Recent weeks have seen a fair amount of activity related to the Convention on the Rights of Persons with Disabilities (CRPD) – a number of the key milestones and events are outlined here.

The United Nations convened the 4th session of the Conference of States Parties (COSP) to the CRPD. Unlike other treaties, the COSP meets every year. There were over 600 participants in this year’s “Enabling Development, Realizing the Convention on the Rights of Persons with Disabilities through Participation, Employment and International Cooperation” themed COSP session. Attendees represented governments, UN agency family members, the international disability community, and members of civil society.

During the three-day session, the COSP focused on a number of formal and informational interventions. Focused on inclusive development, the first roundtable session allowed for a discussion of how to realize the CRPD through international cooperation. During the discussion, Article 32 of the CRPD and the role of international cooperation were reaffirmed, and new modalities for providing aid to meet the needs of mainstream disability in development were addressed.

The second roundtable discussion focused on ensuring effective and full participation of individuals with disabilities in public and private life, as addressed in Article 29 of the CRPD. This session focused on identifying the progress made to date and barriers to political and public participation that still exist. Strategic recommendations were made to ensure the realization of disability-inclusive and accessible political progress. One of the primary concerns addressed was a lack of physical accessibility, which continues to be a major barrier to the full and effective inclusion of individuals with disabilities in public and political life. In order for the CRPD to be fully implemented, participants noted, individuals with all types of disabilities, including those with psycho-social or cognitive disabilities, must not be deprived of access to the political process.

In addition to the formal roundtable discussions, an informal session was held to discuss individuals’ with disabilities right to employment. Participants noted that individuals with disabilities are twice as likely to be unemployed than their peers without disabilities. The importance of comprehensive reforms, including development strategies to ensure accessible labor markets, the need for a firm policy framework against discrimination, and the importance of enforcing accessibility and education were all discussed.

The United Nations system also provided a presentation on their implementation of the CRPD, and outlined how UN programs had been used to ensure its implementation in countries and regions worldwide. The role of the UN organizations in fostering collaboration among governments, UN entities, and civil society to further the promotion of the CRPD was highlighted.

The 6th session of the Committee on the Rights of Persons with Disabilities, held between September 19 ad 23, followed the COSP. The opening session of the Committee meeting was led by Chairman Ronald McCallum, who provided and update on the number of countries who had submitted initial reports during 2011. Since the Committee meeting held in April, 16 reports had been received by the Secretariat, including Mexico, Korea, Belgium, and Ecuador.

The Chairman went on to address the Committee’s need to increase the number of reports. Mr. McCallum suggested an examination of collaboration across treaty bodies, particularly the Human Rights Council. Further, he stressed that the Committee had emerged as a group whose central purpose was to conduct constructive dialogues with States parties, and to work alongside national human rights agencies and civil society. To date, Spain’s report is the second of the 16 submitted to be considered, and a list of issues related to the reports of Peru and China have been adopted.

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Over the coming weeks, the United Nations will host a series of meetings focusing on the Convention on the Rights of Persons with Disabilities (CRPD). The fourth session of the Conference of State Parties (COSP) will be held at the United Nations Head Quarters in New York from September 7 – 9. The COSP is an annual meeting at which the countries participate to discuss the implementation of the CRPD.

Since the CRPD entered into international law, there have been three COSP meetings. In 2008 at the first meeting the Committee on the Rights of Persons with Disabilities was elected. In 2009 and 2010, COSP meetings focused on Accessibility and Reasonable Accommodation, and Inclusion. The theme for the fourth session is “Enabling Development, Realizing the Convention on the Rights of Persons with Disabilities”. At the upcoming session a number of roundtable discussions will be held focusing on the role of International Cooperation in realizing the Convention, Political and Civil Participation, and Work and Employment.

In advance of the COSP meeting, a report from the UN Secretary General to the 66th session of the General Assembly has been published. The report notes that currently 102 nations have ratified the Convention, and among these are 26 countries from the African region, 23 countries from the Asian region, 15 from the Eastern European Group, 22 from the Latin American and Caribbean group, and 15 from the Western European Group. The report also provides an overview of the progress made on implementing the Convention on a number of fronts, at the country level, regional level, and within the United Nations. Examples of policy initiatives taken at the country level include: the decision made by Argentina to ensure that all presidential broadcasts on the national television network be interpreted in sign language simultaneously; China issuing a National Human Rights Action Plan for 2009-2010 in which a short-term goal of human rights protection includes protection for individuals with disabilities; and the creation of the National Register on Disability Statistics (RED) in Costa Rica to improve statistics on individuals with disabilities. The COSP provide an opportunity for further discussion on these initiatives and the establishment of similar initiatives in other nations. IDRM staff will be present during the fourth session and will provide updates following its conclusion.

Not long after the COSP meeting in New York, the Committee on the Rights of Persons with Disabilities will have its second session this year – its sixth ever. The Committee has 18 members, who are elected for a period of four years before another election is held at the COSP. To date the Committee on the Rights of Persons with Disabilities has received 25 reports submitted by State Parties. The first report to be considered and receive concluding observations is the Tunisian report, which was considered by the Committee during its 5th session in April 2011.

On the agenda for the 6th session is the adoption of the concluding observation in Spain’s report, but in the interim, the Committee adopted a list of issues on Spain. These issues include: Article 5 (Equality and non-discrimination), specifically whether the need to present a disability certificate to bring a discrimination claim before the courts will be abolished; and Article 11 (Right to life) the Committee has asked Spain to explain whether guardians or caregivers of persons with disabilities can take decisions regarding the termination or withdrawal of medical treatment, nutrition, or any other life support. With regard to Article 12 (Equal recognition before the law) the Committee has asked Spain to provide data on the number of individuals with disabilities who have been placed under guardianship to enable them to exercise legal capacity and on the number of rulings modifying the capacity to act if any; as well as to explain how Spain has ensured that guardianship is exercised to the benefit of the ward, in view of the absence of explicit safeguards in current legislation against undue influence or conflict of interest.

 

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