The United Nations Convention on the Rights of People with Disabilities - What does it mean for you?
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Equality and Human Rights Commission
Guidance
The United
Nations
Convention on the
Rights of People
with Disabilities
What does it
mean for you?
A guide for disabled people and
disabled people’s organisationswww.equalityhumanrights.com
Contents
Foreword 2
What this guide covers 3
Part 1
Introducing the United Nations Convention on
the Rights of People with Disabilities 5
Part 2
Know your rights 14
Part 3
Making rights a reality 34
Part 4
Further information and resources 51
Contacts 57
1UN Convention on the Rights of People with Disabilities
Foreword
If you are a disabled person the United Nations
Convention on the Rights of People with Disabilities
(the Convention) is for you.
The Commission’s role is to ensure Britain
The Convention is a new international
makes rapid progress towards making
human rights agreement that:
the Convention rights a reality for
disabled people.
Recognises that we are all equal.
Disabled people have the same
rights as everyone else to freedom, We have produced this guide so that
respect, equality and dignity. you can find out:
Brings together all our basic human What your human rights are and
rights in one place. how they are protected.
Describes what government has What difference the Convention
agreed to do to make these rights could make to your life.
real.
How you can be involved in putting
the Convention into practice.
The Convention was created because
How you can use the Convention to
often our human rights are not respected
challenge injustice and improve
and we face many barriers to inclusion
services.
in society.
The Convention is not just a paper This guide is for people living in England,
‘declaration’ without any teeth. It requires Wales and Scotland. We hope you find it
government to take action to remove useful. The Equality Commission for
barriers and give disabled people real Northern Ireland and the Northern
freedom, dignity and equality. We can use Ireland Human Rights Commission
it in lots of different ways to make sure our have produced a separate guide which
rights are respected and to get a better deal. explains how the Convention will work
in Northern Ireland.
The Equality and Human Rights
Commission is working hard to raise Mike Smith
awareness of the Convention among Commissioner and Chair of the
disabled people, legal advisers and Disability Committee, Equality and
public bodies. Human Rights Commission.
2www.equalityhumanrights.com
What this guide covers
Part 1: Introducing the United Nations Convention
on the Rights of People with Disabilities
This Part explains what the Convention is, and what it means for you. It describes
the obligations of the government, and the role of the Equality and Human Rights
Commission and the Scottish Human Rights Commission in the implementation
of the Convention. It also explains how the Convention works in relation to the
Human Rights Act and disability discrimination legislation including the
Equality Duty.
Part 2: Know your rights
This Part sets out the key principles of the Convention, what each right says and what
it means, with examples.
Part 3: Making rights a reality
This Part shows you how to make the Convention work for you. It explains how
disabled people and disabled people’s organisations can get involved in the monitoring
and implementation of the Convention, and how you can use it to bring about change
at local and national level. It also sets out how you can use the Convention to make
a complaint.
Part 4: Further information and resources
There are many places where you can get help or find more information and as the
Convention becomes more a part of everyday life all over the world more resources will
become available. This Part lists some of the key resources where you can find help.
34
www.equalityhumanrights.com
Part 1
Introducing the United
Nations Convention on
the Rights of People
with Disabilities
This Part gives you an introduction to the
Convention. It covers:
What is the United Nations Convention What role do disabled people and
on the Rights of People with their organisations have?
Disabilities? The role of the United Nations.
Why did this Convention come about?
Why is the Convention important for
What is the United Nations
disabled people in Britain?
Convention on the Rights of
Who has rights under the Convention? People with Disabilities?
What obligations does the Convention
The United Nations Convention on the
put on the government?
Rights of People with Disabilities is a new
Reservations. international agreement about protecting
How does the Convention relate to and promoting the human rights of
domestic legislation, in particular disabled people throughout the world.
the Human Rights Act and the
Equality Duty? In this guide we use the term ‘Convention’
for short. There are other Conventions,
Whose job is it to implement the
for example the European Convention on
Convention?
Human Rights and the United Nations
What role do the Equality and Human Convention on the Rights of the Child. If
Rights Commission and the Scottish we talk about a Convention other than the
Human Rights Commission have? United Nations Convention on the Rights
of People with Disabilities, we will use its
full name.
5UN Convention on the Rights of People with Disabilities
Human rights are a set of basic convention. Many disabled people and
rights and freedoms that everyone their organisations across the world were
is entitled to, regardless of who they involved in agreeing its contents.
are. They are about how the State
must treat you. They recognise that Like everyone else in the world, disabled
everyone is of equal value, has the people’s human rights have been
right to make their own decisions enshrined in the Universal Declaration of
and should be treated with fairness, Human Rights since 1948. To that end the
dignity and respect. Human rights Convention does not give disabled people
have been written down in ‘new’ human rights. However, it was
international agreements such recognised that action needed to be taken
as the Universal Declaration of to ensure rights on paper become rights in
Human Rights (1948) and the everyday reality. Too many obstacles still
European Convention on Human lead to disabled people’s human rights
Rights (1950). being abused or neglected.
The Convention describes the steps which The aim of a disability convention was to
governments must take to make sure set out the steps which every country in
disabled people enjoy their human rights to: the world should take to remove these
obstacles. Many countries – including
equality before the law without the UK – agreed that there should be a
discrimination specific Convention to drive forward real
make their own decisions dignity, equality and inclusion for
disabled people.
have their family life respected
freedom from exploitation, violence The text of the Convention was agreed
and abuse at the United Nations (UN) in December
2006. The UK signed the Convention
an inclusive education
on 30 March 2007 and ratified it on
a decent standard of living 8 June 2009.
support to participate in society and live
in the community When a country ‘signs’ the
Convention it means it agrees with
accessible physical environments and what the Convention says about
information human rights for disabled people.
These rights and others not listed here are
contained in ‘Articles’. We explain what When a country ‘ratifies’ the
the rights mean in Part 2. Convention it agrees to do what
the Convention says and make
changes to ensure that the rights
Why did this Convention in the Convention are respected
come about? in practice.
Disabled people campaigned for over
20 years to get their own human rights
6www.equalityhumanrights.com
Why is the Convention failure to respect human rights
important for disabled people and to work towards disability
in Britain? equality.
7. It can be used by disabled people
1. The government will be held to and their organisations as a
account by means of reports on its framework to negotiate and
performance in promoting disabled influence national and local
people’s rights by the UN Disability matters – for example when a local
Committee. authority is proposing to withdraw
2. It should give disabled people a essential social support services which
stronger say in the policies that will affect disabled people’s rights to
affect their lives. Government is live independently.
expected to involve disabled people in 8. It should help promote positive
the plans to implement the Convention attitudes towards disabled people
when it is making new laws and policies as the government has an obligation
which affect disabled people, and when to raise awareness and foster respect
it is writing reports for the UN on how for the rights and dignity of disabled
the UK is meeting its obligations under persons, to tackle prejudice and abuse
the Convention. against disabled people, and to promote
3. It sets new standards on how awareness of what disabled people can
government and public bodies contribute to society.
should ensure that disabled
people’s human rights should be
protected and promoted. This is the
first human rights agreement that talks
in detail about things like an inclusive
education or the right to live where you
want to.
4. It puts wide-ranging
responsibilities on government
to take practical action to
strengthen disabled people’s
control over their own lives and
full participation in society.
5. It could lead to stronger and fuller
protection against disability
discrimination. Government may
need to take action to close gaps in
UK law on disability discrimination.
6. It can be used to interpret the
Human Rights Act and, alongside
the Equality Duty, to challenge
7UN Convention on the Rights of People with Disabilities
Case Study: The difference a Convention makes
The Children’s Rights Convention in Wales
In 2004, the Welsh Assembly For example, the Welsh Assembly
Government adopted the United Nations Government:
Convention on the Rights of the Child
as the basis for all their policies and was the first government in the UK
programmes for children in Wales. to appoint a Children’s Rights
The seven core aims the Welsh assembly Commissioner to act as a champion
Government has set for children all stem for children’s rights
from the UN Convention on the Rights set up Funky Dragon – the children
of the Child. They cover issues like the and young people’s Assembly passed
best education and training possible, a law requiring every school to have a
good physical and mental health and school council so that pupils can have
the right for children to have their views a real say in their education and how
listened to. their school is run
The Welsh Minister for Children chairs publishes a Children and Young
a Cabinet sub-committee whose job is People’s Wellbeing Monitor which
to ensure the Convention is put into measures progress on tackling child
practice. poverty and children’s enjoyment
of their Convention rights, and
The Welsh Assembly Government’s works hard to get the message across
commitment to the Children’s Rights to parents and carers that hitting
Convention is delivering real benefits for children is wrong and infringes
children and young people. their human rights.
Who’s rights are recognised by disability’ includes people with long-term
the Convention? impairments. However, it could also cover
people with short-term disabilities. There are
The Convention is about the human rights of around 11 million disabled people in Britain
disabled people. That can be a person who who have rights under the Convention.
has an impairment, illness, injury or health
condition and who may face barriers to being The Convention is based on the ‘social
included in society. It includes Deaf people, model’ of disability. It recognises that
people with learning disabilities, people with people with impairments are excluded by
sensory impairments, people with physical barriers created by society, and so are
impairments, people with mental health disabled by inaccessible services, barriers
conditions, people with autism, people with in the built environment or prejudice and
epilepsy and people who are HIV positive. stigma. It also recognises that these barriers
The Convention says that ‘a person with a change over time for the individual.
8www.equalityhumanrights.com
What obligations does the gather information and statistics about
Convention place on the the position of disabled people in
government? society so it can track progress and
develop better policies.
When a government has ratified the
Convention it commits to taking practical The Convention places obligations on
action to make rights real. It should: the ‘State Party’: for Britain this is the UK
Government. However, protecting and
take steps so that disabled people can promoting many of the rights under the
enjoy all their rights – for example Convention depends on action by regional
making sure that disabled people have and local authorities and other national
full protection against all forms of bodies. Therefore, the UK Government
discrimination – including taking should take steps to ensure these
action against failure to make authorities (for example local health
reasonable adjustments boards, local councils, inspectorates,
police) are doing what is necessary to
look at existing laws and say what
implement the Convention. The Scottish
changes need to be made
Government and the Welsh Assembly
abolish laws and practices that Government will need to ensure such
discriminate against disabled people actions are taken in Scotland and Wales
pass new laws and make new policies in areas where responsibility for delivering
where necessary legislation, services or participation
has been devolved.
take account of disabled people’s
human rights in everything it does If the government fails to take these
(people often call this ‘mainstreaming’ steps, then it may be in breach of the
– thinking at the beginning of a process Convention. In Part 3 we explain how
about making sure that disabled people you can deal with this, and also how
are not excluded) you can use the Convention in relation to
avoid doing anything that infringes other public bodies and anyone delivering
disabled people’s Convention rights public services on their behalf.
ensure that professionals who work
It is worth noting that the Convention has
with disabled people have training to different types of rights. Some rights give
understand how to respect their rights the government flexibility, others do not.
ensure that the private sector and For example, taking somebody’s life or
individuals respect the rights of torturing a person is never allowed.
disabled people Other rights can be restricted in some
promote accessibility including the situations which must be set out in law,
development of standards for example people have the right to
liberty, but they can be sent to prison
ensure international development because of an offence written in the law.
programmes address disability issues
and include disabled people, as well as
working with other international bodies
9UN Convention on the Rights of People with Disabilities
Many of the rights in the Convention The reservations and the interpretative
require the government to take proactive declaration are discussed in Part 2, under
steps. However, the Convention recognises the right to make your own decisions
that many countries may not be able to (Article 12), liberty of movement and
take steps to make some of the rights nationality (Article 18), right to education
real for all disabled people immediately. (Article 24), and right to work (Article 27).
The government should still try to do
everything in its power and use all The Equality and Human Rights
available resources to make sure disabled Commission, the Scottish Human Rights
people enjoy their human rights as Commission, the Equality Commission for
quickly as possible. This is often called Northern Ireland and the Northern Ireland
‘progressive realisation’. The UN is likely Human Rights Commission believe the
to expect a relatively wealthy country like reservations and declaration made by the
Britain, which has already got many of the UK Government are either unnecessary
basics in place, to be doing better than a or invalid and should be withdrawn.
developing country.
While governments are working on How does the Convention
improvements to rights they should still: relate to our domestic laws, in
particular the Human Rights
avoid taking steps which deny disabled Act and the Equality Duty?
people their enjoyment of human
rights, and The UK Government needs to make sure
that the laws we have at home meet the
ensure everyone has the minimum
Convention’s requirements. If not, then
essential level of support they need in
it should change the laws. There are a
terms of food and shelter, and basic
number of ways that you can hold the
levels of health care and education.
government to account if our laws
Part 3 explains how you can use the or their implementation don’t meet the
Convention. requirements of the Convention. You
can find out more about this in Part 3.
Reservations If a disabled person believes that their
rights under the Convention have been
When the UK Government ratified the breached, then they cannot take the
Convention, it made reservations against a government or any other public body to
number of Articles and one interpretative a court, as the Convention is not directly
declaration. A reservation is a statement part of our domestic law. However, the
that says that the government will not Convention can play an important
(yet) take steps on a certain issue. An supporting role when cases are taken
interpretative declaration sets out the to court about the Human Rights Act,
government’s understanding of what a disability discrimination legislation and,
particular Article means and agrees to in particular, the Equality Duty.
ratify it on condition that it is interpreted
in this way.
10www.equalityhumanrights.com
The Human Rights Act is a law passed the Human Rights Act, courts should take
in the UK in 1998 that says public account of international law as well as
authorities must respect the human rights decisions of the European Court of Human
of everyone in Britain and Northern Rights. In 2009, the European Court of
Ireland. The rights it protects are based Human Rights referred to the Convention
on an agreement called the European in a decision about whether disabled
Convention on Human Rights. That people were treated unfairly. The full
agreement includes some of the same name of this case is Glor v Switzerland
rights as the disability Convention, for (Application no. 13444/04, judgment on
example the right to life and the right 30 April 2009).(1)
to a fair trial. However, the disability
Convention also includes a broader range Disability discrimination law says
of rights, in particular rights that cover that disabled people should be free from
social, cultural and economic issues such as discrimination and harassment and that
the right to housing and the right to work. employers, educational establishments and
service providers in Britain must make
The disability Convention sets out in more reasonable adjustments to ensure disabled
detail the steps that the government must people can access their services and fully
put in place to ensure disabled people’s participate. The Convention could be used
human rights are protected and promoted. to interpret some concepts, for example
For example, Article 8 of the Human it could help interpret what is meant by
Rights Act protects people’s right to ‘reasonable adjustment’ in cases which
private and family life, including the right would reinforce their purpose as being to
to take decisions about their own lives and remove barriers towards full participation.
to participate in the community. Article 19
of the disability Convention sets out some Equality legislation also places a duty on
of the steps which government must take public authorities to promote disability
to ensure that disabled people enjoy this equality in everything they do. This guide
right, for example by ensuring disabled was written in May 2010. This duty is
people have an equal choice to decide called the Disability Equality Duty (from
where and with whom they live and that the 1995 Disability Discrimination Act as
they have the support needed to live amended). Soon it will be the Public
independently in the community. Sector Equality Duty (from the 2010
Equality Act) which will also cover
Now, when public authorities are thinking equality in relation to age, sexual
about how they support human rights orientation, sex, race, religion and belief,
they should also look at the Convention. pregnancy and maternity, and gender
While you can’t bring a case directly in reassignment. We think it will be the
the UK courts under the Convention, Public Sector Equality Duty from April
the disability Convention can be used as 2011 although government has yet to
an interpretative tool in relation to the decide the exact date. If you’re not sure
Human Rights Act. When interpreting contact the Equality and Human Rights
1 For an unofficial translation into English, go
to:http://www.mdac.info/images/page_image/Glor_v_Switzerland_en.doc
11UN Convention on the Rights of People with Disabilities
Commission to find out. In this guide we that this happens. The Office for
call it the ‘Equality Duty’. Disability Issues (ODI) is currently
the focal point and co-ordinating
If public authorities are not meeting their mechanism within the UK Government.
Equality Duty, then the Equality and It will co-ordinate action across different
Human Rights Commission can take government departments in the UK
legal steps to make sure they do so, or and the devolved administrations to
disabled people can challenge them in implement the Convention.
court (through something called ‘judicial
review’). Public authorities will be helped Because Scotland and Wales decide many
in meeting their Equality Duty if they use of their own laws and policies (this is
the standards set out in the Convention. called ‘devolved matters’ – for example
on health, social care and education),
The disability Convention can also be the Scottish Government and the Welsh
used as an interpretative tool in relation Assembly Government will be working
to disability discrimination legal cases. on their own plans to implement the
Convention in those areas. The ODI
There are many other laws in Britain that will work closely with the devolved
already support disabled people’s human governments in Scotland and Wales.
rights, for example the Chronically Sick
and Disabled Persons Act and the Mental
Capacity Act. These laws, and the way What role do the Equality and
public authorities implement them, Human Rights Commission
now need to be measured against the and the Scottish Human
requirements of the Convention. Rights Commission have?
The use of the Convention, together The Convention requires each government
with the Human Rights Act and to put in place a framework to promote,
equality legislation in advocacy and protect and monitor implementation
legal cases, could help strengthen of the Convention. It prefers that this
disabled people’s rights. framework includes one or more bodies,
known as ‘national human rights
institutions’, which can demonstrate
Whose job is it to implement independence. The Equality and Human
the Convention? Rights Commission and the Scottish
Human Rights Commission are both
The UK Government, in partnership national human rights institutions.
with the devolved administrations of
Scotland, Wales and Northern Ireland, Both commissions will monitor progress
is responsible for ensuring that the being made by the governments of Britain
Convention is implemented. in implementing the Convention and
report on that progress to the UN. They
The Convention requires each government will provide advice and information to
to set up what is called a ‘focal point and a disabled people and to public authorities.
co-ordinating mechanism’ to help ensure They will also mainstream the Convention
12www.equalityhumanrights.com
into their work – for example when ‘shadow’ reports, through which disabled
enforcing the law or influencing people and their organisations can set out
government policy. their views on what the government is
doing (or not) to respect, protect and
promote the rights under the Convention.
What role do disabled people Anyone can do this. There is information
and their organisations have? on how to do these reports on page 41.
The Convention says that ‘civil society’ and
disabled people and their organisations, The role of the United Nations
in particular, must be closely involved
in monitoring how well the Convention The UN has set up a committee of experts
is being put into practice. When on disability rights to monitor what each
governments are monitoring progress country that has ratified the Convention is
they must ensure disabled people play a doing to put it into practice. Its actual title
full part in that process. is the ‘Committee on the Rights of Persons
with Disabilities’ but in this guide we will
‘Civil society’ means individuals and refer to it as the UN Disability Committee.
organisations that are not part of In 2010 it had 12 members of whom nine
government. This includes: were disabled people.
those people directly affected by human The UN Disability Committee:
rights violations
voluntary organisations which work can make General Recommendations/
with them including Centres for General Comments that say how certain
Independent Living, self-advocacy rights in the Convention should be
groups, access groups, local disability interpreted, for example what steps
associations they would expect States Parties to take
other voluntary organisations such as monitors the compliance of a State
faith groups, youth groups, older people’s Party with the Convention, and can
groups, women’s groups and groups for make recommendations about what
lesbians, gay and bisexual people more the government should do to
deliver disabled people’s human rights.
parents of disabled children and The UK Government has to submit its
families of disabled people first report to the UN Disability
human rights organisations Committee in June 2011.
trade unions, and
Some of the UN Disability Committee’s
professional groups. powers come from a second agreement
connected with the Convention called the
Disability groups should use the Convention ‘Optional Protocol’. The UK Government
as a negotiation tool, for advocacy, and to has also ratified this.
inform your arguments in legal cases. A
powerful way to influence the monitoring You can read more about the UN
and implementation process is to write Disability Committee’s work in Part 3.
13UN Convention on the Rights of People with Disabilities
Part 2
Know your rights
This Part tells you about:
Key principles the government should adopt and
use for their policies and practices
Your rights under the Convention
• what does it say?
• examples of how you might use it.
If you think that your human rights have discrimination) and some overlapping,
been breached or you think that a public for example Articles 15 (about freedom
body, for example your council, health from torture and degrading treatment)
service or government, should do more to and 16 (about exploitation and abuse).
protect your rights, then you should think
about all the rights that may apply to your
situation. Often it is the case that more Key principles the government
than one right applies. should adopt and use for their
policies and practices
Because the Convention is still new, it has
not yet been used much in practice. That The Convention sets out some key
is why we cannot give real-life examples. principles which governments and public
As the Convention gets used more often, bodies must take into account when they
we will find out more about what it means are carrying out their work. Generally,
in practice. We have used examples where public authorities should follow these
possible to help explain what each Article principles. They should also identify what
could mean in practice. Some of the they can do to positively promote them.
Articles of the Convention include more These principles are:
detailed actions for governments to take
or include more complex issues. We have Respect. Every person is of equal worth
therefore included more explanation and and deserves to be treated with dignity
examples for some of the Articles. and respect. Disabled people have the
right to choose how to live their own
You will see that some Convention articles lives and the freedom to make their own
are very broad, for example Article 5 choices. These rights must be respected.
(which is about equality and non-
14www.equalityhumanrights.com
Non-discrimination. Disabled people Equality of opportunity. Taking positive
must never be treated worse than action to ensure barriers are removed.
others, excluded from or denied access Accessibility. Ensuring disabled people
to services, education, work or social can access buildings, housing, services,
life on the basis of their disability. information, leisure (and other areas
Participation and inclusion. Disabled listed in the Convention) on an equal
people’s full and effective participation basis to non-disabled people.
and inclusion in society must be Equality between men and women.
supported.
Respect for disabled children as they
Respect for difference and acceptance grow up.
of disabled people as part of human
diversity and humanity.
Rights under the UN Convention on the Rights of People
with Disabilities
Article 5 Equality and non-discrimination
Article 6 Women with disabilities
Article 7 Children with disabilities
Article 8 Awareness-raising
Article 9 Accessibility
Article 10 Right to life
Article 11 Situations of risk and humanitarian emergencies
Article 12 Equal recognition before the law
Article 13 Access to justice
Article 14 Liberty and security of person
Article 15 Freedom from torture or cruel, inhuman or degrading treatment or punishment
Article 16 Freedom from exploitation, violence and abuse
Article 17 Protecting the integrity of the person
Article 18 Liberty of movement and nationality
Article 19 Living independently and being included in the community
Article 20 Personal mobility
Article 21 Freedom of expression and opinion, and access to information
Article 22 Respect for privacy
Article 23 Respect for home and the family
Article 24 Education
Article 25 Health
Article 26 Habilitation and rehabilitation
Article 27 Work and employment
Article 28 Adequate standard of living and social protection
Article 29 Participation in political and public life
Article 30 Participation in cultural life, recreation, leisure and sport
15UN Convention on the Rights of People with Disabilities
Equality and non-discrimination stricter definition of who is a disabled
Article 5 says: person, whilst the Convention might also
protect people, for example, with a one-off
Everyone is equal before the law. but severe mental health condition lasting
Governments should outlaw all forms of less than 12 months.
discrimination on the basis of disability
Often you can use this right together with
and ensure effective protection against
other rights in the Convention as in the
disability discrimination.
example below concerning Article 30 which
Governments should ensure that sets out the right to take part in leisure.
reasonable accommodation is made
for disabled people.
Specific measures are often needed
Example: Equality and
to create equality for disabled people participation in leisure
in practice and are permitted under
A local authority decides to close a
the Convention.
car park which gives easy access to
a beach, resulting in visitors having
What does this mean? to park further away, and to use an
alternative route which is steep.
Our existing disability discrimination law This means that people with mobility
gives disabled people protection against impairments and their family/friends
most forms of discrimination. It also gives cannot go to that beach anymore.
disabled people rights to reasonable This is a regressive step and also it
adjustments, and it allows employers and puts disabled people at a disadvantage
service providers to treat disabled people in comparison with other people.
more favourably than non-disabled people Disabled people could highlight
(for example reserving parking bays Articles 5 and 30 in their discussions
outside an office for disabled employees) with, or a case against, the local
since this is often necessary to deliver authority in such a situation.
equality in practice. The Human Rights
Act also provides important protection
against discrimination in the enjoyment
Protection for specific groups
of the rights it sets out, such as not to be of disabled people
discriminated in the way the right to
Disabled women
respect for family life is protected.
Article 6 says:
However the Convention is broader
Governments should recognise that
than current British discrimination law.
disabled women and girls face multiple
For example, in British law, volunteers
discrimination (worse treatment
have little protection. Travel by air and
because of their gender and their
across water is also not fully covered
impairment).
nor do manufacturers have enforceable
duties to make their products accessible.
Also, disability discrimination law has a
16www.equalityhumanrights.com
Governments should ensure disabled What does this mean?
women can enjoy their human rights in
full and should do everything possible This makes it clear that disabled children
to empower disabled women. also have full human rights, and that
governments should take proactive steps
so that disabled children can enjoy their
What does this mean? human rights and reach their full potential
in education and in the community.
This means that governments must take
steps specifically related to disabled It also says that governments should take
women – not just think about ‘women’ account of the age of the child in their
as a group, and ‘disabled people’ as right to express their views.
another group.
There is another important international
This helps you to highlight issues that convention for disabled children in Britain
affect disabled women in particular, and – the Convention on the Rights of the
get the government to address these Child (CRC).
issues. For example, disabled women
are twice as likely to be the victims of
domestic violence, and often have Example: Age of the child
limited access to support services.
A housing authority is assessing the
There is another important international needs of a family with a disabled child
convention for disabled women – the for a bigger house. The disabled child
Convention on the Elimination of all would like to have their own bedroom,
Forms of Discrimination Against and not to have to share with their
Women (CEDAW). sibling. If the child is 6 years old then
this view will carry less weight than if
the child was 13 years old – although
Disabled children the housing authority should always
Article 7 says: act in the best interest of the child.
Therefore if there are disability related
Governments should do everything reasons why the 6 year old child should
necessary to ensure disabled children have their own bedroom then the
enjoy their human rights on the same housing authority should also take
basis as non-disabled children. account of those reasons.
Decisions about disabled children must
be in their best interests. What about other groups of
Governments should ensure that; disabled people?
disabled children are supported to The Convention specifically protects
express their views, and disabled women and disabled children.
disabled children’s views are listened However the Convention also talks about
to and taken seriously. how governments must recognise the
diversity among disabled people.
17UN Convention on the Rights of People with Disabilities
These steps include – but are not limited
Example: How the to – public awareness campaigns, building
Convention could be positive attitudes into education, influencing
used to protect disabled the portrayal of disabled people in the
people who also belong media, and promoting disability equality
to another group training, including awareness of the legal
rights of disabled people.
A Gypsy family includes an older woman
with severe learning disabilities. She
has little sense of danger and often What does this mean?
runs away. The family’s mobile home is
Disabled people can enjoy full human
in a field, away from roads. However,
rights only if society changes its attitude
the council says that they do not have
towards, and its expectations of, disabled
permission to have their mobile home
people. This won’t happen by itself.
in the field, and they have to move to a
Article 8 highlights four important steps
car park which is next to a busy road.
that governments and other public bodies
This is a dangerous situation for the
should take to bring about a culture
older woman. In their discussions
change, including the need to promote
with, or a case against, the council the
disability equality training.
Gypsy family could use the right to life
(Article 10), freedom to choose their
You can use this Article to promote
residence (Article 18), and respect for
disability equality training for policy-
home and the family (Article 23) in the
makers and decision-makers (local and
Convention to argue that the council
national) so that they know how to
should provide an alternative solution
respect, protect and promote the human
which takes account of the needs of the
rights of disabled people so that disabled
older woman and the Gypsy family.
people can reach their potential in society
and that their contributions are valued.
Awareness-raising
Article 8 says:
Governments should take immediate,
effective and appropriate steps to;
raise awareness throughout society,
including at family level, and to
encourage respect towards disabled
people
eliminate prejudice and abuse
against disabled people
raise awareness of the value of the
contribution disabled people make
to society.
18www.equalityhumanrights.com
support access to public buildings
Example: Need for and facilities
awareness-training promote accessible information
about disabled people and access to Information and
and their rights Communication Technology
(for example computers and the
It is very important that doctors and internet) for disabled people
other medical professionals are aware
promote inclusive design for new
of disabled people’s rights under the
information and communication
Convention. For example, if they place
technologies so that, from the start,
a ‘Do Not Resuscitate’ order on
these are designed to be accessible to,
disabled people’s medical records
and easy to use for, disabled people.
without their consent, this may breach
their right to life. Also, doctors should
not make assumptions about the What does this mean?
quality of life of disabled people.
Disabled people can use this Article to
measure whether the government and
Accessibility public bodies are doing enough to ensure
Article 9 says: accessibility of the environment. For
example, if a local authority is writing
To enable disabled people to live a Local Development Framework, then
independently and take part in all areas they should include an accessibility
of life government should take action statement which underpins the rules
to ensure accessibility, equal to that of for new buildings, businesses, and the
non-disabled people. This includes transport network. This statement could
taking action in relation to the built reflect the rights set out in the Convention.
environment, transport, public services
or facilities, housing, as well as
Right to life
information and communication
Article 10 says:
services, and emergency services.
Governments should take steps to; Every human being has the right to life.
develop and monitor minimum Governments must do everything
access standards and guidelines for necessary to ensure disabled people
public services and facilities enjoy this right on an equal basis with
other people.
ensure that the private sector makes
services to members of the public
accessible What does this mean?
provide accessibility training This means that the State must not take
away anyone’s life, and government must
ensure signs in public buildings are
take reasonable steps to protect your life.
in easy read and Braille For example there should be adequate
ensure more assistance and sign laws in place to protect you from others
language interpreters are available to who might try to take away your life.
19UN Convention on the Rights of People with Disabilities
There have been legal cases about ‘Right of volcanic ash, governments should work
to Life’ under Article 2 of the European together to make sure that disabled people
Convention on Human Rights. The right are not put at risk, for example if they
to life only applies once people are born. need access to medicine, then they should
Authorities must protect life where they make every effort to provide this.
know, or ought to know, of immediate risk
to life from oneself or from another (for Governments and public bodies
example, a stalker). Doctors must provide should also think about accessible
life-prolonging treatment, such as water communications around emergencies.
and artificial feeding, if a terminally ill For example, it would not be good enough
patient with capacity to make this decision to set up a helpline where people can
asks for it. Also, if a disabled person dies ask for information or help which is not
an unnatural death whilst living under the accessible for groups of disabled people,
care of the State, for example by committing including Deaf people and people with
suicide in prison or a mental health speech impairments.
institution, an investigation must be
carried out.
Situations of risk and Equal recognition before the law
humanitarian emergencies Article 12 says:
Article 11 says:
Disabled people have the right to equal
Governments must take all necessary recognition as people before the law.
steps to make sure that disabled people Disabled people have the right to make
are protected and safe in situations their own decisions in all areas of life,
of risk – such as war, famine and on the same basis as other people.
natural disasters.
Governments should provide access
to support that might be needed by
What does this mean? disabled people in making their own
decisions.
When governments and public bodies
are planning for emergencies, then they If decisions are made that relate to a
should think about safety for disabled person’s capacity to understand, then
people. Also, when there is an emergency, there must be safeguards against abuse:
then they should take steps to make sure your rights and choices must be
that disabled people are safe. respected, and someone else should
only be speaking for you to the extent
For example, Local Strategic Partnerships that it is necessary and for as long as is
in places that are at higher risk of flooding appropriate. There should be a regular
should identify risk factors for disabled and independent review of the steps
people (residents and visitors) and make taken to make sure that there is no
plans to address the risks. conflict of interest and that the disabled
person’s rights and interests are
In a case of an unexpected emergency, for properly respected.
example flights being grounded because
20www.equalityhumanrights.com
Government must do everything they When the UK ratified the
can to ensure disabled people can own Convention it made a ‘reservation’
and inherit property like anyone else, to this Article. This was to be clear
manage their own money and access that there is not yet a system in place
bank loans and mortgages. for regular review of whether appointees
(people who are given the right to deal
with benefits on behalf of a disabled
What does this mean? person) should continue in that role.
This means that disabled people cannot
be denied the right to make their own
decisions. If they need help to make Access to justice
decisions, then this should be given. Article 13 says:
It also says that disabled people should
Disabled people must have the same
be financially independent and have
rights to go to court, take other people
access to financial services.
to court, act as witnesses and take part in
what happens in courts as anyone else.
Disabled people must be given support
Example: Equal to do this which may include the
recognition before provision of sign language.
the law There should be appropriate training
for courts, police and prison staff to
If your council gives you Direct
support this right.
Payment, but they say that the
bank account must be looked after
by another person or group (for What does this mean?
example, Independent Living Service),
then you can use this Article to Current disability discrimination law
demand that the council explains why places a duty on courts to treat disabled
they think this would be necessary. people fairly and give them extra help to
You could use this Article together take part on an equal basis. For example,
with the Mental Capacity Act to if a court user has a visual impairment
challenge their reasons if you do then the court should send out
not agree with the council. information in an accessible format.
Or if a person with autism needs to visit
the court in advance, so that they don’t
get worried when the actual court case
If you have someone else to speak for takes place, then the court should
you in certain situations (for example, organise this.
financial matters), then the government
must make sure that the person It also means that sometimes the
speaking on your behalf cannot abuse government should give extra help
their position. to disabled people to enable them to
participate in the court, as claimant,
defendant, witness or appropriate adult.
21UN Convention on the Rights of People with Disabilities
This support could be, for example, disabled people are never deprived
through ‘intermediaries’, legal aid or of their liberty just because they
specialist services. are disabled
disabled people are protected from
There have been cases under Article 6
arbitrary detention. If a disabled
of the Human Rights Act/European
person is detained or deprived of
Convention on Human Rights (the right
their liberty they are provided with
to a fair trial) which makes it clear that
reasonable adjustments and
defendants who use a language which is not
measures are in place to safeguard
English have the right to an interpreter.
their other human rights (for example
the right to a fair hearing, the right to
In 2009, the court said that if a witness
be free from degrading treatment).
with a mental health condition is not
given appropriate support but instead
treated as an unreliable witness because What does this mean?
of stereotyping or false assumptions,
then this may amount to breach of right The right to liberty means you have a right
to be free from degrading treatment.(2) not to be locked in a cell or a room, or
have your movement restricted in any
Anecdotal evidence shows that many other extreme way. It is not an absolute
disabled people continue to find the court
right. It can be limited in a very few
system complicated, intimidating and
specific circumstances, such as if you are
expensive. That may be why few human
rights cases are brought to court by disabled convicted of a crime which carries a prison
people. The government should think about sentence. Governments can also pass laws
how to better support disabled people. about putting people with severe mental
health conditions in hospital for treatment
The Equality and Human Rights as long as certain conditions are satisfied
Commission can support some disabled
and appropriate safeguards are in place.
people with discrimination cases but
cannot support everyone. There are a
number of other organisations that can Freedom from torture or cruel,
assist. These are listed in Part 4. inhuman or degrading
treatment or punishment
Article 15 says:
Liberty and security of the
person No one must be tortured or subject to
Article 14 says:
cruel, inhuman or degrading treatment.
Governments must make sure that: Disabled people must never be subject
to medical experiments they have not
disabled people enjoy the same right
freely agreed to be part of.
to liberty and security as everyone else
2 The full name of this case is R (B) v Director of Public Prosecutions (Equality and Human
Rights Commission intervening) [2009] EWHC 106 (Admin) [2009] WLR (D) 25 QBD.
22www.equalityhumanrights.com
What does this mean? Freedom from exploitation,
This right is about protecting human violence and abuse
dignity. Article 16 says:
Inhuman treatment means Governments must do everything they
treatment which causes severe can to:
mental or physical harm.
protect disabled people from all forms
Degrading treatment means
of exploitation, violence and abuse at
treatment that is grossly
home and in the community
humiliating and undignified.
prevent all forms of violence and abuse
There are many situations where inhuman against disabled people ensure disabled
or degrading treatment can occur and people know how to recognise and
disabled people often find themselves in report violence and abuse. Governments
situations of vulnerability, such as living must support the recovery of disabled
in institutions or being reliant upon others people who have been victims of
for intimate personal care, which place violence and abuse. This should be done
in a way that supports people to regain
them at greater risk.
control over their lives
In Britain, there are lots of systems in put in place strong laws to make sure
place to protect disabled people against instances of violence and abuse against
degrading or inhuman treatment. Public disabled people are identified,
investigated and prosecuted.
bodies have a duty to make sure you are
not treated in an inhuman or degrading
way by private care providers or indeed What does this mean?
members of your own family. If public This Article sets out detailed steps of
bodies find out about such treatment, or if how to prevent or address exploitation,
they should have been aware, they have a violence and abuse.
duty to act. In relation to health and social
care, there are regulators in each country In Britain, nearly all forms of exploitation,
violence and abuse count as crimes.
in Britain which check whether health and
Disabled people are four times more
social care providers are treating service
likely to be the victim of a crime than
users in a dignified way. In England this other people and are twice as likely to
is the Care Quality Commission, in Wales be the victim of a violent attack. Any crime
the Care and Social Services Inspectorate involving disability hostility or prejudice
Wales, and in Scotland the Scottish should be treated as a hate crime and
Commission for the Regulation of Care. attract a stiffer sentence.
Other inspectorates, for example, Her
Britain has disability hate crime legislation
Majesty’s Inspectorate of Prisons, also
(separately for England, Wales and
have a role. Scotland), but the Equality Duty also places
a responsibility on public authorities under
23UN Convention on the Rights of People with Disabilities
the Equality Act to take action to address bodies. People have the right to be
the behaviour and attitudes of those who respected by others just as they are.
carry out hate crime, as well as take steps
so that disabled people can live in safety Sterilising a disabled person against their
and security. will or without their knowledge, over-
medicating residents in care homes or
For example, the police should make sure forcing a disabled person into a marriage
that disabled people can report hate crime could violate this right.
incidents, for example by making police
stations accessible, training police officers,
Liberty of movement and
and raising awareness among disabled
nationality
people of their rights.
Article 18 says:
Article 16 says that there needs to be
Governments must recognise that
independent monitoring of facilities
disabled people have equal rights to
and programmes for disabled people.
decide where they live and to move
In Britain this role is usually carried
between countries, and that they have
out by inspectorates and regulators, for
a nationality. They should do this
example Her Majesty’s Inspectorate of
through taking steps, including making
Constabulary.
sure that disabled people;
Abuse can also happen in other places can obtain or change a nationality
like schools. You could use this Article have papers, like passports
to highlight the need to monitor the
can leave any country including
effectiveness of safeguarding systems
their own
in education for disabled children and
disabled teachers. can enter their own country without
discrimination on basis of disability.
Disabled children have the right to a
Protecting the integrity of the name from birth, a right to be a citizen
person and if possible, the right to know and be
Article 17 says: cared for by their parents.
Every disabled person has the same
right as anyone else to respect for their What does this mean?
physical and mental integrity.
This means that disabled people should
not be restricted to go to another country
What does this mean? or to come back to their country of
permanent residence. It could mean that
This means that disabled people’s minds the government needs to take steps so that
and bodies are their own. No one should airport security measures or passport
ever treat a disabled person as less of a requirements do not discriminate against
person or interfere with their minds and disabled persons.
24www.equalityhumanrights.com
One of the fundamental principles Living independently and
of European Community law is free being included in the
movement of persons. If a disabled British community
citizen moves to another country in the Article 19 says:
European Community they should still be
able to claim certain disability benefits. Disabled people have an equal right to
live in and take part in the community.
When it ratified the Convention the
Disabled people have the right to the
UK Government made a statement
same choice and control as non-
(a ‘reservation’) about immigration matters
disabled people.
which limits the impact of this Article and
indeed the whole Convention, with respect Governments should do everything
to immigration, in the UK. It means that they can to ensure disabled people
the UK Government will continue to apply enjoy these rights.
whatever immigration rules it thinks are Governments should ensure that;
necessary (regardless of whether they
disabled people have the right to
would conflict with the Convention).
choose where they live and who they
The Equality and Human Rights
live with – no disabled person should
Commission believes that this reservation
be unlawfully forced into a particular
is incompatible with the object and
living arrangement (for example be
purpose of the Convention and should
forced to live in a care home against
not be permitted under Article 46 of
their will)
the Convention.
disabled people have access to a wide
range of support services (at home
The UK made a similar reservation and in the community) including
on immigration and citizenship to personal assistance to prevent
the UN Convention on the Rights isolation and support inclusion
of the Child. However, in 2008
disabled people can access the same
the reservation was eventually
community services as everyone else.
withdrawn. This followed strong
criticism in two reports by the
United Nations Committee on the
What does this mean?
Rights of the Child, combined with
campaigning by children’s rights This right makes clear that the aim of social
organisations. Withdrawing the
support services should be to enable genuine
reservation gave vulnerable children
and meaningful participation of disabled
seeking asylum, those trafficked
people in the community. When carrying
into the UK and others subject to
out assessments, social services should not
immigration control, the same rights
just look at the ability of disabled people
to education, health and support
to carry out daily living activities, such
services as British children.
as washing and getting dressed, but also
whether disabled people need support
to participate in the community.
25UN Convention on the Rights of People with Disabilities
It could mean that government and local people can get around, in the way they
authorities need to make it easier for want to – disabled people should be able
disabled people to move to a different to decide for themselves what this might
local area in England, Scotland or Wales – be. When planning for a transport
for example through ensuring continuity infrastructure, public authorities should
of care and support. think about how disabled people are
affected, particularly those who rely on
The steps that a government can take one type of transport.
to enable independent living and full
participation in the community are wide- You could use this Article to highlight the
ranging and are also detailed in other need for public bodies to think about
rights listed in the Convention. For affordable mobility aids. For example,
example the right to be free from violence blind people often have to pay for a white
(placing a responsibility on police to deal stick. Providers of mobility aids should
with abuse in your local area) and the also think about the purpose of the
right to participate in leisure. mobility aids. For example, a wheelchair
centre should include in their assessment
Personal mobility
where the wheelchair user wants to go –
Article 20 says:
and what they like to do (for example, do
they do sports; do they travel abroad).
Government should do everything
possible to ensure disabled people
can get around as independently as
possible, including by; Example 1: Personal
ensuring people can travel when they mobility
want at a price they can afford
A local council provides transport for
ensuring people have access to quality, people with learning disabilities
affordable mobility aids including between their home and a day centre.
new technology or help from other If one person or a group wants to visit
people to help them get around a museum, then they still have to come
providing mobility training to to the day centre first, where transport
disabled people and staff working will be provided to the museum, and
with them back to the centre. However this means
that there is not much time for the
encouraging manufacturers of
actual visit to the museum. The users
mobility aids and technologies to
of the day centre could use Article 20
think about all aspects of mobility
(with Article 30 which is the right to
for disabled persons.
take part in culture) to say that the
council should enable them to travel
What does this mean? directly from their home to the
museum – for example by giving
It means that the government and public travel training.
bodies should take steps so that disabled
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