UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2000/L.67
18 April 2000
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-sixth session
Agenda item 14
SPECIFIC GROUPS AND INDIVIDUALS
Albania*, Argentina, Australia*, Austria*, Belarus, Belgium*, Bosnia and Herzegovina*,
Botswana, Cameroon*, Canada, Colombia, Congo, Croatia*, Cyprus*, Denmark*,
Ecuador, El Salvador, Finland*, France, Germany, Greece*, Guatemala, Hungary*,
Iceland*, Ireland*, Israel*, Italy, Japan, Libyan Arab Jamahiriya*, Luxembourg,
Madagascar, Malta*, Morocco, Netherlands*, Norway, Peru, Philippines, Poland,
Portugal, Romania, San Marino*, Senegal, South Africa*, Spain, Sudan, Sweden*,
Switzerland*, Thailand*, Ukraine*, United Kingdom of Great Britain and
Northern Ireland: draft resolution
2000/… Human rights of persons with disabilities
The Commission on Human Rights,
Mindful of the pledge made by States, under the Charter of the United Nations, to take
action jointly and separately, in cooperation with the United Nations, in order to promote a better
quality of life, full employment, and conditions for economic and social progress and
development,
Recalling that all persons with disabilities have the right to protection against
discrimination and to full and equal enjoyment of their human rights, as laid down, inter alia, in
the provisions of the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights,
* In accordance with rule 69, paragraph 3, of the rules of procedure of the functional
commissions of the Economic and Social Council.
GE.00-13174 (E)
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the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination against Women and the Vocational Rehabilitation and Employment (Disabled
Persons) Convention, 1983 (Convention No. 159) of the International Labour Organization,
Recalling also the report of the Secretary􀀀General to the General Assembly on the third
quinquennial review and appraisal of the World Programme of Action concerning Disabled
Persons (A/52/351),
Reaffirming the continuing validity and value of the World Programme of Action
concerning Disabled Persons, adopted by the General Assembly at its thirty-seventh session,
which provides a firm and innovative framework for promoting and protecting the human rights
of persons with disabilities,
Mindful of the unreserved reaffirmation in the Vienna Declaration and Programme of
Action and by the Fourth World Conference on Women of the human rights and fundamental
freedoms of persons with disabilities, as well as the recognition in the Programme of Action of
the International Conference on Population and Development and the Programme of Action of
the World Summit for Social Development of a pressing need for, inter alia, the realization of the
goals of full participation and equality for persons with disabilities,
Reaffirming its resolution 1998/31 of 17 April 1998 on the human rights of persons with
disabilities,
Recalling General Assembly resolution 48/96 of 20 December 1993, by which the
Assembly adopted the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities (Standard Rules),
Noting the final 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 (E/CN.5/2000/3, annex),
Reaffirming Economic and Social Council resolutions 1997/19 of 21 July 1997 on
equalization of opportunities for persons with disabilities and 1997/20 of 21 July 1997 on
children with disabilities,
Recalling General Assembly resolution 52/107 of 12 December 1997, in which the
Assembly called for the full and equal enjoyment of all human rights and fundamental freedoms
by children with disabilities,
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Welcoming initiatives to hold international conferences relating to persons with
disabilities, including the holding of the Sixth World Assembly of Disabled People’s
International in Japan in 2002,
Re-emphasizing the responsibility of Governments for removing or facilitating the
removal of barriers and obstacles to the full integration and participation of persons with
disabilities in society, and supporting their efforts to develop national policies to reach specific
objectives,
Recognizing the contribution of non-governmental organizations, especially
organizations of persons with disabilities, in the global effort to bring about full participation and
equality for persons with disabilities and to ensure the full enjoyment of human rights by persons
with disabilities,
Noting the reports of Mr. Leandro Despouy, Special Rapporteur of the Sub-Commission
on Prevention of Discrimination and Protection of Minorities, and the Office of the
United Nations High Commissioner for Human Rights publication Human Rights and Disabled
Persons, in which international mechanisms for the promotion and protection of the human rights
of persons with disabilities, such as an ombudsman, are proposed,
Noting also the International Labour Organization survey of the law and practice of
States parties to Convention No. 159,
Noting with interest the adoption by the Organization of American States of the
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons
with Disabilities on 7 June 1999 as one good example of regional concern and action,
Noting with interest also the changes brought about by the Treaty of Amsterdam 1997
enabling the European Community to adopt appropriate measures to combat discrimination on
the grounds, inter alia, of disability,
Concerned at the extent of disabilities caused by the indiscriminate use of anti-personnel
mines, particularly among civilian populations,
1. Recognizes that any violation of the fundamental principle of equality or any
discrimination or other negative differential treatment of persons with disabilities inconsistent
with the United Nations Standard Rules on the Equalization of Opportunities for Persons with
Disabilities is an infringement of the human rights of persons with disabilities;
2. Calls upon the Secretary-General to maintain the integrity of programmes within
the United Nations system relating to persons with disabilities, including the United Nations
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Voluntary Fund on Disability, in order to promote the rights and the equalization of opportunities
and full inclusion within societies of persons with disabilities;
3. Notes with appreciation the valuable work undertaken by the Special Rapporteur
on disability of the Commission for Social Development as recommended in resolution
E/CN.5/2000/L.6 of that Commission;
4. Invites the Special Rapporteur of the Commission for Social Development to
address the Commission on Human Rights at its fifty-eighth session;
5. Takes note of the third global survey undertaken by the office of the Special
Rapporteur on disability in collaboration with the World Health Organization;
6. Calls upon States to cooperate fully with the Special Rapporteur, to meet his
requests for information and to provide relevant data to the Committee on Economic, Social and
Cultural Rights;
7. Encourages non-governmental organizations active in the promotion and
protection of the human rights of persons with disabilities to cooperate closely with each other
and to provide relevant information to the Committee on Economic, Social and Cultural Rights
and to the Office of the High Commissioner for Human Rights;
8. Also encourages such non-governmental organizations to avail themselves of the
technical assistance of the Office of the High Commissioner for Human Rights to assist them to
function effectively in the human rights sphere;
9. Encourages Governments to support non-governmental organizations active in the
promotion and protection of the human rights of persons with disabilities in accordance with
Rule Eighteen of the Standard Rules;
10. Recognizes the right of persons with disabilities, individually and collectively, to
form and become members of organizations of persons with disabilities and the right of such
organizations to speak for and act as legitimate representatives of their members;
11. Invites all the human rights treaty monitoring bodies to respond positively to its
invitation to monitor the compliance of States with their commitments under the relevant human
rights instruments in order to ensure full enjoyment of those rights by persons with disabilities,
and urges Governments to cover fully the question of the human rights of persons with
disabilities in complying with reporting obligations under the relevant United Nations human
rights instruments;
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12. Invites all special rapporteurs, in carrying out their mandates, to take into account
the situation and human rights of persons with disabilities;
13. Urges Governments to implement, with the cooperation and assistance of relevant
organizations, the Standard Rules on the Equalization of Opportunities for Persons with
Disabilities, having particular regard for the needs of women, children and persons with
developmental and psychiatric disabilities in order to guarantee their human dignity and
integrity;
14. Invites Governments and the private sector to contribute to the United Nations
Voluntary Fund on Disability, with a view to providing additional support for the
implementation of the Standard Rules, within the context of the World Programme of Action
concerning Disabled Persons;
15. Requests the Secretary-General to continue to ensure appropriate support for the
effective functioning of the Long-Term Strategy to Implement the World Programme of Action
concerning Disabled Persons to the Year 2000 and Beyond;
16. Expresses grave concern that situations of armed conflict have especially
devastating consequences for the human rights of persons with disabilities;
17. Welcomes increased international efforts in various forums with respect to
anti-personnel mines, and in this regard takes due note of the conclusion and entry into force of
the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-personnel Mines and on Their Destruction, as well as of the amended Protocol II to the
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which
May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects;
18. Calls upon all States and relevant United Nations bodies, including the Voluntary
Trust Fund for Assistance in Mine Clearance, to contribute on an ongoing basis to international
mine-clearance efforts, and urges States to take further action to promote gender- and
age-appropriate mine-awareness programmes and rehabilitation, thereby reducing the number
and the plight of victims;
19. Encourages the development of programmes for persons with disabilities to
enable them to develop their potential to participate fully in all aspects of society;
20. Requests the Secretary-General to report biennially to the General Assembly on
the progress of efforts to ensure the full recognition and enjoyment of the human rights of
persons with disabilities;
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21. Also requests the Secretary-General to make available to the Commission at its
fifty-seventh session the latest report of the Special Rapporteur on disability of the Commission
for Social Development on his monitoring of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities;
22. Calls upon the United Nations Development Programme and all
intergovernmental institutions for development cooperation to integrate disability measures into
their mainstream activities;
23. Requests that all United Nations organizations and specialized agencies address
the problems that exist in creating equal opportunities for persons with disabilities at all levels;
24. Encourages Governments to work towards developing appropriate education
policies and practices for children and adults with disabilities, to include persons with disabilities
in strategies and plans aimed at eradicating poverty, promoting education and enhancing
employment, and to take account of the right of persons with disabilities to housing, shelter,
transport and supportive equipment;
25. Invites the International Labour Organization, in cooperation with Governments
and intergovernmental bodies, to take the lead internationally in formulating policies and
strategies that will lead to equal job opportunities;
26. Invites Governments and non-governmental organizations to collect and collate
appropriate information and data on persons with disabilities to assist in the formulation of
effective policies to address issues of equality;
27. Recommends that the Office of the High Commissioner for Human Rights take
account of information on legislation affecting the human rights of persons with disabilities
which has been collected by the Special Rapporteur on disability of the Commission for Social
Development;
28. Invites multilateral development agencies, in the light of the Standard Rules, to
pay due regard to the question of access and related disability rights issues in connection with the
projects they sponsor and fund;
29. Reaffirms its commitment to ensuring that the human rights of persons with
disabilities and their concerns for full participation in all aspects of society continue to be
addressed in all of its work;
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30. Invites the High Commissioner for Human Rights, in cooperation with the Special
Rapporteur on disability of the Commission for Social Development, to examine measures to
strengthen the protection and monitoring of the human rights of persons with disabilities and to
solicit input and proposals from interested parties, including particularly the Panel of Experts;
31. Decides to continue its consideration of this question at its fifty-eighth session
under the same agenda item
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