Convention on the Rights of Persons with Disabilities
United Nations human rights convention and the UK Government's involvement
The United Nations (UN) set up an international human rights convention on the rights of disabled people. The UK was actively involved in this process and the Government believes it will play an important part in protecting and promoting disabled people's human rights around the world.
The UN's Enable website gives detailed information on the UN's work on disability rights, including the work of the committee that deals with the Convention on Disability Rights.
Aim of the Convention
The convention marks a significant step forward in ensuring disabled people across the world have the same human rights as every one else and sets international human rights standards for disabled people.
It aims to enable the 650 million disabled people in the world to access existing human rights.For example, the convention covers areas such as the rights to life, access to justice, to personal mobility, to health, to education and to work.
Go to http://www.un.org/esa/socdev/enable/.
Reservations to the UN Convention: a response to the Equality and Human Rights Commission
On 26 January, James Purnell, the Secretary of State for Work and Pensions, responded to the letter from Baroness Jane Campbell, the Equality and Human Rights Commissioner, regarding the number of reservations requested from the UN Convention.
Restating the Government's commitment to ratification of the Convention in the Spring, the Secretary explained that pressing on with ratification now, albeit with a small number of reservations is necessary "so that the important messages that the Convention gives about equality of human rights for disabled people across all aspects of life are clearly made, and so that we can look towards implementation". Continuing, he welcomed "the pragmatic view that has previously been expressed by the Commissionโs Disability Committee that it would be better to ratify sooner on the basis of a handful of reservations than later."
In his letter, James Purnell also explained the rationale for the position of the Department for Work and Pensions on Article 12.4 of the Convention, and the arrangements whereby a person may be appointed to exercise rights in relation to social security claims and payments on behalf of an individual who is for the time being unable to act. Those arrangements are not at present subject to the safeguard of regular review as DWP believes the Article requires, and so the Department is now actively working towards a proportionate system of review.
UN Convention news - February 2009
On Tuesday 3 February Jonathan Shaw MP, the Minister for Disability made a statement to the House that the UK will be signing the Optional Protocol to the UN Convention. His full statement follows:
The Parliamentary Under-Secretary of State for Work and Pensions (Mr. Jonathan Shaw):
I am pleased to announce that the UK will sign the Optional Protocol to the UN Convention on the Rights of Persons with Disabilities as soon as practicable.
The Convention will reaffirm that disabled people have - and should be able to enjoy - their human rights on an equal basis with non-disabled people. The Optional Protocol builds on this by establishing two additional procedures in respect of implementation and monitoring of the Convention itself.
The first is a procedural avenue that, subject to meeting conditions set out in the Optional Protocol, will enable individuals or groups of individuals to bring petitions to the UN Committee that has been established to monitor implementation of the Convention if they believe that their Convention rights have been breached. The second is an inquiry procedure giving the Committee authority to undertake inquiries, when reliable information, is received into allegations of grave or systematic violations of Convention rights.
This is an important decision which further demonstrates the Governmentโs firm commitment to the Convention, on which our work towards ratification is continuing, and to the principle of ensuring equality of human rights for disabled people.
UN Convention news - December 2008
Lord McKenzie of Luton restated the Government's intention to ratify the UN Convention on Disability Rights and said that it is its ambition to do so in Spring 2009 in an answer to a Parliamentary Question on 18 December 2008:
Asked by Lord Morris of Manchester
To ask Her Majesty's Government further to the answers by Lord McKenzie of Luton on 9 July (Official Report, House of Lords, cols. 747โ50), when they now expect to ratify the United Nations Convention on Disability Rights. [HL384]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord McKenzie of Luton): The Government's intention is to achieve ratification at the earliest practicable opportunity. We have made considerable progress since the then Minister for Disabled People's Parliamentary Written Statement of 6 May (Hansard ref col. 29WS) which identified the issues under consideration. I am pleased to says that no reservations or declarations will be required in respect of aspects of mental health legislation; choice of place of residence; and cultural services. The Ministry of Defence, Home Office and Department for Children Schools and Families are finalising the terms of their reservations and/or declarations in respect of service in the Armed Forces, immigration and citizenship and the provision of special education. My department is considering whether there is a need for a reservation in respect of Article 12 (legal capacity) and the review of arrangements for benefit appointees. Given the steps that remain, our ambition is to ratify this convention in the spring of 2009. The time from signature to ratification of similar conventions by the UK varies considerably, and is on average four years, but we plan to ratify this convention in two years.
UN Convention news - November 2008
Minister for Disabled People, Jonathan Shaw, has reaffirmed the intention of the UK Government to ratify the UN Convention on the Rights of Disabled People.
Speaking at a hearing of the Joint Committee on Human Rights on 18 November, the Minister said:
โThe UK Government believes that the UN Convention is a powerful statement of disabled people's human rights which is why the United Kingdom signed the Convention, and why we are now working hard towards ratification. Good progress has been made, and whilst we will not be able to achieve this by the end of 2008, my ambition is that we do so in Spring 2009.
โThe UK takes the ratification of international treaties seriously and we do not ratify them until we are in a position to ensure we can implement their provisions. The work involved has necessarily been complex and time-consuming.
โI am aware that this may come as a disappointment to disabled people and their organisations, who have been frustrated that the pace of the process has not been quicker and that we will need to make a few reservations and interpretative declaration to enable us to ratify the Convention. Let there be no doubt, however, about either my personal commitment, or the commitment of the Government, both to the Convention, and to human rights for disabled people."
The Office of Disability Issues will continue to co-ordinate work on of the Convention across Government so that it can be ratified next year, and when the Convention is ratified the ODI will be working with disabled people and their organisations, and across Government, to continue to raise awareness and understanding of what the Convention means.
UN Convention News - May 2008
Anne McGuire, Minister for Disabled People, made a written statement to Parliament on 6 May 2008 setting out the Government's current position on the ratification of the UN Convention on Disability Rights. It set out the results of a review of laws, policies, practices and procedures in England, Wales, Scotland and Northern Ireland in the light of the Convention. In her statement, Anne McGuire highlighted a number of factors affecting the ratification timetable:
- the European Union is a party to the Convention
- the Government will need to consider making reservations or interpretive declarations in some areas and discussions on this are ongoing
- the position on the Optional Protocol, a separate international treaty linked to the Convention.
Please read the full statement here : http://www.officefordisability.gov.uk/docs/UN-Convention-on-Disability-Rights.pdf (PDF, 79KB, 2 pages).
The Government's response to the report of Parliament's Joint Committee on Human Rights on Adults with a Learning Disability
- http://www.officefordisability.gov.uk/docs/a-life-like-any-other-response.pdf (PDF, 1.9MB, 33 pages)
- http://www.officefordisability.gov.uk/docs/govt-response-easy-read.pdf (Department of Health Easy Read PDF, 2.7MB, 60 pages)
You can find the full report, 'A Life Like Any Other? Human Rights of Adults with Learning Disabilities', along with Easy Read PDF and audio versions, on the Publications and Records section of Parliament's website http://www.publications.parliament.uk/pa/jt/jtrights.htm (links to the parliament.uk website).
The UK signs the United Nations Convention on Disability Rights on 30 March 2007
The UK was among first countries to sign the United Nations Convention on Disability Rights on 30 March 2007.
Anne McGuire, Minister for Disabled People, signed the convention on behalf of the UK at a ceremony held at the UN in New York.
Signature signifies the intention of the state to proceed to ratification in due course and thus be bound by the obligations which the convention places on the state.
On 12 November 2007, Anne McGuire told the Joint Committee of Human Rights of Adults with Learning Disabilities Inquiry that she had set her officials the aim of securing ratification no later than the end of 2008.
Read more on the UN Convention on Disability Rights http://www.un-convention.info/index.html (links to the un-convention.info website) on this independent disability-related website.
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When: 7/2/2014
