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UN Adopts Convention on the Protection and Promotion of the Rights of Persons with Disabilities: Report by Allan McChesney

On December 13, 2006 the UN General Assembly adopted by consensus the Convention on the Protection and Promotion of the Rights of Persons with Disabilities . This resulted from cooperation among states, the UN and organizations of persons with disabilities. The treaty will come into force after the requisite minimum of 20 States has ratified it, which is expected to happen swiftly.

The Convention prohibits discrimination in education, employment, health, access to information and public services and facilities. The treaty outlines steps to make the rights of persons with disabilities a reality. It recognizes the special needs of children with disabilities and has a focus on women with disabilities. The Convention establishes a committee of experts that includes persons with disabilities. The Committee on the Rights of Persons with Disabilities will monitor implementation of the Convention.   The Convention provides that States Parties should enact laws and other measures to improve disability rights, and abolish legislation, customs and practices that discriminate against persons with disabilities.   The General Assembly also adopted an Optional Protocol that would allow States to recognize the competence of the Committee on the Rights of Persons with Disabilities to consider communications from or on behalf of individuals or groups of individuals who claim to be victims of violations of the Convention.  

Canada has been one of the leaders in the relatively rapid (about five years) treaty-making process. Although Canada 's official positions have not always been consistent with those recommended by civil society, Canada did consult meaningfully with the NGO community and included NGO representation on its delegations at the UN.

Over the past three years, as a representative of ICJ Canada, I gave advice to networks and Roundtables of disability groups in Canada who provided active input to the treaty-making work. This advisory role included explanations of international human rights laws and procedures and of Canada 's federal-provincial processes for accepting and implementing human rights treaties. I also made occasional suggestions for possible revisions of portions of the draft treaty.

Allan McChesney,
External Affairs Representative of ICJ Canada