Robinson, Sally --- "Towards a Comprehensive and Integral International Convention to Promote and Protect the Rights of Persons with Disabilities" [2003] HRightsDef 8; (2003) 12(2) Human Rights Defender 18

Towards a Comprehensive and Integral International Convention to Promote and Protect the Rights of Persons with Disability

Sally Robinson

Sally Robinson is a Senior Research Officer at the Disability Studies and Research Institute (DSaRI)

Legislation and conventions alone cannot improve our societies or guarantee human rights in practice; but it can provide a vital framework and structure to set us in the right direction. Laws are a vital component in broader mechanisms to redress the systemic inequalities and unfair discrimination that remain deeply embedded in social structures, practices, attitudes and environments.

(from a speech by Dr Essop Pahad, Minister from the Presidency, Republic of South Africa, delivered at the conference 21/2/03)

On 21 February 2003 a broad range of disability activists, academics, lawyers and government representatives participated in a daylong conference which focused on the development of an international convention on the protection and promotion of the human rights of people with disability. The conference, held by the Disability Studies and Research Institute (DSaRI), signalled the beginning of the debate in Australia, and sought to caucus the legal, social and philosophical questions concerning both the development and implementation of a new convention.

The organisers commissioned papers and discussant responses from leading academics in sociology and social policy, international law and disability studies to canvass a broad range of issues including political and philosophical issues in disability and human rights, the UN human rights convention system and Australia’s role in it, as well as content and process issues relevant to the development of a convention.

The need for a convention

Mr Bengt Lindqvist, the United Nations Special Rapporteur on Disability, has identified three reasons why a Convention is important:

•	the existing six core Human Rights treaties were drafted without regard for disability;
•	it would give "status, authority and visibility" to disability as a human rights issue;
•	it would be a strong international monitoring mechanism.

Three attempts have been made to bring about an International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disability. The first two were unsuccessful. The latest was sponsored by the President of Mexico, Vicente Fox, who moved at the 56th session of the UN General Assembly that a special committee consider proposals. There is widespread agreement in the international disability community that a Convention is highly desirable. A UN Convention would attempt to encompass universal values and provide the basis for moving policy and legislative changes at a domestic level.

The first meeting of this Ad Hoc Committee took place in July and August 2002 in New York. The Australian delegation of government officials (Australian disability NGO delegates did not attend nor were they invited by the Australian Government to participate) emphasised that states should ensure that deliberations on the convention “are measured and considered” and that proposals “draw upon existing instruments to prevent duplication”. Australia is supportive of the work done by the UN High Commissioner for Human Rights, but noted that the convention development process would require “extensive consultations” between governments and stakeholders, including people with disability. Interestingly, in reaching this position the Australian Government neglected to consult with any Australian NGOs from the disability community. At the time of writing, a limited consultation process is taking place through the Commonwealth Departments of the Attorney General and Family and Community Services. This process is limited to the delivery of written submissions on specified questions by invited non-Government agencies.

Key conference contributions

A series of insightful and thought provoking papers were presented by academics who are experts in areas of human rights, law and disability issues. Similarly qualified discussants provided comment on each of the papers, leading into discussion with participants and the development of a range of strategies for future action. Each of the presenters and discussants papers can be found reproduced in full on the DSaRI website at www.dsari.org.au .

Professor Lenore Manderson’s paper raises political and philosophical issues which arise in a consideration of disability and human rights. Her central contention is that “statements of rights place upon us the responsibility to create specific instruments and institutions to protect such rights. These statements are more than a vehicle for politicking; they are an important step to ensure justice for all when ‘natural’ justice appears not to be natural at all.”

The paper presented by Professor Hilary Charlesworth considers the world order and Australia’s position. She provides a cogent picture of current human rights instruments and discusses some of the strengths and problems with the international human rights system. She goes on to offer some lessons for a disability convention which take account of the limitations and the opportunities which are offered within the current international human rights instruments.

Helen Meekosha’s paper paints a clear picture of the history of the UN convention on the human rights of people with disability currently under consideration. She identifies a range of actions required in order to progress the proposal to the status of a ratified convention.

Following the presentation of papers, conference participants gave thought to a series of questions which aimed to develop some strategies for future action in engagement with the convention process. Participant responses covered a wide range of areas, going to issues including the substantive provisions of the convention, complaint mechanisms, enforcement and monitoring, and participation by people with disability.

Where to from here?

As pointed out by many of the conference speakers, there is a chasm between the lived experience of many people who have disability and the studied language and formal processes of a UN convention. It is difficult to really get inside the lives of people and use this knowledge to inform the development of an international instrument which will truly protect and promote their human rights.

However, the clear messages that came from the conference were the importance of a strong NGO presence in the developmental phase of the convention, and a cynical suspicion that the Australian government have less than a full commitment to the development and implementation of an international convention which both protects and promotes the human rights of people with disability.

The DSaRI undertakes research into and education about disability issues from a social perspective and promotes public debate associated with the social dimensions of disability. The Institute involves stakeholders from universities, organisations of people with disability, the research community, policy and service delivery bodies, industry and the wider community. It aims for a wider understanding and debate about the social processes that disable people.

DSaRI can be contacted on [phone] or through their website: www.dsari.org.au