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World Congress on Communication for Development Rome, 2006. “Respect for human rights, equal dignity, and the right of every citizen to personal fulfillment constitute the pillars of our republican Constitution.”. President Carlo Azeglio Ciampi, 2003 International Disability Award.
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“Respect for human rights, equal dignity, and the right of every citizen to personal fulfillment constitute the pillars of our republican Constitution.” President Carlo Azeglio Ciampi, 2003 International Disability Award
“These are also the founding principles of Italian legislation for the disabled, which pursues two parallel goals: • to give every disabled person the opportunity to live as equal, integrated, protected and independent citizens; • to educate Italians to break down the barrier that once used to exclude and isolate disabled and their families”
A journey of hope The UN Convention on the rights of persons with disabilities Jorge A. Ballestero Rome, October 2006
“We have faith that future generations will know that here, in the middle of the twentieth century, there came a time when men of good will found a way to unite, and produce, and fight to destroy the forces of ignorance, and intolerance, and slavery, and war.”
UN Charter, 1945 • We the peoples of the United Nations determined: • - To reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and • - To promote social progress and better standards of life in larger freedom
And for these ends… To employ international machinery for the promotion of the economic and social advancement of all peoples
Humanity is neither a fact of life nor a given thing… it is indeed a work in progress
Universal Declaration of Human Rights, 1948 • Article 25.1: Everyone has the right to • a standard of living adequate for the health and well being of himself and of his family, • including food, clothing, housing and medical care and necessary social services, • and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
The International Bill of Human Rights, 1966 • The Universal Declaration of Human Rights, 1948 • The International Covenant on Civil and Political Rights, 1966 • The International Covenant on Economic, Social and Cultural Rights, 1966
Declaration on the Rights of Disabled Persons, 1975 • Commission for Social Development recommends elimination of barriers • ECOSOC adopts resolution 1921(LVIII) dealing with disability prevention and rehabilitation • General Assembly adopts the Declaration on the Rights of Disabled Persons
Diversity and specificity • Convention on the elimination of all forms of discrimination against women (CEDAW Dec,1979) • Convention on the rights of the child (CRC Nov, 1989)
Social Development Summit, Copenhagen, 1995 • Program of Action, Chapter 4 • Paragraph 75 • Governments, in collaboration with organizations of people with disabilities and the private sector, should work towards the equalization of opportunities • Policies concerning people with disabilities should focus on their abilities rather than their disabilities and should ensure their dignity as citizens.
And then… • Mexico calls for the drafting of a UN Convention on the Rights of Persons with disabilities • And most of the world says YES!!!
A new Convention? What for? • There’s no need! • Persons with disabilities are PERSONS!!! Therefore, their rights are the same as those of every other person.
And here’s another “argument”… • Vulnerable groups are already protected! • CEDAW for women, CRC for Children, ICCPR and ICESCR for all
And, last but not least… • We are in the middle of UN reform! • Beware of PBI… Program BUDGET implications
Today’s Situation • 650 million of persons with disabilities (10% of World’s population) • The majority live in poverty and in developing countries • 80% live in rural areas • Disability causes poverty and poverty causes disability
The Ad Hoc Committee: Towards a Convention “There are many ways of going forward, but only one way of standing still.”
December 2001: GA Resolution 56/168, established an Ad Hoc Committee “to consider proposals for a comprehensive and integral convention to promote and protect the rights and dignity of persons with disabilities, based on the holistic approach in the work done in the fields of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development”
Human Rights and Disability in the XXI Century • The challenge of a definition • The shift of paradigm • Giving content to the principle of universality, indivisibility, interdependence and interrelatedness of all Human Rights and fundamental freedoms • Social development and Human Rights: One and the same
Draft International Convention on the Rights of Persons with disabilities • It’s the first Human Rights Convention of the XXI century • Does it live up to the expectations? • Do we have now a new approach to human rights protection? • Civil society engagement • Human Rights and Social Development in real tandem • Definition
Focus and scope of the Convention Comprehensive and integral Definition Change of paradigm Implications Avoidance of Ghetto mentality Reasonable accommodation Sexual and reproductive health care International cooperation Main developments
“No country, however rich, can afford the waste of its human resources.”
The Structure of Hope • Preamble “definition” • Purpose, scope and right holders • General principles and obligations • Non discrimination • Women and Children • Awareness Raising
“Men are not prisoners of fate, but only prisoners of their own minds”
The structure of hope… • Accessibility • Stop building barriers • Right to life, access to justice, liberty and security • Legal capacity • Right to Privacy and freedom of expression • Education, Health and Work • Participation in political, social and cultural life
The mechanisms of Hope • International cooperation • Information and data collection • Monitoring (national and international)
“The only limit to the realization of tomorrow will be our doubts of today. Let us move forward with strong and active faith” Franklin D. Roosevelt, April 13, 1945