“UN CONVENTION ON RIGHTS OF

PERSONS WITH DISABILITIES”

SUBMITTED TO: SUBMITTED BY:

DR. JASNEET WALIA PRIYAL SACHDEVA

UILS, PU B.COM.LL.B. (HONS)
CHD. 184/16
SECTION- D
 ACKNOWLEDGEMENT

I would like to express my heartfelt thanks to my Professor Dr. Jasneet Walia, Assistant
Professor, University Institute of Legal Studies, Panjab University, Chandigarh under
whose esteemed guidance I am able to complete this project.
I would also like to thank my parents who gave me all the support whether it is emotional
or financial at all the time. I am really grateful to them.
I would also extend my thanks to my classmates and friends who have always extended
their helping hands for my help whenever needed.

PRIYAL
184/16

2
 TABLE OF CONTENTS

SR. NO. PARTICULARS PAGE NO.

1. INTRODUCTION 4

2. HISTORY OF THE CONCEPT 5

3. ABOUT THE CONCEPT 7

4. RIGHTS UNDER CONVENTION 11

5. STATE OBLIGATIONS 15

6. MONITORING MECHANISM 18

7. IN INDIA 20

8. CONCLUSION 21

3
(I) INTRODUCTION
●
The Convention on the Rights of Persons with Disabilities
spells out clearly and unconditionally that persons with
disabilities have equal access and a right to full and effective
enjoyment of all human rights–the removal of barriers
explicitly termed as a condition for access and the enjoyment
of equality.
●
Impairment or disabilities are not specifically mentioned in the
grounds of discrimination in the International Bill of Rights.
From a strictly legal point of view the savings clause other
status at the very end of the provision affords persons with
disabilities the necessary protection from discrimination. But
obviously this notion has proven wholly inadequate, to say the
least.
●
persons with disabilities were looked on as objects of pity who
required help through charity. this aspect of objectisation is
also referred to as the ―welfare-based approach‖ to
disabilities. This reinforced specialised‘ schemes within social
welfare programs in many – mostly industrialised – countries.
It furthermore caused the creation and maintenance of
separate facilities such as special schools, sheltered
workshops, and other mechanisms of segregation.
●
The earliest efforts to decrease the invisibility of persons
with disabilities in the UN‘s human rights documents is the
1971 Declaration on the Rights of Mentally Retarded
Persons, which was followed in 1975 by the Declaration on
the Rights of Disabled Persons. It stated, inter alia, that the
term disabled person‘ means any person unable to ensure
himself or herself, wholly or partly, the necessities of a
normal individual and/or social life, as a result of
deficiency, either congenital or not, in his or her physical or
mental capabilities.
●
In 1989 the UN adopted yet another specialized human
rights treaty: the Convention on the Rights of the Child
(CRC), which includes the first stand-alone article referring
to the rights of persons here: children – explicitly with
disabilities. Also, disability was added to the potential
grounds of discrimination.
4
(II) HISTORY OF THE CONVENTION
●
In December 2001 Mexico proposed that the General
Assembly establish an Ad Hoc Committee to consider
proposals for a comprehensive and integral international
convention to protect and protect the rights and dignity of
persons with disabilities. This Ad Hoc Committee held its
first session in August of 2002, and set out the procedures
for the participation of civil society during the upcoming
negotiations. The negotiation process was to see
unprecedented levels of civil society participation.
●
The second session of the Ad Hoc Committee met in
August of 2003 and established a working group to prepare
a draft text. Twenty-seven governmental representatives
designated by regional groups, twelve representatives from
NGOs and one representative of National Human Rights
Institutions comprised the working group. In January 2004
the working group met and produced a working draft of the
convention text, taking into account the numerous draft
texts submitted by States and others.
●
In May/June of 2004 the third session of the Ad Hoc Committee
conducted a first reading of the working group draft. The Ad Hoc
Committee discussed whether it should meet in closed session in
the future or in the presence of civil society organizations and
national human rights institutions. Work continued in
August/September of 2004 with the fourth session of the Ad Hoc
Committee when it completed the first reading of the draft text and
began the second reading. The participation of civil society
organizations and national human rights institutions in the sessions
of the Committee was confirmed although their right to intervene
was limited.
●
The fifth session of the Ad Hoc Committee occurred in
January/February of 2005 during which informal consultations on
specific draft articles were held. Civil society organizations,
national human rights institutions and inter-governmental
organizations were allowed to attend the informal consultations
although only States had a right to intervene. The second reading
of the draft text of the convention was completed during the sixth
session of the Ad Hoc Committee in August 2005. The Chairperson
prepared a revised text, reflecting debate at the third, fourth and
fifth sessions for presentation at the seventh session of the
Committee. This reading of the Chairperson‘s text was completed
at the seventh session of the Ad Hoc Committee in January 2006.
5
●
Mexico led informal consultations on the issues of ●
On 30 March 2007 the Convention and Optional Protocol
international monitoring from May to August 2006. In opened for signature at UN Headquarters in New York,
August, the eighth session of the Ad Hoc Committee with a record number of 82 opening signatories. States or
finalized negotiations on the draft Convention and a regional integration organizations may now sign the
separate Optional Protocol and adopted the texts ad interim Convention and Optional Protocol at any time at UN
subject to a technical review being undertaken by a drafting Headquarters in New York. The Convention entered into
committee consisting of State representatives. Work force on 8 May 2008.
continued from September through November 2006 when
Liechtenstein convened the drafting group which undertook ●
Currently, the Conference of States Parties meets annualy
a technical review to ensure uniformity of terminology and elects members of the Committee on the Rights of
throughout the text and to harmonize the versions in the six Persons with Disabilities.
official languages of the UN. On 13 December 2006 the
resumed eighth session of the Ad Hoc Committee adopted
the final draft of the Convention and its Optional Protocol
with the technical amendments suggested by the drafting
committee. The UN General Assembly adopted by
consensus the Convention on the Rights of Persons with
Disabilities and its Optional Protocol. The negotiation
process represented the quickest negotiation of a
Convention in United Nations history, with unprecedented
levels of participation of civil society organizations.

6
(III) ABOUT THE CONCEPT
●
A disability is defined as a condition or function judged to
be significantly impaired relative to the usual standard of
an individual or group. The term is used to refer to
individual functioning, including physical impairment,
sensory impairment, cognitive impairment, intellectual
impairment mental illness, and various types of chronic
disease. Disabilities can affect people in different ways,
even when one person has the same type of disability as
another person. Some disabilities may be hidden, known
as invisible disability. There are many types of disabilities,
such as those that affect a person's: Vision, Hearing,
Thinking, Learning, Movement, Mental health,
Remembering, Communicating, Social relationships.
●
Categories of disability types include various physical and mental
impairments that can hamper or reduce a person's ability to carry
out his day to day activities. These impairments can be termed
as disability of the person to do his or her day to day activities.
Disability can be broken down into a number of broad sub-
categories, which include the following 7 main types of disability:
●
Mobility and Physical Impairments
●
Spinal Cord Disability
●
Head Injuries (TBI) - Brain Disability
●
Vision Disability

●
Hearing Disability

●
Cognitive or Learning Disabilities

●
Psychological Disorders

7
●
1. Mobility and Physical Impairments: This category of
disability includes people with varying types of physical
disabilities including: 1.Upper limb(s) disability 2.Lower
limb(s) disability 3.Manual dexterity 4.Disability in co-
ordination with different organs of the body Disability in
mobility can be either an in-born or acquired with age
problem. It could also be the effect of a disease. People
who have a broken bone also fall into this category of
disability.
●
2. Spinal Cord Disability: Spinal cord injury (SCI) can
sometimes lead to lifelong disabilities. This kind of injury
mostly occurs due to severe accidents. The injury can be
either complete or incomplete. In an incomplete injury, the
messages conveyed by the spinal cord is not completely
lost. Whereas a complete injury results in a total dis-
functioning of the sensory organs. In some cases spinal
cord disability can be a birth defect.
●
3. Head Injuries - Brain Disability: A disability in the brain
occurs due to a brain injury. The magnitude of the brain
injury can range from mild, moderate and severe. There
are two types of brain injuries: Acquired Brain Injury (ABI),
Traumatic Brain Injury (TBI) ABI is not a hereditary type
defect but is the degeneration that occurs after birth. The
causes of such cases of injury are many and are mainly
because of external forces applied to the body parts.
Acquired brain injury (ABI) refers to any type of brain
damage that occurs after birth. The injury may occur
because of infection, disease, lack of oxygen or a trauma
to the head. Around 160,000 Australians have some form
of acquired brain injury, with more men affected than
women. The long term effects are different for each person
and can range from mild to profound. It is common for
many people with ABI to experience: increased fatigue
(mental and physical) some slowing down in the speed
with which they process information, plan and solve
problems changes to their behaviour and personality,
physical and sensory abilities, or thinking and learning may
also have difficulty in areas such as memory, concentration
and communication. A person with an Acquired Brain Injury
does not have an intellectual disability and does not have
a mental illness. TBI results in emotional dysfunctioning
and behavioral disturbance.
8
●
4. Vision Disability: There are hundreds of thousands of
people that have minor to various serious vision disability
or impairments. These injuries can also result into some
serious problems or diseases like blindness and ocular
trauma, to name a few.Some of the common vision
impairment includes scratched cornea, scratches on the
sclera, diabetes related eye conditions, dry eyes and
corneal graft.
●
5. Hearing Disability: Hearing disabilities includes people
that are completely or partially deaf, (Deaf is the politically
correct term for a person with hearing impairment). People
who are partially deaf can often use hearing aids to assist
their hearing. Deafness can be evident at birth or occur
later in life from several biologic causes, for example
Meningitis can damage the auditory nerve or the cochlea.
Deaf people use sign language as a means of
communication. Hundreds of sign languages are in use
around the world. In linguistic terms, sign languages are as
rich and complex as any oral language, despite the
common misconception that they are not "real languages".
●
6. Cognitive or Learning Disabilities: Cognitive Disabilities
are kind of impairment present in people who are suffering from
dyslexia and various other learning difficulties and includes
speech disorders. Learning Disabilities (Dyslexia) Affect
person‘s ability to acquire, process, and/or use either, spoken,
read, written or nonverbal information(organization/planning,
functional literacy skills, memory, reasoning, problem solving,
perceptual skills) or in other words in short - difficulty with
language in its various uses ( not always reading).
●
Dyspraxia - The inability to motor plan, to make an appropriate
body response.
●
Dysgraphia - Difficulty with the act of writing both in the
technical as well as the expressive sense. There may also be
difficulty with spelling.
●
Dyscalculia - Difficulty with calculations.
●
Attention Deficit and Hyperactivity Disorder(ADHD) -
Hyperactivity, distractibility and impulsivity
9
●
7.Psychological Disorders and Mental Health Disability: Mental
health disabilities can take many forms, just as physical disabilities
do. Unlike many physical illnesses though, all mental illnesses can be
treated. They are generally classified into six categories:
Schizophrenia – The most serious mental illness, schizophrenia
affects about 1% of Canadians. Mood Disorders (Depression and
Manic Depression) – These illnesses affect about 10% of the
population. Depression is the most common mood disorder.Anxiety
Disorders – These affect about 12% of Canadians. They include
phobias and panic disorder as well as obsessive-compulsive disorder.
Eating Disorders – They include anorexia nervosa and bulimia and
are most common in men and women under the age of 30.
Personality Disorders – There are many different personality
disorders. People with these disorders usually have a hard time
getting along with other people. They are the most difficult disorders
to treat. Organic Brain Disorders – These disorders affect about 1%
of people. They are the result of physical disease or injury to the brain
(i.e., Alzheimer‘s, Stroke, Dementia). Intellectual or Learning
Disabilities: People with an intellectual, learning, or cognitive disability
have a reduced capacity to learn tasks or process information. A
learning disability may make it difficult for a person to take in
information and communicate what they know. Learning difficulties
can cause difficulties in reading, writing, or mathematics. Learning
disabilities and Attention Deficit Disorder together affect between 3%
and 10% of the population. As students, people with these disabilities
are often intelligent, creative, and productive.

10
(IV) RIGHTS UNDER CONVENTION
●
The rights mentioned in the conventioned can be read under the LEGAL RIGHTS: Article 12 and 13 - Right to Equal
following heads: recognition before the law and Access to justice.
●
Legal Rights ●
States Parties reaffirm that persons with disabilities have
the right to recognition everywhere as persons before the
●
Civil Rights law. States Parties shall recognize that persons with
disabilities enjoy legal capacity on an equal basis with
●
Social Rights others in all aspects of life & that persons with disabilities
have the right to access to justice.
●
Economic Rights

●
Political Rights

●
Cultural Rights

11
 CIVIL RIGHTS:
●
Article 5 Right to Equality and non-discrimination: States
Parties recognize that all persons are equal before and under
the law and are entitled without any discrimination to the
equal protection and equal benefit of the law.
●
Article 10 Right to right to life: States Parties reaffirm that
every human being has the inherent right to life and shall take
all necessary measures to ensure its effective enjoyment by
persons with disabilities on an equal basis with others.
●
Article 14 Right to Liberty and security of person: That
persons with disabilities have right to Enjoy the right to liberty
and security of person.
●
Article 15 Right to Freedom from torture or cruel, inhuman or
degrading treatment or punishment: No one shall be
subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be
subjected without his or her free consent to medical or
scientific experimentation.
●
Article 16 Right to Freedom from exploitation, violence and
abuse: every person with disability has right to Freedom from
exploitation, violence and abuse
●
Article 17 Right to Protecting the integrity of the person: Every
person with disabilities has a right to respect for his or her
physical and mental integrity on an equal basis with others.
●
Article 18 Right to Liberty of movement and nationality: Every
persons with disabilities has rights of to liberty of movement,
to freedom to choose their residence and to a nationality, on
an equal basis with others, including: right to acquire and
change a nationality and not deprived of their nationality
arbitrarily or on the basis of disability; to obtain, possess and
utilize documentation of their nationality or other
documentation of identification, or to utilize relevant
processes such as immigration proceedings, that may be
needed to facilitate exercise of the right to liberty of
movement; Are free to leave any country, including their own;
Are not deprived, arbitrarily or on the basis of disability, of the
right to enter their own country. Children with disabilities shall
be registered immediately after birth and shall have the right
from birth to a name, the right to acquire a nationality and, as
far as possible, the right to know and be cared for by their
parents.
●
Article 21 Right to Freedom of expression and opinion, and
access to information: Every person with disability has right to
freedom of expression and opinion, including the freedom to
seek, receive and impart information and ideas
12

SOCIAL RIGHTS:
●
Article 9 right to Accessibility: Every person with disability has
right live independently and participate fully in all aspects.
●
Article 19 Right to Living independently and being included in
the community: all persons with disabilities have right to live in
the community, with choices equal to others, right to choose
their place of residence and where and with whom they live and
are not obliged to live in a particular living arrangement; to have
access to a range of in-home, residential and other community
support services, including personal assistance necessary to
support living and inclusion in the community, and to prevent
isolation or segregation from the community; Community
services and facilities for the general population responsive to
their needs.
●
Article 20 Right to Personal mobility: person with disabilities
have right to mobility
●
Article 24 Right to Education: States Parties recognize the right
of persons with disabilities to education, without discrimination
and on the basis of equal opportunity, access an inclusive,
quality and free primary education and secondary education on
an equal basis with others in the communities in which they
live.
●
Article 23 Right to Respect for home and the family: The
right of all persons with disabilities who are of marriageable
age to marry and to found a family on the basis of free and
full consent of the intending spouses is recognized; The
rights to decide freely and responsibly on the number and
spacing of their children and to have access to age-
appropriate information, reproductive and family planning
education are recognized, and the means necessary to
enable them to exercise these rights are provided; Persons
with disabilities, including children, retain their fertility on an
equal basis with others.
●
Article 25 Right to Health: Persons with disabilities have the
right to the enjoyment of the highest attainable standard of
health without discrimination on the basis of disability.
●
Article 26 Right to Habilitation and rehabilitation: Persons
with disabilities have the right to Habilitation and
rehabilitation services.
●
Article 28 Right to Adequate standard of living and social
protectio: States Parties recognize the right of persons with
disabilities to an adequate standard of living for themselves
and their families, including adequate food, clothing and
housing, and to the continuous improvement of living
conditions & right to social protection and to the enjoyment of
that right without discrimination on the basis of disability
13
 ECONOMIC RIGHTS:
●
Article 27 Right to Work and employment: persons with
disabilities have right to work, this includes the right to the
opportunity to gain a living by work freely chosen or
accepted in a labour market and work environment that is
open, inclusive and accessible to persons with disabilities.
POLITICAL RIGHTS:
●
Article 29 Participation in political and public life: States
Parties shall guarantee to persons with disabilities political
rights and the opportunity to enjoy them on an equal basis
with others, vote and be elected.
CULTURAL RIGHTS:
●
Article 30 Participation in cultural life, recreation, leisure
and sport: right of persons with disabilities to take part on
an equal basis with others in cultural life, Right to
recreational activities, Enjoy access to cultural materials in
accessible formats; Enjoy access to television
programmes, films, theatre and other cultural activities, in
accessible formats; Enjoy access to places for cultural
performances or services, such as theatres, museums,
cinemas, libraries and tourism services enjoy access to
monuments and sites of national cultural importance.
14
(V) STATE OBLIGATIONS
●
The Convention on the Rights of Persons with Disabilities provides for the
establishment of national mechanisms and institutions for the
implementation and monitoring of the Convention.National implementation
is set out in Article 33 of the Convention.These are:
●
A. FOCAL POINTS- Article 33 paragraph 1 introduces domestic
implementation through the designation of a focal point or focal points
within the Government. The Convention does not specify who could act as
focal point (a ministry, a department in a ministry, a single person and so
on). At the very least, having a focal point means that the Convention
should not remain only in the ministry of foreign affairs, as an international
issue, but should have a dedicated entity focused on national
implementation. State parties to the Convention have different forms of
government and are organized differently; the Article relating to focal
points is flexible and therefore adaptable. For the effective implementation
of the Convention, it might be advisable to appoint focal points in each or
most governmental departments/ministries as well as designate one
overall focal point within the Government responsible for implementation.
Besides functional focal points in the ministries concerned, the State
might establish focal points at different levels of government, e.g., local,
regional and national/federal. The Convention‘s shift in approach to
disability, away from a medical and charity approach to one based on
human rights, needs to be reflected in the choice of focal point. The
Ministry of health should not be designated as the government focal point,
because that would reinforce the understanding of disability as a medical
condition.Similarly, placing the focal point within the ministries of welfare
or labour as is the practice in the majority of State parties may also need
to be reviewed to ensure that a human rights approach is adopted.
●
B. COORDINATION MECHANISM- The same paragraph requires
States to give due consideration to the establishment or designation
of a coordination mechanism within the Government to facilitate
action related to the implementation of the Convention. Traditionally,
disability issues have been dealt with by one ministry, such as the
ministry of health or of social affairs. The risk has been that the
education of children with disabilities was sometimes dealt with by
the Ministry of social affairs rather than that of Education.Such an
arrangement tends to exacerbate exclusion and promote
segregation. The Convention spans all rights and, therefore, a
range of ministries should have responsibilities such as the ministry
of the interior, of justice, of education, of labour and so on. A
Coordination Mechanism can help ensure that the Convention does
not remain stuck in one ministry but that responsibilities are shared.
A coordination mechanism could, for example, take the shape of an
interministerial group, i.e., representatives from the ministries
concerned tasked with coordinating the Convention‘s
implementation across departments/sectors or levels of
Government. Given the breadth of the Convention, all ministries will
have some responsibilities for implementing parts of it.Some
coordinating mechanisms include representatives of various
ministries as well as of organizations of persons with disabilities,
other civil society organizations, the private sector and trade unions.
Their mandate often focuses on policy development, the promotion
of dialogue on disability, awareness- raising and similar functions.
15
●
C. INDEPENDENT IMPLEMENTATION AND
MONITORING MECHANISM- Article 33 paragraph 2
focuses on establishing a structure to oversee the
implementation of the Convention. It requires States to
maintain, strengthen, designate or establish one or more
independent mechanisms to promote, protect and monitor
implementation of the Convention. Importantly, in setting
up such mechanisms, States have to take into account
―the principles relating to the status and functioning of
national institutions for protection and promotion of human
rights‖, otherwise known as the Paris Principles. The
explicit link in Article 33 (2) between the framework and the
Paris Principles suggests a preference for attributing the
monitoring function to a national human rights institution.
Such attribution would certainly comply with the
Convention. Nowadays, over 100 national human rights
institutions have been established worldwide. They may be
called human rights commissions, ombudsmen or
institutes.
●
D.CIVIL SOCIETY- Article 33 principle 3 stipulates that persons
with disabilities and thei representative organizations, should
participate fully in all aspects of this monitoring process, just as
they are to be involved in the development and implementation
of policies, programmes and legislation to implement the
Convention, in line with Article 4. At the very least, this means
that national structures established under Article 33 should
endeavour to involve and ensure the participation of persons
with disabilities and their representative organizations. This
reference to civil society raises at least two issues:
(a) Civil society, in particular persons with disabilities and their
representative organizations, should be involved in the
monitoring process undertaken by the independent monitoring
mechanism established under Article 33 (and ideally also in the
work of focal points and coordination mechanisms);
(b) Civil society itself has a role to play in monitoring the
Convention, independently of the other mechanisms
established under Article 33
16
●
E. PARLIAMENTS- In addition to the specific monitoring
arrangement set up by the Convention, parliament, through
its oversight function, plays a key role in ensuring respect for
the human rights of persons with disabilities.

●
F. NATIONAL COURTS AND TRIBUNALS- National courts
can also play an important role in the implementation and
monitoring of the Convention. While persons with disabilities
claiming a violation of their rights should be able to access
national human rights institutions and other mechanisms
under Article 33, they should also have the opportunity to
seek a legally enforceable remedy through courts. Cases
that come before national judges provide a means of testing
the application of the Convention in national circumstances.
Judgements can help to clarify what global standards mean
in the national context.Not only does a court case provide a
remedy for the complainant, a court case can often provide
the trigger for law reform as well as clarity on the law. 20 In
addition, a case supporting disability rights can help to raise
awareness on the rights of persons with disabilities and the
Convention.

17
(VI) MONITORING MECHANISM
1. Statistics and data collection
●
Responding to the historical lack of data available regarding
persons with disabilities, Article 31 addresses the need to collect
data and statistics not only to monitor implementation of the
CRPD, but to facilitate its implementation by supporting the
formulation of policies to give effect to CRPD obligations. States
Parties undertake to collect appropriate information, including
statistical and research data, to enable them to formulate and
implement policies to give effect to the present Convention. The
process of collecting and maintaining this information shall
Comply with legally established safeguards, including legislation
on data protection, to ensure confidentiality and respect for the
privacy of persons with disabilities 28 and Comply with
internationally accepted norms to protect human rights and
fundamental freedoms and ethical principles in the collection and
use of statistics.
●
This information collected in accordance with this article shall be
disaggregated, as appropriate, and used to help assess the
implementation of obligations under the present Convention and
to identify and address the barriers faced by persons with
disabilities in exercising their rights. Also States Parties shall
assume responsibility for the dissemination of these statistics and
ensure their accessibility to persons with disabilities and others
2. International cooperation
●
Article 32 enshrines the concept of inclusive development: persons with
disabilities are to be included in all phases of development programs:
planning, design, implementation, evaluation, etc. Such programmes
have to be rights-based and therefore also accessible. States Parties
recognize the importance of international cooperation and its promotion,
in support of national efforts for the realization of the purpose and
objectives of the present Convention, and will undertake appropriate and
effective measures in this regard.
3. National implementation and monitoring
●
States Parties, in accordance with their system of organization, shall
designate one or more focal points within government for matters
relating to the implementation of the present Convention, and shall give
due consideration to the establishment or designation of a coordination
mechanism within government to facilitate related action in different
sectors and at different levels. States Parties shall, in accordance with
their legal and administrative systems, maintain, strengthen, designate
or establish within the State Party, a framework, including one or more
independent mechanisms, as appropriate, to promote, protect and
monitor implementation of the present Convention. When designating or
establishing such a mechanism, States Parties shall take into account
the principles relating to the status and functioning of national institutions
for protection and promotion of human rights
18
 4. Committee on the Rights of Persons with Disabilities
●
There shall be established a Committee on the Rights of
Persons with Disabilities, which shall carry out the functions
hereinafter provided. The Committee shall consist, at the time
of entry into force of the present Convention, of twelve
experts. After an additional sixty ratifications or accessions to
the Convention, the membership of the Committee shall
increase by six members, attaining a maximum number of
eighteen members.
5. Reports by States Parties
●
Each State Party shall submit to the Committee, through the
Secretary-general of the United Nations, a comprehensive
report on measures taken to give effect to its obligations
under the present Convention and on the progress made in
that regard, within two years after the entry into force of the
present Convention for the State Party concerned. Thereafter,
States Parties shall submit subsequent reports at least every
four years and further whenever the Committee so requests.
6. Consideration of reports
●
Each report shall be considered by the Committee, which shall make
such suggestions and general recommendations on the report as it may
consider appropriate and shall forward these to the State Party
concerned. The State Party may respond with any information it chooses
to the Committee. The Committee may request further information from
States Parties relevant to the implementation of the present Convention.
7. Cooperation between States Parties and the Committee
●
Each State Party shall cooperate with the Committee and assist its
members in the fulfillment of their mandate.
8. Relationship of the Committee with other bodies
●
In order to foster the effective implementation of the present Convention
and to encourage international cooperation in the field covered by the
present Convention article 38 provides the specialized agencies and
other United Nations organs which shall be entitled to be represented at
the consideration of the implementation of such provisions of the present
Convention as fall within the scope of their mandate. The Committee
may invite the specialized agencies and other competent bodies as it
may consider appropriate to provide expert advice on the
implementation of the Convention in areas falling within the scope of
their respective mandates.
19
(VII) IN INDIA
●
The Rights of Persons with Disabilities Act, 2016 is the
disability legislation passed by the Indian Parliament to fulfill
its obligation to the United Nations Convention on the Rights
of Persons with Disabilities, which India ratified in 2007. The
Convention on the Rights of Persons with Disabilities is an
international human rights treaty of the United Nations
intended to protect the rights and dignity of people with
disabilities. Parties to the Convention are required to
promote, protect, and ensure the full enjoyment of human
rights by people with disabilities and ensure that they enjoy
full equality under the law. The Convention was the first
human rights treaty of the twenty-first century.
●
The Rights of Persons with Disabilities Act replaces the
existing Persons with Disabilities (Equal Opportunity
Protection of Rights and Full Participation) Act, 1995. The
Rights of Persons with Disabilities Bill, 2014 was introduced
into the Parliament on 7 February 2014 and passed by the
LokSabha on 14 December 2016. The Bill was passed by
the RajyaSabha on 16 February 2016 and received the
President's assent on 27 December 2016. The Act became
operational on 19 April 2017. The Central Government rules
2017 have been notified under Section 100 of the Act and
have come into force with effect from 15 June 2017.
●
Nipun Malhotra vs. Govt. of NCT OF Delhi (W.P.(C) 9643/2017)
The Supreme Court directed that the responsibility to ensure
that the buses are accessible to the disabled and are not
restricted to State Transport, but extend to private buses as
well.
●
Court On Its Own Motion vs Union Of India (W.P.(C)
5666/2017)
A visually impaired student who had a reserved ticket to travel
to Delhi for appearing in the entrance examination for the
M.Phil (Sanskrit) Course for the academic year 2017, which
was conducted by the University of Delhi on 5th July, 2017,
was prevented from boarding the coach reserved for the
disabled in the Gorakhdham Express train operated by the
North-Eastern Railways at the Unnao Railway Station despite
his best efforts. It was directed that within 10 days, the
University of Delhi shall conduct an entrance examination for
the respondent no.4 for admission to the M.Phil (Sanskrit)
2017-18 session forthwith and declare his result. In case, the
respondent no.4 qualifies the said exam and is placed
appropriately in the merit list, he shall be granted admission to
the said course. The respondent no.4 shall be given such
assistance, as permissible under the applicable rules, for
undertaking the examination
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(VIII) CONCLUSION
●
CRPD is still in its early stages of realisation & it is quickly
gaining acceptance (at least formally) as the legal standard in
the disability are all over the world. Unlike many UN
regulations, the CRPD is legally binding. It is also argued that
the CRPD does not create new rights but clarifies the
application of the existing human rights provisions in the
context of disability.

●
The CRPD is praised as representing a paradigm shift. Such
a shift is concerned with nothing less than a transformation of
the very understanding of disabled people‘s way of being. In
other words, it has profound existential-ontological
consequences. The UN website states that the document:
takes to a new height the movement from viewing persons
with disabilities as object of charity, medical treatment and
social protection towards viewing persons with disabilities as
subjects‖ with rights, who are capable of claiming those rights
and making decisions for their lives based on their free and
informed consent as well as being active members of society.

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BIBLIOGRAPHY
●
https://www.un.org/development/desa/disabilities/conventi
on-on-the-rights-of-persons-with-disabilities.html

●
https://www.equalityhumanrights.com/en/our-human-rights-
work/monitoring-and-promoting-un-treaties/un-convention-r
ights-persons-disabilities

●
https://www.ohchr.org/documents/publications/advocacyto
ol_en.pdf

●
https://www.physio-pedia.com/Convention_on_the_Rights
_of_Persons_with_Disabilities

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