden, Austria, Italy, Brazil, Argentina, Hungary, Greece, and Ecuador brought the first complaints.

It is one of the ten treaty bodies supported by the United Nations' Office of the High Commissioner for Human Rights in Geneva.

[clarification needed][54][55] In its short existence, the committee has issued seven General Comments[56] as of 19 August 2020[update], and more than a hundred Concluding Observations on state reports.

Particularly within the United States, prominent Republican Senators and interest groups such as the Home School Legal Defense Association claim that the CRPD erodes sovereignty.

HUD -sponsored wheelchair basketball game to promote disability awareness, outside HUD Headquarters DPLA
Cienfuegos, a non-profit group teaching art to people with disabilities in Cuba
states parties
states that signed, but have not ratified
states that have not signed
Logo of the United Nations Office of the High Commissioner for Human Rights which is charged with supporting treaty bodies on persons with disabilities, women, racial discrimination, children, and others