UN Human Rights Treaties

A/AC.265/WP.2
31 July 2002
Original: English
02-50465 (E)
*0250465*
Ad Hoc Committee on a Comprehensive and
Integral International Convention on Protection
and Promotion of the Rights and Dignity of
Persons with Disabilities
New York, 29 July-9 August 2002
Comprehensive and integral international convention
to promote and protect the rights and dignity of persons
with disabilities
Position paper by the European Union
Reference is made to the following resolutions and documents:
Resolution 2000/51 adopted by the Commission on Human Rights on 25 April
2000. The resolution incorporates and expands resolution 1998/31 of 21 April 1998
and contains a number of statements and recommendations for the future
development of disability as a human rights issue. An essential outcome of the
endeavours of the Office of the High Commissioner for Human Rights in this
respect is a study on human rights and disability entitled “The current use and future
potential of United Nations human rights instruments in the context of disability”,
presented to the fifty-eighth session of the Commission on Human Rights, drawing
the attention of Governments, United Nations bodies, non-governmental
organizations and other relevant actors to its recommendations
(E/CN.4/2002/18/Add.1);
Resolution 56/168 adopted by the General Assembly on 19 December 2001. The
resolution, inter alia, decides to establish an ad hoc committee, open to the
participation of all Member States and observers of the United Nations, to consider
proposals for a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities, based on a holistic
approach in the work done in the fields of social development, human rights and
non-discrimination and taking into account the recommendations of the Commission
on Human Rights and the Commission for Social Development;
Resolution of 21 February 2002 of the Commission for Social Development
concerning a comprehensive and integral international convention to promote and
protect the rights and dignity of persons with disabilities;

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Resolution of 27 February 2002 of the Commission for Social Development
concerning “Further promotion of equalization of opportunities by, for and with
persons with disabilities and protection of their human rights”;
Resolution 2002/61 adopted by the Commission on Human Rights on 25 April
2002 concerning “Human rights of persons with disabilities”. The resolution, inter
alia, calls for a strengthening of the work of the United Nations on human rights and
disability;
E/CN.5/2002/4 — Report of the Special Rapporteur of the Commission for Social
Development on monitoring the implementation of the Standard Rules on the
Equalization of Opportunities for Persons with Disabilities on his third mandate,
2000-2002.
The European Union is committed to a rights-based approach to questions
concerning people with disabilities. In 1996 the Member States meeting in Council
of the European Union adopted a resolution on equality of opportunity for people
with disabilities. In accordance with article 13 of the Treaty establishing the
European Community, which mandates the European Union to take appropriate
action to combat discrimination, on 27 November 2000, the Council adopted
directive 2000/78 on the establishment of a General Framework for Equal Treatment
in Employment and Occupation, which covers, inter alia, disability. Such an
approach is also consistent with article 21 of the Charter of Fundamental Rights of
the European Union, which prohibits discrimination based on any grounds,
including disability, and article 26, which recognizes the right of persons with
disabilities to benefit from measures designed to ensure their independence, social
and occupational integration and participation in the life of the community.
Furthermore, the European Union has proclaimed 2003 as the European Year of the
People with Disabilities with the aim of raising awareness of the rights of people
with disabilities to protection against discrimination and to full and equal enjoyment
of their rights.
The Member States of the European Union are prepared to take an active and
engaged part in the work of the Ad Hoc Committee on all practical and procedural
issues as well as on establishing the basis for future discussions. This commitment
emanates from a basic understanding that the mandate of the Committee requires
consideration of “proposals for a comprehensive and integral international
convention to promote and protect the rights and dignity of persons with
disabilities”, and that the mentioning of a specific legal instrument does not exclude
the Committee from considering other options as well.
The European Union, at this point in time, would like to keep an open mind on
the ultimate shape and content of this legal instrument. It notes that the options
concerning the shape of such instrument would include the following:
• A general instrument focusing on the transcendent norm of equality and nondiscrimination
with respect to human rights in the context of disability;
• A general human rights convention containing both civil and political as well
as economic, social and cultural rights tailored to the particular circumstances
of people with disabilities;
• A narrower instrument focusing on one or the other set of human rights;

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• An instrument of general principles with the possibility of subsequent optional
protocols containing progressively greater details;
• Optional protocols to one or several of the existing international human rights
instruments.
The European Union welcomes the forthcoming work towards an integral
international convention to promote and protect the rights and dignity of persons
with disabilities. At this early state in the process, and without prejudice to a debate
on general principles of the Ad Hoc Committee, the initial preference of the
European Union, with respect to the shape and content of a legal instrument, would
be for one containing general principles, mainly including equality and nondiscrimination
with respect to human rights in the context of disability.
The European Union considers it to be of the utmost importance that any
process of elaborating a convention should take place in parallel with concrete
efforts to further mainstream the disability perspective into the monitoring
mechanisms of the six core United Nations human rights conventions. Furthermore,
the European Union is firmly of the view that the elaboration of a convention should
not delay the ongoing process of refining and updating the United Nations Standard
Rules. In its view, any future legal instrument must be mutually supportive with the
United Nations Standard Rules.
In any subsequent drafting process it must be kept in mind that any legal
instrument should be enforceable and realistic. A poorly drafted instrument could
end up reinforcing a segregationist tendency in law and policy for persons with
disabilities. Therefore, it must be avoided that any new instrument should undermine
or duplicate other international human rights rules or standards. Standards below
already existing human rights standards must not be accepted. It is also crucial to
make sure that new rules are consistent with existing rules and regulations, except in
the case where an improvement or clarification is intended.
In order to expedite the process, the Ad Hoc Committee should refrain from
discussing utopian proposals, or proposals that in other contexts have proved
impossible to carry through.
The European Union considers it of vital importance that an effective
monitoring mechanism is attached to any kind of legal instrument that will
eventually be the outcome of these discussions. Proposals in this regard should also
take due note of existing mainstream mechanisms to the maximum possible extent.
A comprehensive and integral international instrument to promote and protect the
rights and dignity of persons with disabilities should build on the existing positive
achievements of the human rights treaty bodies in the field of disability. It should
complement and strengthen the work done by the treaty monitoring bodies under the
six core human rights treaties. However, at this early stage of the work of the Ad
Hoc Committee, it seems premature to go into specifics. The European Union will
revert to this matter in due course.