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Irish Human Rights Commission Conference on Monitoring of Draft Disability Treaty Dublin, 16 April, 2005. 1. Why a Human Rights Framework On Disability?. 2. Why a Treaty?. 3. The Treaty Drafting Process. 4. Key Challenge - Monitoring. 1. Why a Human Rights Framework
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Irish Human Rights Commission Conference on Monitoring of Draft Disability Treaty Dublin, 16 April, 2005 1. Why a Human Rights Framework On Disability? 2. Why a Treaty? 3. The Treaty Drafting Process 4. Key Challenge - Monitoring
1. Why a Human Rights Framework On Disability? Why Are Frameworks Important? Frames our VIEW of Reality Helps us JUDGE Reality Inspires us to CHANGE Reality
The Human Rights Framework & Disability Values Rights Invisibility Of PWDS Dignity Autonomy Equality Solidarity Civil Political Economic, Social & Cultural Negative use of Difference Discounted Rights
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. A Visibility Project
2. Why a Treaty? ICCPR Core Problem General Treaties ICESCR Invisibility of Disability in HR Treaties CEDAW CRC CERD Migrants Thematic Treaties by Group Thematic Treaties By Right CAT
So………Purpose of Treaty NOT to create new law. BUT To Draw out Entailments of Existing Human Rights Law In the Context of Disability. New Thematic Human Rights Treaty =
3. The Treaty Drafting Process Sweden & Italy Drafts – 1980s UN Standard Rules - 1993 UN Human Rights Commission Failed Irish Resolution 2000 Geneva New York UN Study on Treaty Law & Disability 2002 UN GA Resolution 2001
Ad Hoc Committee 1st Session – 2002 2nd Session – 2003 Working Group – 2004 3rd Session – 2004 4th Session – 2004 5th Session – 2005 6th Session – August 2005
4. Key Challenge - Monitoring PURPOSES….. Develop Normative Understandings Propagate insights at International Level Assist States Hold States to Account Int. Level Stimulate Domestic Law Reform Conscientize Civil Society Domestic Level
Existing Monitoring Mechanisms Periodic Reporting Complaints Enquiries Inter-State Procedures.
Big Options No Monitoring Body Ombudsperson ‘Normal’ Monitoring Body ‘Modified’ Monitoring Body
Misc Web Resources… UN Treaty Process www.un.org/esa/docdev Output of Working Group January 2004 www.disabilityrights.org UN Study on Human Rights & Disability www.hrhc.ch