PART 2.1
rights treaties, the Convention on the Rights
of the Child, contained specific provisions on
disability.106 As a consequence, the relevant
rights have generally needed to be extrapolated
from broader principles such as equality before
the law, the right to equal protection by the law,
and non-discrimination.
In December 2006 the General Assembly
adopted a comprehensive convention on
the rights of persons with disabilities.107 The
Convention, which entered into force early in
2008, built on a strong history of international
activity in the area of disability rights.108 It
The Convention on the Rights of the Child lists disability
as a prohibited ground of discrimination (art. 2); and
states that children with disabilities are entitled to a
“full and decent life” of dignity and participation in the
community (art. 23).
106
Convention on the Rights of Persons with Disabilities.
Note that its Optional Protocol provides for the right
of individual and group petition to the implementing
committee.
107
See, for example, Declaration on the Rights of
Mentally Retarded Persons, General Assembly resolution
2856 (XXVI); Declaration on the Rights of Disabled
Persons, General Assembly resolution 3447 (XXX);
Declaration on the Rights of Deaf-Blind Persons, in
Conference of Hope: Proceedings of the First Historic
Helen Keller World Conference on Services to DeafBlind Youths and Adults (1979); World Programme of
Action concerning Disabled Persons, General Assembly
resolution 37/52; ILO Convention (No. 159) Concerning
Vocational Rehabilitation and Employment (Disabled
Persons), adopted 20 June 1983, entered into force
20 June 1985; Principles for the Protection of Persons
with Mental Illness and for the Improvement of Mental
Health Care, General Assembly resolution 46/119; and
Standard Rules on the Equalization of Opportunities for
Persons with Disabilities, General Assembly resolution
48/96 [Hereinafter: 1993 Standard Rules]. See also
the reports of the Special Rapporteur on Disability,
whose mandate includes monitoring the implementation
of the 1993 Standard Rules (E/CN.5/2007/4, E/
CN.5/2006/4, E/CN.5/2005/4, E/CN.5/2002/4
and E/CN.5/2000/3). See further “The right of
education of persons with disabilities: Report of the
Special Rapporteur on the Right to Education, Vernor
Muñoz” (A/HRC/4/29).
108
72
has been identified as marking a “paradigm
shift”, a clear move away from viewing
persons with disabilities as objects (of charity,
medical treatment and social protection) and
towards viewing them as subjects of clearly
defined rights who are themselves capable of
claiming those rights and making decisions
for their lives. The Convention adopts a broad
definition of “disability” bringing within its
scope “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” (art. 1).
It affirms that all persons with all types of
disabilities must enjoy all human rights and
fundamental freedoms. It further clarifies how
certain rights apply to persons with disabilities
and identifies areas where adaptations are
required in order to ensure that persons with
disabilities are able to exercise their rights
effectively.
The following provisions are of particular
relevance to the issue of trafficking and
disability:
• Obligation to guarantee that persons with
disabilities enjoy their inherent right to life
on an equal basis with others (art. 10);
• Obligation to ensure the equal rights and
advancement of women and girls with
disabilities (art. 6);
• Obligation to protect children with
disabilities (art. 7);
• Obligation to ensure that laws and
administrative measures guarantee freedom
from exploitation, violence and abuse.
In the event of abuse, States parties shall
promote the recovery, rehabilitation and
reintegration of the victim and investigate
the abuse (art. 16); and
• Obligation to protect the physical and
mental integrity of persons with disabilities
(art. 17).
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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