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International Covenant on Economic, Social and Cultural Rights
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Status of Ad Hoc Committee-Background Documents
Overview of Issues and Trends related to Advancement of Persons with Disabilities
History of Disabilities and the United Nations
United Ntions Department of Economics and Social Affairs, Social Policy and Development
United Nations Enable: Full Participation
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Target Areas for Equal Participation
It is commonly observed that human beings everywhere demand the satisfaction of certain values or capabilies to ensure their individual and collective well being. It is also observed that the satisfaction of such values or capabilites are often frustrated by social as well as natural forces. Such demands lead to the recognition of what today are called "Human Rights" and the legal processes that support them.
Today almost every legal scholar and philosopher agree that every human has, at least in theory, some basic rights. During the last half of the 20th century, the international community began to recognized some international human rights.
Human Rights are often defined as entitlements that belong to all humans simply because they are human.
Many writers have proposed many foundations upon which Human rights are grounded. No single foundation has a
monopoloy on reasonable claims to be made in its favour. Some views that have been suggested include,
The United Nations Assembly this year marked a historical event for persons with Disabilies in passing the Convention on the rights of Persons with Disabilies.
In 1976, the United Nation's General assembly proclaimed 1981 the International Year of the Diasabled. A major outcome of that year was the formulation of the World Program of Action adopted in 1982 which called for a plan of action at national and international levels with emphasis on equalization of opportunities, rehabilitation and prevention of disabiliteslan of action.
Brian Mulrooney,then Prime Minister proclaimed 1983 - 1992, The Decade of Disabled People "during which the objectives of the world Programme of Action concerning Disabled People will be implemented in accordance with this declaration of principles which will direct and guide our govermental activities"
One of the outcomes of this decade at the International level was the adoption by the General Assemby, of the Standard Rules on the Equlaization of Opportunities for Persons with Disabilies in 1993. The rules serve as an instrument for policy making and as a basis for technical and economic cooperation.
In a series of conventions dring the 1990s the situation of people with disabilies was addressed and recommendations made to rectify past discriminatory practices as well as to protect and promote their rights to particpate fully in all aspects of the society as citizens of their country.
Finally on December 13 2006 the Convention on the Rights of Persons with Disabilites and its optional Protocols was adopted. On March 30 the first day that the convention was open for signatures, 82 countries including Canada signed on to the convention and 44 to the optional protocols. The Convention will come in to force 30 days after the deposit of the 20th instrument of ratification. To date one Country Jamaica has ratified the convention.
The entire convention can be downloaded at www.kacl.ca/convention.doc
The National State system of government arose in the 16 century in part to provide for greater stability among nations. Traditionally conceived, the relationship with the citizen subject was with his state and no other state was to intefere.
International Human rights, which began to immerge from the aftermate of World War 2.
In the Charter of the United Nations all members states pledge themselves to take joint action to promote and encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.
In the Universal Declaration of Human Rights (UDHR) in 1948 many nations endorsed the rights contained as a common standard of achievement for all peoples and all nations".
In 1976 The International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights approved by the UN in 1966 came into effect.
In December 2006 the Convention on the Rights of Persons with Disabilies was approved by the United Nations general Assembly
Section 7 of the Canadian Charter of Rights and Freedoms provides,
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Article 3 of the Universal Declaration of Human Rights provides,Everyone has the right to life, liberty and security of person.
Liberty has the notion of freedom from constraint and security of persons has the notion of freedom from attack. Both have the notion of the right to self-determination. These also include the right not to be abused, sexually intimidated or violated or subject to domestiv violence, although such rights nmay not have been sufficiently well devloped in 1948 to be in the minds of the male drafters of this document. Certainly Canadians documents make such rights much more evidently certain.
"Security rights refer to the rights of individuals and groups to enjoy reasonable reliable prospects of well being and survival - for example, relying on thier rights as workerrs, and rights to food, health, education, and culture..."Claude and Weston 2006)
Article 25 of the Universal Declaration of Human Rights provides,
(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.
Article 11 of International Convention on Economic, Socioal and Cultural Rights (ICESCR) elaborates on this right:
1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.
2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger,
shall take, individually and through international co-operation, the measures, including specific programmes, which are
needed:
(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Claude, Richard Pierre and Burns H. Weston (2006) Human Rights in the World Community, Issues and Action, 3rd Edition, Philadelphia, University of Pennsylvania