CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

1. INTRO: “Nothing About Us Without Us”. The motto of the disabled people’s community
was applied in a very concrete way with the development of the United Nations (UN)
Convention on the Rights of Persons with Disabilities (CRPD) between 2002 and 2006,
followed by its adoption on 13 December 2006 and was opened for signatures on 30th
March 2007. The CRPD quickly entered into force on May 3, 2008, enjoying “the highest
number of signatories in history to a UN convention on its opening day. As of October
2023, it has 164 signatories and 188 parties, 187 states and the European Union.

2. COMING UP OF THE CONVENTION:

2.1 The United Nations General Assembly adopted the 1971 Declaration on the Rights of
Mentally Retarded Persons. followed by the Declaration of the Rights of Disabled
Persons on 9 December 1975.
2.2 The decade from 1983-1992 was celebrated as the Decade of Disabled Persons. In
1987, a global meeting of experts to review progress recommended that the UN
General Assembly should draft an international convention on the elimination of
discrimination against persons with disabilities. Draft convention outlines were
proposed by Italy.
2.3 In March 2000, leaders of six international disability NGOs, along with about 20
regional and national disability organizations, adopted the "Beijing Declaration on the
Rights of Persons with Disabilities in the New Millennium," calling on all
governments to support a Convention.
2.4 In 2001, the General Assembly, established an Ad Hoc Committee on Comprehensive
and Integral International Convention on the Protection and Promotion of the Rights
and Dignity of Persons with Disabilities to consider proposals for a comprehensive
and integral convention to promote and protect the rights and dignity of persons with
disabilities, based on a holistic approach.
2.5 The Ad hoc committee in June 2003 decided to establish a working group with the
aim of preparing and drafting the convention. The committee thereby prepared the
draft and forwarded it to the UNGA for adoption.
2.6 The convention was ratified by 20 states. India ratified the convention in October
2007.

3. KEY CONCEPTS OF CRPD

3.1. ARTICLE 1 PURPOSE: To promote, protect, and ensure the full and equal
enjoyment of all human rights and fundamental freedoms by all persons with
disabilities, and to promote respect for their inherent dignity.
The convention in order to achieve the purpose has laid down a no. of rights such as
the right to life, equal recognition, freedom from torture, and freedom from
exploitation. The convention also focuses on the right to participate in political and
public life.
3.2. ARTICLE 2 DEFINITIONS: The convention has laid down different definitions.
However, it fails to define what is Disability. disability is not included in Article 2
(Definitions) and is therefore left undefined in the CRPD. However, Article 1
(Purpose) mandates what disability is to include: ‘Persons with disabilities include
those who have long-term physical, mental, intellectual or sensory impairments
 which in interaction with various barriers may hinder their full and effective
participation in society on an equal basis with others.’ This definition clearly
endorses the social model of disability. Further, the CRPD does not preclude states
from creating their own definition but the OHCHR has stated that any definition must
be based on the social model. Although the CRPD only mentions
those with long-term impairments, the OHCHR has explained that it is implicit that
states can broaden their definition of disability to include short-term impairments as
well.
3.3. Main principles enshrined in the Convention (ARTICLE 3)
(i) Admire Human dignity for all.
(ii) Provisions for an inclusive society for the disabled.
(iii) Disability should not be made a ground of discrimination in matters relating to
employment, education, etc."
(iv) Disabled should enjoy right to equality."
(v) Disabled are entitled to free access to various public and private places.
(vi) It also laid down the foundation for gender equality between the disabled.
(vii) Special steps should be taken for the security and integration of the Children
with Disabilities in the mainstream society."
3.4. Rights ensured:
- Equality before the law without discrimination (Article 5)
- Right to life, liberty, and security of the person (Articles 10 & 14)
- Equal recognition before the law and legal capacity (Article 12)
- Freedom from torture (Article 15)
- Freedom from exploitation, violence and abuse (Article 16)
- Right to respect physical and mental integrity (Article 17)
- Freedom of movement and nationality (Article 18)
- Right to live in the community (Article 19)
- Freedom of expression and opinion (Article 21)
- Respect for privacy (Article 22)
- Respect for home and the family (Article 23)
- Right to education (Article 24)
- Right to health (Article 25)
- Right to work (Article 27)
- Right to an adequate standard of living (Article 28)
- Right to participate in political and public life (Article 29)
- Right to participation in cultural life (Article 30)

Some points of key takeaways are mentioned in the CCN NOTES AT BACK ART. GIVEN
3.5. COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITY:
(ART.34) : The Committee on the Rights of Persons with Disabilities is a body of
human rights experts tasked with monitoring the implementation of the convention. It
is one of the ten treaty bodies supported by the United Nations Office of the High
Commissioner for Human Rights in Geneva.
3.5.1. COMPOSITION and TENURE: It initially consisted of 12 independent
human rights experts, with half elected for a two-year term and half elected for
four-year terms.
Thereafter members have been elected for four-year terms, with half the members elected
every two years. The members are eligible to be re-elected.
As the convention has achieved 80 ratifications, the committee was expanded to 18 members
in 2011.
The members of the Committee shall be elected by the state parties by secret ballot. Due
consideration is given to equitable geographical distribution. The members shall be of high
moral standards.
3.5.2. HOW DOES THE COMMITTEE WORK?
The Committee normally meets in Geneva and holds two sessions each year.
All States parties to the Convention must submit regular reports to the Committee:
- the first within two years of ratifying the Convention, and then every four years. The
Committee examines each report, makes findings, and provides recommendations,
known as 'concluding observations', to support the State in its efforts to implement the
Convention and promote and protect the rights of people with disabilities.
Each state party shall cooperate with the Committee and assist its members in the fulfillment
of their mandate. The committee shall establish its own rules of procedure.
The committee shall report every two years to the General Assembly and to the Eco. The
Social Council on its activities and may make suggestions and general recommendations
based upon the reports and info. Received from the state parties.
In the case of Z.H. v. Sweden, in this case, the applicant had applied for asylum in Sweden
from Afghanistan. However, the same was rejected on the grounds that such medical
treatments are to be available in Afghanistan itself. the applicant claimed that Sweden had
violated Convention rights Articles 10, 15, 12 and 13.
The Committee laid out its recommendations for Sweden which included: providing the
applicant with an effective remedy to which he would acquire compensation for legal costs
incurred in the present proceeding.
3.6. UNCRPD and India
 The constitution of India protects the rights of PWDs u/Articles 14,15 and 16.
 In Rajeev Kumar Gupta vs Union of India. In this landmark judgment, the Supreme
Court set aside Government of India instructions disallowing reservation in promotion for
persons with disabilities and held that wherever posts are identified to be suitable for
disabled persons, a 3% reservation must be given in direct recruitment as well as in
promotion. further, in Deaf Employees Welfare Association v Union of India– A writ of
mandamus was filed against the state as well as the central government to grant equal
transport allowances to all the government employees who are suffering from hearing
impairment which was already being given to the person who was blind and also some
other government employees. it was held under this case that the deaf and mute people
must be treated at par with other disabled person and must be given the same allowances
as is being given to the person who is blind and orthopedically handicapped employees of
the government.
 The Parliament enacted the Rights of Persons with Disabilities Act, 2016 with a
view to fulfilling the obligations under the UNCRPD.
 The government also launched the Sugamya Bharat Abhiyan (Accessible India
Campaign) with the objective of making government buildings more accessible to
disabled people.
 The parliament has also come up with the Mental Health Act, 2017 7 in its Preamble
states that it seeks to “provide for mental healthcare and services for persons with
mental illness and to protect, promote and fulfill the rights of such persons during
delivery of mental healthcare and services and for matters connected there with.”It
further states that this legislation seeks to align and harmonise the existing laws with
the UN Convention on the Rights of Persons With Disabilities 2006 which India
signed and ratified on 1 October 2007