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The right of persons with disabilities to social protection 2015, para. 77
- Paragraph text
- States have an obligation to ensure that persons with disabilities are actively engaged in the development of social protection systems. The principle of participation is expressly recognized in article 3 (c) of the Convention on the Rights of Persons with Disabilities. Article 29 (b) of the Convention further requires States to promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, on an equal basis with others, and to encourage their participation in public affairs. Article 4, paragraph 3, requires States to consult and involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies to implement the Convention, and in other decision-making processes concerning issues relating to persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 54
- Paragraph text
- The recommendation formulated by the Committee on the Rights of Persons with Disabilities to increase the public resources available for representative organizations of persons with disabilities, including those representing children with disabilities, should be implemented to enable them to fulfil their role under the Convention on the Rights of Persons with Disabilities. States should not only economically support the establishment and strengthening of organizations of persons with disabilities, but also allow them to access foreign funding as a part of international cooperation, which CSOs are also entitled to benefit from.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 36
- Paragraph text
- Representative organizations of persons with disabilities are non-governmental membership-based organizations created with the aim of collectively acting, expressing, promoting, pursuing and/or defending a field of common interest. Led and controlled by persons with disabilities, these organizations should be recognized by the sector that they aim to represent, and may use different strategies to promote their goals, including advocacy, awareness-raising, service delivery and peer support. They can operate as individual organizations, coalitions, or umbrella organizations of persons with disabilities that seek to provide a coordinated voice of the disability movement in its interaction with public authorities. Organizations of parents of children with disabilities are key to facilitating, promoting and securing the autonomy and active participation of their children, with the will and preferences of the child always being respected and their evolving capacities always being taken into account.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 26
- Paragraph text
- The Special Rapporteur looks forward to working closely together with other special procedures mandate holders and aims, as an initial step, to contact all mandate holders with a call to harmonize efforts and build upon each other's work. Attention will be paid to the mandate's call to address multiple and aggravated forms of discrimination by working in close collaboration with other mandates focusing on groups, such as the mandate holders on the rights of indigenous peoples, violence against women, the sale of children, the human rights of migrants, minority issues and internally displaced persons, older persons and discrimination against women in law and in pPractice. She also sees important connections between her mandate and those focusing on specific economic and social rights, such as the special procedures on the rights to health, education, extreme poverty, adequate housing, water and sanitation, and to food, as well as those focusing on civil and political rights, such as the Special Rapporteur on torture, extrajudicial, summary or arbitrary executions and the Working Group on Arbitrary Detention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
Paragraph
Disability-inclusive policies 2016, para. 63
- Paragraph text
- Persons with disabilities know best which barriers they face in their own contexts and how they impact on their lives. Article 4 (3) of the Convention on the Rights of Persons with Disabilities requires States to closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations in the development and implementation of legislation and policies concerning issues relating to them. That includes any policy and programme, whether disability-specific or mainstream, that might have a direct or indirect impact on their lives. It is therefore imperative to include them fully in the development, implementation, monitoring and evaluation of all policies and programmes. The Special Rapporteur has developed a thematic study on the right of persons with disabilities to participate in decision-making that provides specific guidance on how to ensure that obligation is met ( A/HRC/31/62).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 7
- Paragraph text
- In parallel to these disability-specific developments, and guided by the Charter of the United Nations and the Universal Declaration of Human Rights, the United Nations human rights framework continued to grow with the adoption in 1966 of two international covenants - one on civil and political rights, the other on economic, social and cultural rights - and subsequent thematic human rights treaties throughout the following decades. In this context, persons with disabilities were viewed mainly from an anti-discrimination perspective, first implicitly under "any other status". In 1989, the Convention on the Rights of the Child was the first binding treaty to explicitly mention disability as a ground of discrimination. Although persons with disabilities were in theory equally protected under the core human rights treaties, however, they would remain at the margins of human rights discourse until the new millennium.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 100c
- Paragraph text
- [The Special Rapporteur offers the following recommendations to assist States in realizing the right of persons with disabilities to participate in decision-making:] Adopt legislation to require State authorities to closely consult with and actively involve persons with disabilities, including children and women with disabilities, through their representative organizations, in the development and implementation of legislation and policies that directly or indirectly concern them. States should establish formal mechanisms and remedies to challenge decisions that do not adhere to this requirement;
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 16
- Paragraph text
- Article 7 of the Convention provides that States must take measures to ensure the full enjoyment of rights by children with disabilities, consider the principle of best interests and respect their evolving capacities. The Convention requires States to ensure that boys and girls with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right (see art. 7, para. 3). The Convention thus reinforces the obligations of States to recognize and respect the evolving capacities of children with disabilities and to provide support to strengthen their capacities to enable independent decision-making. As stressed by the Committee on the Rights of the Child, the young age or the disability of a child does not deprive her or him of the right to express her or his views, nor reduces the weight given to the child’s views in determining her or his best interests.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Boys
- Children
- Girls
- Persons with disabilities
- Year
- 2017
Paragraph
Disability-inclusive policies 2016, para. 24
- Paragraph text
- Article 5 (3) of the Convention requires States to take all appropriate steps to ensure that reasonable accommodation is provided to persons with disabilities, whenever that is needed in a particular case. That means providing all the necessary and appropriate modifications and adjustments to accommodate a person's individual characteristics or differences, so as to ensure that persons with disabilities can enjoy all human rights and fundamental freedoms, including in accessing infrastructures, programmes and services, on an equal basis with others. According to article 2 of the Convention, that duty extends to persons who are associated with a person with disabilities (for example, agreeing to a flexible working hours schedule for a person who cares for a child with disabilities) and should not impose a disproportionate or undue burden on the duty-bearer, be it the State or a private entity. States must clearly establish in their legal and policy frameworks that the denial of reasonable accommodation constitutes discriminat ion on the basis of disability.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 63
- Paragraph text
- Persons with disabilities and their representative organizations must participate in all decision-making processes related to the design, implementation, monitoring and evaluation of support services and arrangements. Persons with disabilities know best what type of support they require and the barriers they face in accessing it. The Convention on the Rights of Persons with Disabilities explicitly requires States to consult closely with and actively involve persons with disabilities, including children with disabilities, in the development and implementation of legislation and policies concerning issues relating to them (art. 4 (3)). The Special Rapporteur's thematic study on the right of persons with disabilities to participate in decision-making (A/HRC/31/62) provides specific guidance in this regard.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 29
- Paragraph text
- International human rights law requires States to provide persons with disabilities access to appropriate support to carry out daily activities and participate in society. The Convention on the Rights of Persons with Disabilities - the highest international standard on promotion and protection of the rights of persons with disabilities - clearly stipulates the obligation of States to ensure access to a wide range of support services to persons with disabilities, and provides a comprehensive framework for its implementation. The Convention on the Rights of the Child also recognizes the obligation of States to ensure the assistance required by children with disabilities for achieving their fullest possible social integration and individual development (art. 23).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2017
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 23a
- Paragraph text
- [The Special Rapporteur recognizes that a very important part of the mandate is to support States in the development of their national efforts to advance the implementation of the rights of persons with disabilities. To accomplish this, the Special Rapporteur will put particular emphasis on the following activities:] Supporting law reform processes. Most legal systems in the world still contain provisions that discriminate against persons with disabilities and violate their human rights, from the denial of legal capacity or the right to vote to education laws that exclude children with disabilities from the general education system. Although efforts have been made to harmonize national legislation with the Convention on the Rights of Persons with Disabilities, much remains to be done. The Special Rapporteur aims to contribute to these processes by providing technical advice and exchanging good practices with a view to supporting and promoting legal reform that is inclusive of the rights of persons with disabilities, and by promoting the effective involvement of and consultation with persons with disabilities and their representative organizations in legislative reform.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 15
- Paragraph text
- The Convention on the Rights of Persons with Disabilities addresses participation as a cross-cutting issue. Participation is embodied in its preamble and in its purpose (art. 1), and it is recognized as a general principle (art. 3) and as a fundamental political right (art. 29). Participation is expressly mentioned in relation to the rights to independent living and being included in the community (art. 19), inclusive education (art. 24), habilitation and rehabilitation (art. 26) and participation in cultural life, recreation, leisure and sport (art. 30). The concept is also present in the article on children with disabilities (art. 7), and in the articles that prescribe prerequisites for enabling participation such as those on accessibility (art. 9) and on freedom of expression and opinion and access to information (art. 21). The Convention on the Rights of Persons with Disabilities further highlights the importance of participation in its articles on implementation and monitoring mechanisms (arts. 4, 33, 34 and 35) and on international cooperation (art. 32).
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 34
- Paragraph text
- By stating that the primary obligation of States is to closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations, the Convention on the Rights of Persons with Disabilities addresses the fundamental challenge of a lack of direct participation of persons with disabilities. Following the motto of the disability movement, "nothing about us without us", persons with disabilities are recognized as the main interlocutors when it comes to the treaty's implementation and States should always give priority to their opinions in matters affecting them. Furthermore, in line with article 12 and the general principles of the Convention, the right to participate applies to all persons with disabilities, including those who might need extensive support in order to express their positions.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
Paragraph
The right of persons with disabilities to participate in decision-making 2016, para. 63
- Paragraph text
- National legal frameworks must explicitly require that State authorities consult closely with and actively involve persons with disabilities (including women and children with disabilities) through their representative organizations, in the development and implementation of legislation and policies concerning issues relating to them. This requires prior consultations and engagement with representative organizations of persons with disabilities at all stages of public decision-making, including before the adoption of legislation, policies and programmes that affect them. This duty stretches beyond consultation and access to public decision-making spaces and moves into the areas of partnership, delegated power and citizen control.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Access to rights-based support for persons with disabilities 2017, para. 41
- Paragraph text
- The Convention challenges traditional approaches to care and has the potential to redress the legacy of disempowerment and paternalism. Furthermore, the notion of support in the Convention also has the potential to override traditional understandings of care and assistance for other groups, such as older persons and children. The Convention restores the importance of the "human being" in the human rights discourse by emphasizing the individual and social aspects of the human experience. These innovations can and should be incorporated into the implementation of all existing human rights instruments.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Older persons
- Year
- 2017
Paragraph
The right of persons with disabilities to social protection 2015, para. 11
- Paragraph text
- As a foundation for any national social protection system, these floors must ensure, at a minimum, access to essential health care (including maternity care) and to a basic level of income security for (a) children - including access to food, education, care and other necessary goods and services; (b) persons of active age who are unable to earn sufficient income, including persons with disabilities; and (c) older persons. The ILO recommendation concerning national floors of social protection, 2012 (No. 202) identifies as priority areas of attention the prevention and alleviation of poverty, vulnerability and social exclusion, and sets forth guidelines for implementing and monitoring national strategies that are participatory, country-led, sustainable and regularly reviewed. It also provides guidance to States on progressively providing higher levels of protection to as many people as possible and as soon as possible, reflecting States' economic and fiscal capacities. The recommendation also recognizes the principles of non-discrimination, gender equality and responsiveness to specific needs, and emphasizes that any initiative should support people with special needs and other potentially disadvantaged groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2015
Paragraph
17 shown of 17 entities