The Convention on the Rights of Persons with Disabilities (CRPD) and Sports

1. The Convention on the Rights of Persons with Disabilities (CRPD) and Sports Esmé Grant, J.D.

2. Contents • A glimpse of disabilities worldwide • Rationale for the CRPD • Brief history of the drafting process • Overview of CRPD content • Article 30 • Current status of the CRPD

3. A Glimpse of Disabilities Worldwide • WHO Report released June 9, 2011 • Over 1 billion people have a disability (15% of world’s population) • In 1970, the estimate was 10% • Increase is credited to improved reporting and information gathering techniques, as well as an aging population and an increase in chronic diseases • Emphasizes on identifying physical, financial and attitudinal barriers that people with disabilities face, and offering  best practices from around the world on how to overcome those barriers

4. Rationale for the CRPD • Invisibility of people with disabilities in the international human rights system • People with disabilities have the same human rights as everyone else • BUT existing treaties offer little guidance & seldom applied to people with disabilities • Reports to treaty monitoring bodies seldom address disability issues • Other standards (e.g. 1993 UN Standard Rules) not legally binding

5. Brief history of the drafting process • Origins decades ago • Culminated in UN Standard Rules • CRPD process started by Mexico in Dec 2001 • 8 sessions of a General Assembly Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session • 2-3 weeks per session

7. Drafting process contd. • Guiding principle - full inclusion of all relevant stakeholders • Unprecedented access of DPOs at all stages - especially Working Group meeting where 1st draft of treaty created • Positive involvement of DPOs changed how UN does business • Educational process for all

9. Drafting process contd. • December 13, 2006 - CRPD & OP adopted • March 30, 2007 - CRPD & OP opened for signature • Over 80 States & EU signed & 1 ratification (Jamaica) - record-breaking for a human rights treaty • May 3, 2008 - CRPD entered into force after 20th ratification

10. Overview of CRPD content • One of nine “core” international HRs treaties (ie. has monitoring mechanism) • Legally binding upon States Parties • Current “benchmark” standard • Elaborates existing HRs in the context of disability • Does not create new or special rights for people with disabilities

11. CRPD content overview contd. • Structure • Preamble • Introductory articles (Articles 1 & 2) • Articles of general application (Articles 3-9) • Specific articles (Articles 10-30) • Implementation and monitoring measures (Articles 31-40) • Final articles (Articles 41-50) • Optional Protocol

12. CRPD content overview contd. • Notable elements: • Cross-disability in approach • NO definition of disability • Strong thread of non-discrimination and equality • Focus on monitoring at all levels

13. Articles • Article 11 : Situations of risk and humanitarian emergencies • Article 12 : Equal recognition before the law • Article 13 : Access to justice • Article 19 : Living independently and being included in the community • Article 24 : Education • Article 27 : Work and employment

14. Article 30: Participation in cultural life, recreation,leisure and sport 5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures: (a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels; (b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources; (c) To ensure that persons with disabilities have access to sporting, recreational and tourism venues; (d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;(e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.

16. Shift from Medical/Charitable Model to Social Model • Medical Model • Defines disability as a problem and medical intervention as solution • Avoids human rights considerations • Expectation that health profession will remedy the “problem” • Charitable Model • Misconception is that people with disabilities are helpless and need to be cared for • Strips people with disabilities with power and responsibility of taking charge of their own life

17. Shift from Medical/Charitable Model to Social Model • Social Model • Focuses on barriers created by the social and physical environment that inhibit the ability of persons with disabilities to exercise their human rights • Includes promoting positive attitudes, modifying environment and making sure laws and policies promote integration and non-discrimination

19. Current Status of the CRPD

20. Current Status of the CRPD • As of July 2012, 153 countries have signed the CRPD and 117 have ratified • U.S. signed on July 30, 2009 • Obama Administration has submitted the CRPD ratification package to the US Senate • Need 2/3 majority in the Senate for the U.S. to be able to ratify and become a States Party to the CRPD • Ratifying CRPD will give Americans with disabilities more ways to engage an inclusive & accessible world - to share experiences with people with disabilities around the world, and work & travel abroad

21. USICD Handouts • CRPD Status History • CRPD FAQ • USICD www.usicd.org www.facebook.com/usicd www.twitter.com/usicd • UN Enable Website www.un.org/disabilities

22. CRPD Education and Advocacy Initiative http://www.usicd.org