" 10 years with the un standard rules on the equalization of opportunities for persons with...

" 10 years with the UN Standard Rules " 10 years with the UN Standard Rules on the Equalization of opportunities for on the Equalization of opportunities for

persons with disabilities – which way persons with disabilities – which way forward? "forward? "

SeptemberSeptember 26 26th th 2003 – Alborg, Denmark2003 – Alborg, Denmark

Special RapporteurSpecial Rapporteur

Sheikha Hessa Al - ThaniSheikha Hessa Al - Thani

Among the major outcomes of the Decade of Among the major outcomes of the Decade of Disabled persons was the adoption, by the general Disabled persons was the adoption, by the general Assembly, of the Standard Rules on the Assembly, of the Standard Rules on the Equalization of Opportunities for persons with Equalization of Opportunities for persons with Disabilities in 1994, Disabilities in 1994,

Although not a legally binding instrument, the Although not a legally binding instrument, the Standard Rules represent a strong moral and Standard Rules represent a strong moral and political commitment of Governments to take action political commitment of Governments to take action to attain equalization of opportunities for persons to attain equalization of opportunities for persons with disabilities.with disabilities.

AboutAbout Standard Rules Standard Rules

The rules serve as an instrument for policy-The rules serve as an instrument for policy-making and as a basis for technical and economic making and as a basis for technical and economic cooperation.cooperation.

The standard Rules consist of 22 rules The standard Rules consist of 22 rules summarizing the message of the world program of summarizing the message of the world program of Action.Action. The Rules incorporate the human rights The Rules incorporate the human rights perspective, which had developed during the Decadeperspective, which had developed during the Decade

The future perspective of The UN S.RThe future perspective of The UN S.R How we can implement in the future on all levels?How we can implement in the future on all levels?:-:-

To make the Standard Rules an even more effective tool To make the Standard Rules an even more effective tool for the future development of policy, legislation and for the future development of policy, legislation and programs, the present text of the Rules should be further programs, the present text of the Rules should be further developed and complemented.developed and complemented. As a result of a number of important events, beginnings As a result of a number of important events, beginnings in the 1990s, disability has been recognized as a human in the 1990s, disability has been recognized as a human rights issue. The question now is how the recognition of this rights issue. The question now is how the recognition of this principle can be turned into practical action. Disability principle can be turned into practical action. Disability must be developed as an integral dimension of human must be developed as an integral dimension of human rights procedures within the United Nations, and effective rights procedures within the United Nations, and effective reporting and monitoring routines must be put into effect.reporting and monitoring routines must be put into effect.

The present debate to a large extent concerns the The present debate to a large extent concerns the approach to apply in order to achieve effective approach to apply in order to achieve effective protection of the rights of persons with disabilities. protection of the rights of persons with disabilities. Should a disability dimension be developed within Should a disability dimension be developed within the monitoring mechanisms in connection with the monitoring mechanisms in connection with already existing covenants and conventions, or it already existing covenants and conventions, or it best way to develop a special instrument?best way to develop a special instrument?

While these efforts are taking place within the While these efforts are taking place within the United Nations system, development work must also United Nations system, development work must also be carried out at national level by Governments, be carried out at national level by Governments, national human rights institutions and national national human rights institutions and national disability organizations.disability organizations.

early early 1010 years have passed since the adoption of the years have passed since the adoption of the Standard Rules by the General Assembly. During this Standard Rules by the General Assembly. During this time, the Rules have developed into a major time, the Rules have developed into a major implementation tool used both by international and implementation tool used both by international and national non-governmental organizations in the national non-governmental organizations in the disability field. disability field. In the development of human rights for persons with In the development of human rights for persons with disabilities, the disabilities, the Standard RulesStandard Rules have been recognized as have been recognized as a Yardstick for measures to put an end to exclusion and a Yardstick for measures to put an end to exclusion and discrimination of persons with disabilities.discrimination of persons with disabilities.

FFour major motives for our major motives for elaborating a special elaborating a special

convention on the rights of convention on the rights of person with disabilitiesperson with disabilities

11

22

33

44

S.R main weakness is that S.R main weakness is that they are not legally they are not legally

binding. binding.

The measures needed The measures needed within the regular United within the regular United

Nations monitoring systemNations monitoring system

Mainstreaming will Mainstreaming will not be sufficient to not be sufficient to

strengthen the rights strengthen the rights of persons with of persons with

disabilitiesdisabilities

Authority and real Authority and real recognition. recognition.

During the second half of 2001, the government of During the second half of 2001, the government of Mexico raised a future convention on the rights of Mexico raised a future convention on the rights of persons with disabilities. These initiatives resulted in persons with disabilities. These initiatives resulted in the following paragraph:-the following paragraph:-

“Invites the United Nations General Assembly to consider elaborating an integral and comprehensive international convention to protect and promote the rights and dignity for disabled people, including, especially, provisions that address the discriminatory practices and treatment affecting them”.

The initiative of the Government of The initiative of the Government of /Mexico/Mexico

The general assembly decided to establish an Ad The general assembly decided to establish an Ad Hoc committee open to participation of all member Hoc committee open to participation of all member states and observers of the United Nations to states and observers of the United Nations to consider for elaborating such a convention , based consider for elaborating such a convention , based on the “on the “Holistic approachHolistic approach”” in the work done in in the work done in the field of social development, human rights and the field of social development, human rights and non-discrimination and taking into account the non-discrimination and taking into account the recommendations of the commission on Human recommendations of the commission on Human Rights and the commission for social development.Rights and the commission for social development.

" To further the effective implementation of the Rules. It will " To further the effective implementation of the Rules. It will assist each states in assessing its level of implementation of assist each states in assessing its level of implementation of

the Rules and is measuring its progress. The monitoring the Rules and is measuring its progress. The monitoring should identify obstacles and suggest suitable measures that should identify obstacles and suggest suitable measures that

would contribute to the successful implementation of the would contribute to the successful implementation of the Rules".Rules".

One of the most significant features of the One of the most significant features of the Standard Rules is that their implementation should Standard Rules is that their implementation should be actively monitored. In section IV of the Rules be actively monitored. In section IV of the Rules there is a fairly detailed description of the there is a fairly detailed description of the monitoring mechanism. Its purpose, as set forth in monitoring mechanism. Its purpose, as set forth in section IV, paragraph 1, issection IV, paragraph 1, is

Future Monitoring System For the S.RFuture Monitoring System For the S.R

The monitoring should take place within The monitoring should take place within framework of the sessions of the commission for framework of the sessions of the commission for

social development.social development.

*There are three actors involved in the monitoring *There are three actors involved in the monitoring task:-task:-

1111

2222 A Special Rapporteur should do the actual A Special Rapporteur should do the actual monitoring work and report to the commission.monitoring work and report to the commission.

3333 The non-governmental organizations in the The non-governmental organizations in the disability field should be invited to establish among disability field should be invited to establish among

themselves a panel of experts, to be consulted by the themselves a panel of experts, to be consulted by the Special RapporteurSpecial Rapporteur

The first paragraph of chapter IV OF THE The first paragraph of chapter IV OF THE Standard Rules expresses the purpose of the Standard Rules expresses the purpose of the

monitoring as follows:-monitoring as follows:-

“ “The purpose of a monitoring mechanism is to further the The purpose of a monitoring mechanism is to further the effective implementation of the Rules. It will assist each State in effective implementation of the Rules. It will assist each State in

assessing its level of implementation of the Rules and in assessing its level of implementation of the Rules and in measuring its progress. The monitoring should identify obstacles measuring its progress. The monitoring should identify obstacles

and suggest suitable measures that would contribute to the and suggest suitable measures that would contribute to the successful implementation of the Rules, … An important successful implementation of the Rules, … An important

element should also be the provision of advisory services and the element should also be the provision of advisory services and the exchange of experience and information between Statesexchange of experience and information between States.”.”

It is necessary to maintain disability as a It is necessary to maintain disability as a development issue within the United Nations system development issue within the United Nations system

as a responsibility for the commission for Social as a responsibility for the commission for Social Development. Development.

Future Monitoring MechanismFuture Monitoring Mechanism

An active monitoring mechanism for the An active monitoring mechanism for the implementation of the Standard Rules should implementation of the Standard Rules should remain in place for the future. The two main remain in place for the future. The two main functions (Assessment and promotion) should kept. functions (Assessment and promotion) should kept. One question is if the two functions should be One question is if the two functions should be applied separately.applied separately.

&&Measures to AssesMeasures to Asses

the Situationthe Situation

Measures Measures for for promotion & advicepromotion & advice

11 22

Measures To Asses the SituationMeasures To Asses the Situation

One important part of the monitoring One important part of the monitoring mechanism is to assess the degree of progress made mechanism is to assess the degree of progress made in Member States in implementing the Rules.in Member States in implementing the Rules.

The program in action and the Standard Rules are based on the The program in action and the Standard Rules are based on the same disability philosophy and contain very similar guidelines. same disability philosophy and contain very similar guidelines. Therefore, these two exercises, both intended to assess progress Therefore, these two exercises, both intended to assess progress worldwide, should be merged and carried out as one activity in worldwide, should be merged and carried out as one activity in the future.the future.

The system of mobilizing national affiliates of international The system of mobilizing national affiliates of international non-governmental organizations, both to prepare replies and to non-governmental organizations, both to prepare replies and to assist in obtaining replies from Governments, should be copied assist in obtaining replies from Governments, should be copied from the routine practiced with success in the Standard Rules from the routine practiced with success in the Standard Rules monitoring mechanisms of the current Special Rapporteur.monitoring mechanisms of the current Special Rapporteur.

The system with quinquennial surveys should be kept and the The system with quinquennial surveys should be kept and the surveys should be made in cooperation with the major surveys should be made in cooperation with the major international non-governmental organizations in the disability international non-governmental organizations in the disability field. One part of questionnaire could be standardized to ensure field. One part of questionnaire could be standardized to ensure the future possibility of comparison over time. A second part of the the future possibility of comparison over time. A second part of the questionnaire could be used for Ad Hoc studies of special aspects.questionnaire could be used for Ad Hoc studies of special aspects.

Measures To Asses the Measures To Asses the SituationSituation

“… “…The commission should examine the possibility of either The commission should examine the possibility of either renewing the Special Rapporteur’s mandate, appointing a renewing the Special Rapporteur’s mandate, appointing a

new Special Rapporteur or considering another monitoring new Special Rapporteur or considering another monitoring mechanism, and should make appropriate recommendations mechanism, and should make appropriate recommendations

to the Economic and Social Council”.to the Economic and Social Council”.

Measures For Promotion AdviceMeasures For Promotion Advice

In paragraph 12 of chapter IV of the Rules, the In paragraph 12 of chapter IV of the Rules, the commission for Social Development in given the commission for Social Development in given the following instructions:following instructions:

Establish full time positions as regional advisers in the Establish full time positions as regional advisers in the developing regions and in countries with economies in transition in developing regions and in countries with economies in transition in Central and Eastern Europe. Apart from strengthening the Central and Eastern Europe. Apart from strengthening the advisory services considerably, the advantage is that regional advisory services considerably, the advantage is that regional advisers would be closer to the economic, political and cultural advisers would be closer to the economic, political and cultural conditions in the countries concerned.conditions in the countries concerned.

Measures For Promotion Measures For Promotion AdviceAdvice

Integrate the promotional function into the program on Integrate the promotional function into the program on disability of the department of Economic and Social Affairs. If so disability of the department of Economic and Social Affairs. If so senior position as technical advisor should be added to the senior position as technical advisor should be added to the disability staff. A prerequisite for this alternative would be the disability staff. A prerequisite for this alternative would be the availability of sufficient resources particularly for missions to availability of sufficient resources particularly for missions to countries and related activities.countries and related activities.

Whatever monitoring takes, it is important to maintain the Whatever monitoring takes, it is important to maintain the system of a panel of experts attached to the monitoring system of a panel of experts attached to the monitoring mechanism. mechanism.


Recruit a group of experts from the different regions who are Recruit a group of experts from the different regions who are all qualified for the function, but with different specialists. They all qualified for the function, but with different specialists. They should willing to accept the Ad Hoc missions of limited duration to should willing to accept the Ad Hoc missions of limited duration to countries in their region. Such mission should be supported and countries in their region. Such mission should be supported and funded, resources permitting, either by the United Nations funded, resources permitting, either by the United Nations Secretariat or by regional sources.Secretariat or by regional sources.

The panel would be able to play an important advisory role in The panel would be able to play an important advisory role in connection with future periodic surveys to Member States by connection with future periodic surveys to Member States by participating in the formulation of questions as well as by participating in the formulation of questions as well as by interpreting the results..interpreting the results..The panel could also provide support and advice to a future Special The panel could also provide support and advice to a future Special Rapporteur or technical adviser in their various activities.Rapporteur or technical adviser in their various activities.

A prerequisite for a well-functioning monitoring mechanism is A prerequisite for a well-functioning monitoring mechanism is that sufficient funding – regular and extra budgetary – can be that sufficient funding – regular and extra budgetary – can be made available for the different monitoring functions;made available for the different monitoring functions;

The two monitoring and evaluation processes, carried out in The two monitoring and evaluation processes, carried out in connection with the world program of action concerning Disabled connection with the world program of action concerning Disabled persons and the Standard Rules to assess progress worldwide, persons and the Standard Rules to assess progress worldwide, should be merged into a single, periodic exercise, carried out by should be merged into a single, periodic exercise, carried out by the program on disability of the DESA;the program on disability of the DESA; Take further action to increase awareness in Governments, Take further action to increase awareness in Governments, non-governmental organizations and the United Nations system;non-governmental organizations and the United Nations system;

Involving the specialized agencies and the regional Involving the specialized agencies and the regional commissions in the implementation of the Rules; commissions in the implementation of the Rules;


The standard Rules should continue to play a Role as an The standard Rules should continue to play a Role as an international tool for policy development in the disability field;international tool for policy development in the disability field;

Nearly ten years have passed since the adoption Nearly ten years have passed since the adoption of the United Nations Standard Rules. During this of the United Nations Standard Rules. During this

time, the rules have developed into a major tool for time, the rules have developed into a major tool for policy making and action, used by Government and policy making and action, used by Government and

by international and national non-governmental by international and national non-governmental organizations in the disability field. In human rights organizations in the disability field. In human rights

development, the Standard Rules have been development, the Standard Rules have been recognized as a yardstick for ways to put an end to recognized as a yardstick for ways to put an end to

exclusion and discrimination.exclusion and discrimination.To make the Standard Rules an even more effective To make the Standard Rules an even more effective

tool for future development of policy, legislation and tool for future development of policy, legislation and programs, a complement to the rules should be programs, a complement to the rules should be

created.created.

Supplement To The Standard RulesSupplement To The Standard Rules

The role of the Special Rapporteur The role of the Special Rapporteur regarding the monitoring of the regarding the monitoring of the

Standard? & How can this work be Standard? & How can this work be organized effectively to cover organized effectively to cover different parts of the world?different parts of the world?

In accordance with the purpose of the In accordance with the purpose of the monitoring – to further the effective implementation monitoring – to further the effective implementation

of the Rules – the Special Rapporteur has of the Rules – the Special Rapporteur has endeavored to use all available opportunities to endeavored to use all available opportunities to

present the Rules, their background message and present the Rules, their background message and function.function.

Activities Of The Special Activities Of The Special RapporteurRapporteur

Promoting implementation of the Standard RulesPromoting implementation of the Standard Rules

Meetings with GovernmentsMeetings with GovernmentsConferencesConferences

Correspondence and communicationsCorrespondence and communications

Meetings with GovernmentsMeetings with Governments

Meetings with individual Governments have been Meetings with individual Governments have been initiated mainly in two ways.initiated mainly in two ways.

In many cases the Special Rapporteur has been In many cases the Special Rapporteur has been invited directly by Governments interested in invited directly by Governments interested in

discussing various aspects of the implementation of discussing various aspects of the implementation of the Rules.the Rules.

In some cases the Special Rapporteur suggest to In some cases the Special Rapporteur suggest to governments that a meeting should be held.governments that a meeting should be held.

Activities of The Special Activities of The Special RapporteurRapporteur

In view of the great importance of the non-In view of the great importance of the non-governmental organizations in the disability field in governmental organizations in the disability field in

advocating the implementation of the Standard advocating the implementation of the Standard Rule, the Special Rapporteur should give high Rule, the Special Rapporteur should give high

priority to participate in major events organized by priority to participate in major events organized by such organizations.such organizations.

The participation of the Special Rapporteur The participation of the Special Rapporteur usually consisted in a general presentation of the usually consisted in a general presentation of the

Standard Rules, often followed by a workshop or a Standard Rules, often followed by a workshop or a seminar where various aspects of the seminar where various aspects of the

implementation work have been discussed.implementation work have been discussed.

ConferencesConferences


Correspondence and Correspondence and communicationscommunications

The correspondence in The correspondence in connection with the special connection with the special

Rapporteur’s various Rapporteur’s various activities should be activities should be

extensiveextensive44-- Write number of articles Write number of articles

for magazines for the for magazines for the international non-international non-

governmental organizationsgovernmental organizations

11-- Owing to the extensive Owing to the extensive network of contacts that network of contacts that

may developed during the may developed during the monitoring taskmonitoring task..

33-- Providing advice Providing advice concerning various concerning various

implementation aspects, and implementation aspects, and in some cases people may in some cases people may

raise individual issuesraise individual issues..

22-- Handling requests for Handling requests for speakers on the Standard speakers on the Standard

Rules for various meetings Rules for various meetings and conferencesand conferences..

it is obvious that Unites Nations specialized it is obvious that Unites Nations specialized agencies with involvement in the disability field are agencies with involvement in the disability field are

familiar with the Standard Rules.familiar with the Standard Rules.

Measures to make the Rules known must Measures to make the Rules known must continue and be strengthened on both the national continue and be strengthened on both the national

and international levels:-and international levels:-

On The International Level:-On The International Level:-

11-- The role of secretariat as focal point in support of The role of secretariat as focal point in support of implementation of the standard rules should be implementation of the standard rules should be

further developed.further developed.


A form of inter-agency mechanism should be A form of inter-agency mechanism should be established, which could improve coordination and established, which could improve coordination and

identify areas for cooperation and joint action.identify areas for cooperation and joint action.

22-- The cooperation between the Secretariat and the The cooperation between the Secretariat and the specialized agencies in efforts to guide member specialized agencies in efforts to guide member

states in their policy development should be better states in their policy development should be better coordinated.coordinated.

33--


In The Area Of DevelopmentIn The Area Of Development The situation is less satisfactory. To strengthen and The situation is less satisfactory. To strengthen and

integrate disability measures into the mainstream of integrate disability measures into the mainstream of technical cooperation, including UNDP ,the World technical cooperation, including UNDP ,the World Bank and other Financial institutions, is one of the Bank and other Financial institutions, is one of the

most urgent measures of all in the future most urgent measures of all in the future implementation of the Standard Rules.implementation of the Standard Rules.

The United Nations should, as part of follow-up The United Nations should, as part of follow-up activities to this monitoring exercise, take measures activities to this monitoring exercise, take measures

to assist Governments to build their own monitoring to assist Governments to build their own monitoring and evaluation mechanisms.and evaluation mechanisms.

That could be done as a task for national That could be done as a task for national coordinating councils or through separate bodies. It coordinating councils or through separate bodies. It is important, however, that such measures be taken is important, however, that such measures be taken

in cooperation with the organizations of persons in cooperation with the organizations of persons with disability.with disability.

How will the cooperation with How will the cooperation with disability NGOs happen worldwide?disability NGOs happen worldwide?

There is pattern of cooperation between There is pattern of cooperation between Governments and organizations, which is of great Governments and organizations, which is of great

importance for development is disability field. importance for development is disability field. Governments should develop further that pattern of Governments should develop further that pattern of

cooperation at all levels. They should also cooperation at all levels. They should also strengthen their support to the work of strengthen their support to the work of

organizations of persons with disabilities.organizations of persons with disabilities.


There is no doubt that the United Nations There is no doubt that the United Nations Standard Rules have proved to be as useful tool in Standard Rules have proved to be as useful tool in

international efforts to achieve full participation international efforts to achieve full participation and equality. It is true that the Rules are not legally and equality. It is true that the Rules are not legally binding, but the way in which they were elaborated binding, but the way in which they were elaborated

in close cooperation between numerous in close cooperation between numerous Governments and the community of major Governments and the community of major

international non-governmental organizations, international non-governmental organizations, should foster a strong commitment in the part of allshould foster a strong commitment in the part of all


One great advantage is that the Rules maintain a One great advantage is that the Rules maintain a sensible balance between suggesting firm principles sensible balance between suggesting firm principles

and providing space for adjusting measures to and providing space for adjusting measures to varying conditions in countries. It is also important varying conditions in countries. It is also important that the Rules maintain a sensible balance between that the Rules maintain a sensible balance between suggesting firm principles and providing space for suggesting firm principles and providing space for

adjusting measures to varying conditions in adjusting measures to varying conditions in countries.countries.


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discrimination of persons

human rights issue

disabilities authority

decade of disabled persons