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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