The Disability Rights Movement Overview

The Disability Rights Movement

Emergence of the Movement

  • Timeline: The disability rights movement emerged strongly during the 1970s and 80s.

  • Significance: This era marked a notable push for civil rights specifically aimed at individuals with disabilities.

United Nations Involvement

  • UN Decade of Disabled Persons: The decade from 1983 to 1992 was officially declared the United Nations Decade of Disabled Persons.

  • 2001 Proposal: In 2001, the UN General Assembly accepted a proposal to develop a Convention on the Rights of Persons with Disabilities (CRPD).

    • Development: The CRPD was developed with significant contributions from individuals with disabilities and their organizations from across the globe.

Observations on Previous Human Rights Instruments

  • Limitations of Earlier Instruments: Earlier human rights instruments recognized the general rights to free and compulsory education for all children but failed to result in real change for many children with disabilities. Specifically:

    • Many children were excluded from education entirely.

    • Others were educated in segregated environments.

Key International Instruments and Declarations

  • 1989 UN Convention on the Rights of the Child: This convention advanced the notion of equal access to education for all children, though it did not specifically target children with disabilities.

  • 1990 World Declaration on Education for All: This was the first significant instrument explicitly referencing education for children with disabilities.

  • Salamanca Statement (1994): Four years after the World Declaration, the Salamanca Statement was adopted, promoting:

    • Regular schools with an inclusive orientation as fundamental for building an inclusive society.

    • The goal of achieving education for all with support from 90 countries, including Australia.

    • Notable distinction: The Salamanca Statement did not have the status of a legally binding human rights treaty.

Convention on the Rights of Persons with Disabilities (CRPD)

  • Article 24: Adopted in 2006, Article 24 of the CRPD recognizes inclusive education as a fundamental human right for all children with disabilities.

  • Clarification: The article's position is clear from an international human rights law perspective; however, the obligations it creates are:

    • Poorly understood.

    • Implementation has been widely lacking.