The meaning
Too little attention continues to be paid to protecting the rights of people with disabilities. In many countries, the issue is even criminally neglected. This is tantamount to ignoring the people affected by disabilities. Accordingly, Human Rights Watch rightly refers to the global situation as “ONE BILLION FORGOTTEN” (“ONE MILLION FORGOTTEN”).
So let’s start by realising this: When we talk about disability rights, we are talking about the rights of people who, according to the World Health Organisation (WHO), make up around 15% of the world’s population.
The UN Convention on the Rights of Persons with Disabilities (UN CRPD)
The most important international document in this context is the “United Nations Convention on the Rights of Persons with Disabilities” (UN CRPD), which was adopted by the UN General Assembly in New York on 13 December 2006. The UN CRPD has now been ratified by a total of 173 states, meaning that it is binding for these states under international law. 14 states have signed it, including the USA, Uzbekistan and Chad, and only eleven states have neither ratified nor signed it, including Somalia, Eritrea and South Sudan (as at 4 April 2017).
From a historical perspective, the UN CRPD emerged in the wake of the Universal Declaration of Human Rights of 1948. It should be emphasised that the UN CRPD is not a special convention that establishes special rights for people with disabilities. Rather, it specifies and supplements existing human rights standards, taking into account the particular vulnerability of people with disabilities. Its relatively late adoption is due not least to the fact that disabled people were largely ignored in the first three decades after the founding of the United Nations in 1945. They were hardly mentioned explicitly in any human rights document, even though hundreds of thousands of them were forcibly sterilised and murdered during the Nazi dictatorship.
Against this historical background, the UN CRPD is indeed a “milestone on the road to human rights protection (…)” (Degener 2009).
However, it is not only the document that was adopted that should be seen as a milestone, but also its drafting, as disabled people were involved in this process in line with the motto “Nothing about us without us!”. (“Nothing about us without us!”) were actively involved and had a powerful voice.
The understanding of disability in the UN CRPD
At the centre of the UN CRPD is the human rights-based understanding that fundamentally recognises disabled people as equal legal subjects. In addition, the focus is shifted from the individual to the relationship between the individual and the environment – another milestone. Social marginalisation and discrimination thus become visible. This is a departure from a narrow medical and deficit-orientated understanding of disability. Accordingly, the declaration of the UN CRPD states:
“(…) that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others (…)” (Preamble para. e).
According to this understanding, the people concerned are not disabled per se, but are disabled. The “problem” is therefore no longer localised in the people themselves, but in the interaction between the impaired persons and disabling social conditions.
The eight principles of the UN CRPD
Based on this understanding of human rights, eight general principles are formulated right at the beginning of the UN CRPD, which represent the “spirit of the Convention” (Degener 2009). They can be summarised as follows:
– Respect for inherent dignity and individual autonomy
– non-discrimination
– Participation and inclusion in society (inclusion)
– Respect for and acceptance of human diversity
– Equality of opportunity
– Accessibility
– Equal rights for men and women
– Respect for the developing abilities of children with disabilities
The human rights catalogue of the UN CRPD
In addition to the declaration and the principles in the general section, the Convention contains a comprehensive catalogue of human rights for the individual areas of life. The following can be mentioned as examples:
Article 12 “Equal recognition before the law”;
Article 16 “Freedom from exploitation, violence and abuse”;
Article 19 “Self-determined life and inclusion in the community”;
Article 21 “Freedom of expression and access to information”;
Article 24 “Education”;
Article 27 “Labour and employment”;
Article 28 “Adequate standard of living and social protection”;
Article 29 “Participation in political and public life”; and
Article 30 “Participation in cultural life, recreation, leisure and sport”.
Violations of human rights in exclusive conditions
“Anyone who deals with human rights in theory or practice will often be unable to avoid a disappointing realisation: Human rights are not realised in reality or are massively violated” (Degener 2009).
This quote reminds us that the principles of the UN CRPD were developed against the backdrop of experiences of social conditions in which they are all too often disregarded. In other words, the core demand of the UN CRPD for social “inclusion” is based on social “exclusion”.
“Around the world, people with disabilities have poorer prospects for a healthy life, lower levels of education, lower economic participation and higher rates of poverty than people without disabilities” (World Health Organisation & World Bank 2011).
The UN CRPD, which is still far from being implemented, has essentially not changed this situation. Disabled people around the world continue to be disenfranchised, patronised, discriminated against, disadvantaged and marginalised.
The gap between aspiration and reality
The comparison between the human rights claim of the UN CRPD and the reality of human rights violations reveals a deep gulf. This can be seen not only in the so-called developing and newly industrialising countries, but also in countries of the global North.
For example, a commentary by the UN CRPD Monitoring Centre, which monitors the implementation of the UN CRPD, states that Germany “(…) is still a long way from an inclusive society that always respects the rights of people with disabilities” (Monitoring Centre UN Convention on the Rights of Persons with Disabilities 2016). Valentin Aichele, the head of the monitoring centre, even states the following with regard to the highly controversial inclusion in schools in Germany: “On a national average, we have more exclusion today than in 2009, and this development is clearly contrary to the Convention” (Aichele 2016).
The fight for human rights
The outlined gap between aspiration and reality forms the starting point for resistance and the necessary “fight for human rights” (Bauer), which must also be waged as a fight for the realisation of the rights of people with disabilities. It is directed against violations of human rights and in favour of a society in which everyone can be different without fear.
The non-profit BUXUS STIFTUNG is committed to ensuring that the UN CRPD does not degenerate into a collection of dead letters, but that words are followed by deeds.
Literature
Aichele, Valentin (2016): “Human rights commissioner criticises the development of inclusion in Germany as “clearly contrary to the Convention” [Retrieved 10/07/2017 from http://www.news4teachers.de/2016/03/un-berichterstatter-aichele-kritisiert-die-entwicklung-der-inklusion-in-deutschland-als-klar-konventionswidrig/].
Bielefeldt, Heiner (2009): On the innovation potential of the UN Convention on the Rights of Persons with Disabilities. Berlin: German Institute for Human Rights. 3rd ed.
Degener Theresia (2009): Human rights and disability. In: Dederich, Markus; Jantzen Wolfgang (eds.): Behinderung, Bildung, Partizipation. Encyclopaedic handbook of disability education. Disability and recognition. Stuttgart: Kohlhammer. S. 160-176.
Human Rights Watch (2013): ONE MILLION FORGOTTEN. PROTECTING THE HUMAN RIGHTS OF PERSONS WITH DISABILITIES . [Retrieved on 08/06/2017 at: https://www.hrw.org/sites/default/files/related_material/2013_%20Disability%20One%20Billion_Brochure%20%28low%20res%29.pdf].
Monitoring Centre UN Convention on the Rights of Persons with Disabilities (2016): Commentary on the Federal Government’s National Action Plan 2.0 for the Implementation of the UN Convention on the Rights of Persons with Disabilities . Berlin: German Institute for Human Rights.
Office of the United Nations High Commissioner for Human Rights (OHCHR) (2017): Convention on the Rights of Persons with Disabilities. [Retrieved on 08/06/2017 at: http://www.ohchr.org/Documents/HRBodies/CRPD/OHCHR_Map_CRPD.pdf].
World Health Organisation & World Bank (eds.) (2011): World report on disability . Geneva, Switzerland: World Health Organisation.
Links to the UN Convention on the Rights of Persons with Disabilities
Original German text
Available at: http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-Dateien/Pakte_Konventionen/CRPD_behindertenrechtskonvention/crpd_b_de.pdf
German original text in plain language
Available at: http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-Dateien/Pakte_Konventionen/CRPD_behindertenrechtskonvention/crpd_leichte_sprache_de.pdf
Original German text in sign language
Available at: http://www.bmas.de/DE/Gebaerdensprache/UN-Konvention/Die-UN-Konvention-in-Einzelvideos/die-un-konvention-in-einzelvideos.html
Shadow translation
Retrieved from: http://www.netzwerk-artikel-3.de/index.php/vereinte-nationen
Original English text:
Retrieved from: http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-Dateien/Pakte_Konventionen/CRPD_behindertenrechtskonvention/crpd_en.pdf
Further literature and documents
Aichele, Valentin (2008): The UN Convention on the Rights of Persons with Disabilities and its Optional Protocol. A contribution to the ratification debate. Berlin: German Institute for Human Rights. [Retrieved from: http://www.institut-fuer-menschenrechte.de/uploads/tx_commerce/policy_paper_9_die_un_behindertenrechtskonvention_und_ihr_fakultativprotokoll.pdf].
Bielefeldt, Heiner (2012): Inclusion as a human rights principle: Perspectives on the UN Convention on the Rights of Persons with Disabilities. In: Moser, Vera; Horster, Detlef (eds.): Ethics of Disability Education. Human rights, human dignity, disability. A foundation. Stuttgart: Kohlhammer Verlag. S. 149-166.
Federal Ministry of Labour and Social Affairs (2011): Our path to an inclusive society. The Federal Government’s National Action Plan for the Implementation of the UN Convention on the Rights of Persons with Disabilities. [Retrieved from: https://www.bmas.de/SharedDocs/Downloads/DE/PDF-Publikationen/a740-nationaler-aktionsplan-barrierefrei.pdf?__blob=publicationFile].
Federal Ministry of Labour and Social Affairs (2015): Answering the questions from the “List of Issues” in connection with the first German state review. [Retrieved from: http://www.gemeinsam-einfach-machen.de/BRK/DE/StdS/Vertragsausschuss/Staatenpruefung/Staatenpruefung_node.html].
Dederich, Markus (2010): Exclusion. In: Dederich, Markus; Greving, Heinrich; Mürner; Christian; Rödler, Peter (eds.): Inklusion statt Integration? Curative education as a cultural technique. Gießen: Psychosozial-Verlag, pp. 11-27. 2nd ed.
Degener Theresia (2009): The UN Convention on the Rights of Persons with Disabilities as a driver of inclusion. In: RdJB – Recht der Jugend und des Bildungswesens, Issue 2. p. 200-219. [Retrieved from: https://www.studentenwerke.de/sites/default/files/un_behindertenrechtskonvention_degener2.pdf].
German Institute for Human Rights (2015): Parallel Report to the UN Committee on the Rights of Persons with Disabilities. On the occasion of the examination of Germany’s first state report under Article 35 of the UN Convention on the Rights of Persons with Disabilities. Berlin: German Institute for Human Rights. [Retrieved from: http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-Dateien/Parallelberichte/Parallelbericht_an_den_UN-Fachausschuss_fuer_die_Rechte_von_Menschen_mit_Behinderungen_150311.pdf].
German Institute for Human Rights (2015a): Implementation of the UN CRPD in Germany examined by the Committee of Experts for the first time – Committee concerned about special structures. [Retrieved from: http://www.institut-fuer-menschenrechte.de/aktuell/news/meldung/article/umsetzung-der-un-brk-in-deutschland-erstmals-vom-fachausschuss-geprueft-ausschuss-ueber-sonderstru/].
Ernst von Kardorff (2013): Elimination of Discrimination against Disabled and Chronically Ill People. Berlin: Federal Anti-Discrimination Agency: Berlin [Retrieved on 18/06/2015 at: http://www.antidiskriminierungsstelle.de/SharedDocs/Downloads/DE/publikationen/Handlungsempfehlungen_Kardorff_20131129.pdf?__blob=publicationFile].
Jantzen, Wolfgang (2015): Inclusion as a paradise metaphor. Criticising an apolitical discussion and practice. [Retrieved from: http://userpages.uni-koblenz.de/~proedler/autsem/ipame.pdf].
UN Committee of Experts (2015): Concluding observations on the first state report of Germany. [Retrieved on 04/06/2015 at: http://www.institut-fuer-menschenrechte.de/fileadmin/user_upload/PDF-Dateien/UN-Dokumente/CRPD_Abschliessende_Bemerkungen_ueber_den_ersten_Staatenbericht_Deutschlands_ENTWURF.pdf].
