《Human Rights Indicators for People with DisabilityWorld… .doc》由会员分享，可在线阅读，更多相关《Human Rights Indicators for People with DisabilityWorld… .doc（270页珍藏版）》请在三一办公上搜索。
1、Human Rights Indicators for People with Disability- A resource for disability activists and policy makersincorporating an introduction and commentary to the United Nations Convention on the Rights of Persons with DisabilitiesPhillip FrenchDisability Studies and Research InstituteforQueensland Advoca
2、cy Incorporatedinset logo Queensland Advocacy IncorporatedQueensland Advocacy Incorporated (QAI) is an independent, community-based systems and legal advocacy organisation for persons with disability in Queensland, Australia.QAIs mission is to promote, protect and defend the fundamental needs and ri
3、ghts of the most vulnerable persons with disability in Queensland. QAI does this by engaging in systems advocacy directed to attitudinal, law and policy change.QAI in part of the Australian Network of Disability Advocacy Services funded by the Australian Government.ContactQueensland Advocacy Incorpo
4、ratedSuite G2, Ground FloorBrisbane Transit CentreRoma StreetBrisbane Qld 4000AustraliaTelephone +61 (7) 3236 1122Freecall (Queensland only) 1300 130 582Email: qaiqai.org.auWebsite: www.qai.org.auISBN: 978-0-9775937-2-9First published: October 2007 Queensland Advocacy IncorporatedTable of ContentsPa
5、ge4Glossary5About this publication6Acknowlegements7Foreward9Introduction to QAIs Human Rights Project.13The Convention on the Rights of Persons with Disabilities introduction and overviewHuman Rights Indicators for Persons with DisabilitySummaryDetailed commentaryAppendix 1: Text of the Convention o
6、n the Rights of Persons with DisabilitiesAppendix 2: Text of the Optional Protocol to the Convention on the Rights of Persons with DisabilitiesGlossary:Accede/Accession:This is the act by which a country that has not previously signed a treaty already in force between other countries becomes a party
7、 to that treaty.Adopt/adoption:This is the act by which the proposed text of a treaty is formally accepted by the General Assembly.Covenant:A formal binding agreement between countries. It has the same meaning as treaty and convention.Convention:A formal binding agreement between countries. It has t
8、he same meaning as covenant and treaty.Declaration:A non-binding agreement between countries.Entry into force:The point at which treaty becomes legally binding for a country that has ratified or acceded to the treaty.International Cooperation: This refers to cooperation between State Parties to impl
9、ement a treaty. It may include international development and humanitarian assistance, technical exchange, harmonisation of standards, as well as joint action on other issues that have an extraterritorial dimension (for example, civil aviation).Ratify/Ratification:This is the act by which a country t
10、hat has signed a treaty agrees to be formally bound by its obligations.Reservations:A formal statement lodged by a country with the United Nations at the time it ratifies or accedes to a treaty stating that it does not accept one or more of the obligations of the treaty.Sign/Signature:This is an act
11、 by which a country indicates its intention to be bound by a treaty at some point in the future.Social Model:A general term to used to describe an approach to understanding disability as the product of the interaction between of persons with impairments with an inaccessible and non-inclusive environ
12、ment.State Party/State Parties:A term used to describe a country that has agreed to be bound by a treaty (that is, the country has ratified or acceded to the treaty).Treaty:A formal binding agreement between countries. It has the same meaning as covenant and convention.About this publicationThis pub
13、lication is an outcome of a multi-stage project that has involved the development and testing of human rights indicators for persons with disability. The overall aim of this project is to make visible the relationship between the lived experience of Queenslanders with disability and the internationa
14、l human rights standards accepted by the Australian government. To date, three stages of the project have been conducted, and further stages of work are under development and will be pursued as opportunities and resources become available.Stage 1 of the project involved the development of an initial
15、 set of human rights indicators for persons with disability which were based on the elements of the 6 major human rights instruments that the Australian government had ratified up to July 2005. This work was undertaken and completed in 2005-2006, during which period the Convention on the Rights of P
16、ersons with Disabilities (CRPD) was still under negotiation. At that stage, it was anticipated that it would be some time before this convention was finalised. The then draft text of the convention was used to inform, but did not provide the primary foundation for the indicators developed, as this t
17、ext was expected to change significantly as negotiations continued.Stage 2 of the project involved the development of an Easy-English, pictorial version of the human rights indicators developed in Stage 1 of the project. This was produced as an information and education resource to assist in communi
18、cating basic human rights concepts to persons with cognitive impairments. It provided a framework for consultations with persons with cognitive disability conducted in Stage 3 of the project. Copies of this resource can be obtained from QAI or downloaded from QAIs website www.qai.org.auStage 3 of th
19、e project involved qualitative research to ascertain the degree to which persons with disability and their associates perceive that their human rights are recognised, promoted, protected and fulfilled in the Queensland environment. The Human Rights Indicators developed in Stage 1 of the Project prov
20、ided the framework for analysis, and were tested for their utility and clarity. A series of focus groups and individual interviews were conducted with persons with disability drawn from a variety of impairment groups, other specific population groups, and locations across Queensland. A snapshot repo
21、rt has been developed that incorporates the findings of the research, and is published separately. Copies of this report can be obtained from QAI . Stage 3 has also involved the refinement of the Human Rights Indicators developed in Stage 1 of the project in light of both the finalisation of the Con
22、vention on the Rights of Persons with Disabilities (CRPD) and field test experience. The purpose of this publication is to set out this revised set of Indicators. The Indicators are now structured according to the elements of the CRPD, and are accompanied by an introduction and commentary to the CRP
23、D.Acknowledgements:The project has benefited from the expertise and experience of an expert reference group which met periodically throughout the project. Members of the reference group served either on a pro-bono basis or their employer contributed the cost of their time and expertise to the projec
24、t in-kind. QAI acknowledges the guidance and support of Reference Group members with great appreciation.Project Advisory Committee:ConvenorKevin Cocks Queensland Advocacy IncorporatedMembersGraham Schlecht Carers QueenslandGreg WagonerQueenslanders with DisabilityJayne ClaptonGriffith UniversityJohn
25、 DickinsonBrain Injury AssociationKym McCallumMamreKathy EllemQueensland Parents for People with DisabilityLesley ChenowethUniversity of QueenslandMarie KnoxQueensland University of TechnologyMark HenleySpinal Injuries AssociationNeroli HolmesAnti-Discrimination Commission QueenslandPaige ArmstrongE
26、ndeavour FoundationSue CollinsACROD (now National Disability Services)Amanda DearloveMinter EllisonSally RobinsonDisability Studies and Research InstituteQAI also wishes to acknowledge with appreciation the work of the Human Rights Projects Project Manager, Melinda Ewin, Systems Advocate at QAI, and
27、 Project Consultant, Phillip French, from the Disability Studies and Research Institute.Foreword The adoption of the Convention on the Rights of Persons with Disabilities, by the United Nations General Assembly on 13 December 2006, was the end of a journey embarked on by the United Nations since 200
28、1. For the international disability community, it had been a much longer journey. Disability organisations had long been pressing for a convention dealing specifically with the rights of persons with disabilities. Initially some governments had reservations about the need to negotiate a major new hu
29、man rights convention, particularly given the resources required for such a process. Theoretically there was no need for a new convention, because the existing human rights instruments applied to persons with disabilities in just the same way they do to everyone else. The reality, unfortunately, had
30、 not followed the theory. The existing human rights instruments had fallen far short in their protection of the human rights and fundamental freedoms guaranteed to persons with disabilities. This does not mean that State had deliberately avoided their obligations. But many of the obligations under t
31、he other instruments are set out in quite broad and generic way, which can leave grey areas for their practical implementation in respect of particular groups. Often, too, the enjoyment of rights and freedoms by persons with disabilities may require some adaptation by States to accommodate the disab
32、ility in question. And unfortunately persons with disabilities have often been marginalised and discriminated against in our societies. The dismaying statistics compiled by the United Nations and the Specialised Agencies on the situation of persons with disabilities worldwide left no doubt that spec
33、ific action needed to be taken. And those of us who participated in the negotiations on the Convention were certainly left in no doubt as to why it was needed. The candid and informative contributions of the disability organisations in the negotiations, had been invaluable in opening our eyes and re
34、affirming why our task was so crucial. Once that hurdle had been overcome, and there was acceptance of the need for a Convention, all of the participants, States and civil society together, worked tirelessly to get a worthy outcome. The Convention will make a significant difference to the ten percen
35、t of the worlds population that lives with a disability. It is a practically focused convention, because it has been so closely informed and influenced by the experiences of persons with disabilities, worldwide, as represented by their organisations. They had clearly articulated the challenges, diff
36、iculties and requirements of persons with disabilities in their interaction with society at large, and it is those areas and they are myriad on which the Convention focuses. It will be the benchmark for future standards and action. Attitudes need to change, societies need to be more empowered. The C
37、onvention enshrines themes such as these. A record number of States signed the new Convention the day it was opened for signature. The momentum thus generated let to its entry into force just over a year later. Effective implementation will now be the key. That will require effective and coordinated
38、 action by disability organisations, which have worked so well in the negotiations. It will require early action by governments and by the UN System. That is why this publication is so important. Civil society needs to raise awareness both within its constituent groups, and within society as a whole
39、, about the new Convention, the paradigm shift it embraces, and the rights it enshrines. Ultimately, rights are guaranteed, maintained and strengthened through being used. That requires awareness, and knowledge, and determination. This publication is an important contribution to that process. Don Ma
40、cKay Chair of the United Nations Ad Hoc Committee that negotiated the Convention on the Rights of Persons with Disabilities.Introduction to QAIs Human Rights ProjectThis publication sets out a preliminary set of human rights indicators for persons with disability, which are based on the elements of
41、the Convention on the Rights of Persons with Disabilities (CRPD).The stimulus for this project was the proliferation of quality assurance measures for services to persons with disability in Queensland, and indeed nationally, that were perceived by QAI to be increasingly misdirected by empty official
42、ism, rather than properly grounded in the recognition and respect of fundamental human rights. QAI sought to elaborate a new approach to monitoring and ascertaining the quality of human services for persons with disability, which was based on indicators of the degree to which their fundamental human
43、 rights were promoted, protected and fulfilled. Importantly, however, the scope of the project developed was not confined to the development of internal indicators of quality for the specialist service system. QAI adopted the fundamental value position that the quality of the specialist service syst
44、em could only really be ascertained by assessing the degree to which persons with disability enjoyed their fundamental human rights and freedoms in all aspects of life. This required the subordination of the specialist service system to the position of instrumental agent for the realisation of digni
45、ty and rights, and a focus on the status of persons with disability in society generally.Purpose of this publicationA fundamental objective of this project is to stimulate and embed a human rights consciousness within the community of persons with disability and their associates. A range of resource
46、s is envisaged for different constituencies to facilitate this objective, and a number of these have already been produced.This publication makes available for disability activists and policy makers work done to date on the development of human rights indicators for persons with disability. This wor
47、k is far from complete, but even at this stage these indicators provide a useful tool for issue analysis and policy development. We hope this resource encourages and facilitates greater application of human rights principles to the needs and concerns of persons with disability.The indicators are pre
48、sented in the context of the CRPD from which they are derived. A secondary aim of the publication is to promote awareness and understanding of the CRPD, which is potentially the most significant development in the history of the disability rights movement. To assist disability activists and policy makers
