Ratification of the UN Convention on the Rights of Persons with Disabilities: The Current Standing

The United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted on 13.12.2006 by the General Assembly of the UN. This Convention is the first human rights convention of the new century and it is not only an anti-discrimination convention, but also brings a wide range of classic and fundamental human rights to the forefront.

From a European perspective it is the first human rights convention that the EU has handled and signed. On a wider scale it marks a breakthrough for the recognition of the rights and special needs of the 650 million disabled persons of the world, by clearly aiming for the inclusion of disabled persons in all areas of life.

According to Article 1 of the Convention, “[t]he purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”.

: UNO Headquarters in New York

Current standing regarding signing and ratification of Convention and Optional Protocol:
•   Convention: signed by 137 countries
•   Ratified by 48
•   Optional Protocol: signed by 81 countries
•   Ratified by 28

30 days after reaching the 20th ratification the treaty came into power and this landmark occurred on the 3rd May 2008.

In spite of the widespread international appreciation of this treaty and its goals, a surprisingly large number of countries have yet to pledge full commitment to the Convention, by taking the legally binding step of ratification. Some of these include the Netherlands, France, Ireland, Belgium, Denmark, Luxemburg, Germany and Japan. The delay in ratification has been clouded by a lack of transparency and a failure by governments to set out clear reasons for the delay.

Britain and Ireland Delay Ratification
Despite having originally agreed to do so by the end of 2008, the United Kingdom, one of the first countries to sign the Convention, have not yet ratified the treaty. This led the UK Equality and Human Rights Commission to comment on 5th January that Britain’s delay in ratifying the treaty risks damaging its reputation as a leader on disability rights. British government commented that it wanted to take due care in ensuring that British legislation was in harmony with the framework of the Convention. This has been echoed by other governments, including Sweden. Sweden however ratified the treaty and the optional protocol on 15th December 2008.

In Ireland, at the AGM of the Irish Wheelchair Association in May 2008, Sir Bert Massie, CBE, internationally renowned disability rights advocate, supported the views of the members of the IWA by saying that: “The convention is one of the most important documents of the past decade in that it gives standards to which every country can aspire”. He went on to note that he didn’t think “there is anything in the convention that anyone could logically disagree with, yet there seems to be an unjustified fear amongst politicians that, if they ratify it, it will be used as a stick to beat them with”.

International Human Rights Issues
International differences regarding respect for human rights issues arises when one examines the list of countries that have already ratified the Convention. Countries with poor histories of human rights such as Uganda and China have already gone through the process of ratification. While the acceptance of the UN Convention by such nations is applaudable, one has to question whether advanced nations failure to do so signifies lack of willingness or is a mere reflection of their slower bureaucratic political systems. In either case given the initial overwhelming international acceptance of the treaty, it is hoped that the momentum in enshrining the rights of people with disabilities will not be lost.

Organisations supporting the rights of people with disabilities believe that governments need to ratify the Convention and the Optional Protocol to ensure that the purpose of the UN Convention is fulfilled.

Author: PmcC - MyH, 02/03/2009