Convention on the Rights of Persons with Disabilities and Optional Protocol

Practice flashcards covering the key articles, definitions, and procedural requirements of the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol.

Purpose of the Convention

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.

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.

Communication

Includes languages, display of text, Braille, tactile communication, large print, accessible multimedia, plain-language, human-reader, and augmentative and alternative formats, including accessible information and communication technology.

Language

Includes spoken and signed languages and other forms of non-spoken languages.

Discrimination on the basis of disability

Any distinction, exclusion or restriction on the basis of disability which impairs or nullifies the recognition, enjoyment or exercise of human rights and fundamental freedoms, including denial of reasonable accommodation.

Reasonable accommodation

Necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise of human rights on an equal basis with others.

Universal design

The design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design, not excluding assistive devices for particular groups.

General Principles (Article $3$)

Respect for inherent dignity and individual autonomy, non-discrimination, full and effective participation, respect for difference, equality of opportunity, accessibility, gender equality, and respect for the evolving capacities of children.

Progressive realization

With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources to achieve the full realization of these rights.

Consultation with persons with disabilities

States Parties shall closely consult with and actively involve persons with disabilities, including children, through their representative organizations in the development and implementation of legislation and policies.

Women with disabilities (Article $6$)

States Parties recognize that women and girls with disabilities are subject to multiple discrimination and shall take measures to ensure their full and equal enjoyment of all human rights.

Children with disabilities (Article $7$)

States Parties shall ensure the full enjoyment of all human rights on an equal basis with other children, with the best interests of the child being a primary consideration.

Awareness-raising (Article $8$)

Commitment to raise awareness throughout society, combat stereotypes and prejudices, and promote awareness of the capabilities and contributions of persons with disabilities.

Accessibility (Article $9$)

Measures to ensure access to the physical environment, transportation, information and communications (including the Internet), and other facilities open to the public in both urban and rural areas.

Equal recognition before the law (Article $12$)

Reaffirms that persons with disabilities have the right to recognition as persons before the law and enjoy legal capacity on an equal basis with others in all aspects of life.

Access to justice (Article $13$)

Ensuring effective access to justice for persons with disabilities, including through procedural and age-appropriate accommodations to facilitate their role as participants and witnesses.

Freedom from exploitation, violence and abuse (Article $16$)

States Parties shall take measures to protect persons with disabilities both within and outside the home, including gender-based aspects, and ensure facilities are effectively monitored by independent authorities.

Liberty of movement and nationality (Article $18$)

Includes the right to acquire and change a nationality, the freedom to leave any country, and the registration of children with disabilities immediately after birth.

Living independently and being included in the community (Article $19$)

The right of all persons with disabilities to live in the community with choices equal to others, including the opportunity to choose their place of residence and access to in-home support services.

Personal mobility (Article $20$)

States Parties shall facilitate personal mobility in the manner and at the time of choice and at affordable cost, including access to quality mobility aids and assistive technologies.

Education (Article $24$)

States Parties shall ensure an inclusive education system at all levels and lifelong learning, including the learning of Braille, sign language, and alternative communication modes.

Health (Article $25$)

The right to the enjoyment of the highest attainable standard of health without discrimination, including health-related rehabilitation and services needed specifically because of disabilities.

Habilitation and rehabilitation (Article $26$)

Measures to enable persons with disabilities to attain and maintain maximum independence and full inclusion through comprehensive services beginning at the earliest possible stage.

Work and employment (Article $27$)

The right to work on an equal basis with others, in a labour market and work environment that is open, inclusive and accessible, including protection from discrimination and the provision of reasonable accommodation.

Participation in political and public life (Article $29$)

Guarantees political rights, including the right to vote by secret ballot, to stand for elections, and to effectively hold office through accessible voting procedures and materials.

United Nations Committee on the Rights of Persons with Disabilities

A body of initially $12$ (up to $18$) experts of high moral standing and recognized competence who monitor the implementation of the Convention.

Conference of States Parties (Article $40$)

A regular meeting of States Parties to consider any matter regarding the implementation of the Convention, convened by the Secretary-General of the United Nations.

Entry into force (Convention)

The thirtieth ($30^{th}$) day after the deposit of the twentieth ($20^{th}$) instrument of ratification or accession.

Optional Protocol (Article $1$)

Recognizes the competence of the Committee to receive and consider communications from individuals or groups who claim to be victims of a violation of the Convention by a State Party.

Admissibility of communications (Optional Protocol Article $2$)

Communications are inadmissible if they are anonymous, an abuse of the right of submission, or if all available domestic remedies have not been exhausted.

Secretary-General of the United Nations

The designated depositary for both the Convention and the Optional Protocol.

October $30$, $2007$ (Context)

Date the Convention was open for signature at United Nations Headquarters in New York.