UN Human Rights Treaties

UNITED
NATIONS
E
Economic and Social
Council
Distr.
LIMITED
E/CN.4/2002/L.84
17 April 2002
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-eighth session
Agenda item 14 (d)
SPECIFIC GROUPS AND INDIVIDUALS: OTHER VULNERABLE GROUPS
AND INDIVIDUALS
Albania*, Angola*, Australia*, Austria, Bangladesh*, Belarus*, Belgium,
Bosnia and Herzegovina*, Brazil, Cameroon, Canada, Colombia*, Congo*,
Croatia, Cyprus*, Czech Republic, Denmark*, Ecuador, Equatorial Guinea*,
Finland*, France, Germany, Greece*, Guatemala, Iceland*, Ireland*,
Italy, Luxembourg*, Madagascar*, Malta*, Mauritius*, Mexico,
Netherlands*, New Zealand*, Norway*, Peru, Philippines*, Poland,
Portugal, Romania*, Slovenia*, Spain, Sudan, Sweden, Switzerland*,
Thailand, The former Yugoslav Republic of Macedonia*, Tunisia*,
United Kingdom of Great Britain and Northern Ireland:
draft resolution
2002/… 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,
* In accordance with rule 69, paragraph 3, of the rules of procedure of the functional
commissions of the Economic and Social Council.
GE.02-13028 (E) 190402

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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, the Convention on the Rights of the Child, the Convention on the Elimination of
All Forms of Discrimination against Women and International Labour Organization
Convention No. 159 (1983) concerning Vocational Rehabilitation and Employment (Disabled
Persons),
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,
Recalling and reaffirming commitments relating to the human rights and fundamental
freedoms of persons with disabilities made at the major United Nations conferences and summits
since 1990 and their follow-up processes and stressing the importance of mainstreaming the
disability issue in their implementation,
Reaffirming its resolution 2000/51 of 25 April 2000,
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,
Noting the resolution adopted by the Commission for Social Development
on 21 February 2002 on a comprehensive and integral international convention to promote
and protect the rights and dignity of persons with disabilities,
Committed to maintaining consistency with the high quality of existing international
standards, and drawing the attention of the Ad Hoc Committee established in accordance with
General Assembly resolution 56/168 to Assembly resolution 41/120 and to paragraph II.6 of the
Vienna Declaration and Programme of Action reaffirming the guidelines relating to the
elaboration of new international standards, notably on the need to consult with human rights
treaty bodies on the necessity for drafting new standards,

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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 for the period 2000-2002 (E/CN.5/2002/4),
Welcoming the resolution adopted by the Commission for Social Development
on 21 February 2002 on further promotion of equalization of opportunities by, for and with
persons with disabilities and protection of their human rights,
Welcoming also initiatives to hold international conferences relating to persons with
disabilities,
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 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,
Also noting with interest the changes brought about by the Treaty of Amsterdam of 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 Standard Rules on the Equalization of Opportunities for Persons with Disabilities is an
infringement of the human rights of persons with disabilities;

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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
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. Welcomes the valuable work undertaken by the Special Rapporteur on disability
of the Commission for Social Development as well as his report to that Commission at its
fortieth session and supports his recommendations for future action and his proposal for
mainstreaming of the disability issue;
4. Invites the Special Rapporteur of the Commission for Social Development to
address the Commission on Human Rights at its fifty-ninth session on the human rights
dimension of his work and also invites him to regularly provide the Commission on Human
Rights with reports of experience on the human rights dimension gained by him and his panel
through monitoring the Standard Rules;
5. Recalls 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 of the
Commission for Social Development, to meet his requests for information and to provide
relevant data to the Committee on Economic, Social and Cultural Rights;
7. Welcomes the Study on Human Rights and Disability presented at the fifty-eighth
session of the Commission on Human Rights and draws the attention of Governments,
United Nations bodies, non-governmental organizations and other relevant actors to its
recommendations;
8. Calls upon the Office of the High Commissioner for Human Rights to consider in
its activities implementing the recommendations that relate to it in the Study on Human Rights
and Disability;
9. Urges Governments to consider nominating persons with disabilities for election
to the treaty monitoring bodies, bearing in mind relevant existing considerations for nominations
to treaty monitoring bodies;
10. Takes note with interest of General Assembly resolution 56/168
of 19 December 2001 establishing an Ad Hoc Committee to consider proposals for a
comprehensive and integral international convention to promote and protect the rights
and dignity of persons with disabilities;

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11. Recommends that the Ad Hoc Committee take into account the relationship
between the relevant human rights instruments and the Standard Rules and in so doing study
carefully the report and proposals made by the Special Rapporteur on disability of the
Commission for Social Development at the fortieth session of that Commission;
12. Requests the Office of the High Commissioner to make available to the Ad Hoc
Committee the Study on the Human Rights of Persons with Disabilities presented at the
fifty-eighth session of the Commission on Human Rights;
13. Invites States, relevant bodies and organizations of the United Nations system,
including relevant human rights treaty bodies, the regional commissions, the Special Rapporteur
on disability of the Commission for Social Development, as well as intergovernmental and
non-governmental organizations with an interest in the matter, to make contributions to the work
entrusted to the Ad Hoc Committee, based on the practice of the United Nations;
14. Encourages the Ad Hoc Committee to invite national institutions to make a
contribution to the consideration of the issues addressed by the Ad Hoc Committee;
15. Also encourages the Ad Hoc Committee to adopt working methods which allow
for full participation by relevant non-governmental organizations in its deliberations;
16. Invites the Ad Hoc Committee to consider meeting at least once in Geneva before
the fifty-ninth session of the Commission on Human Rights and periodically thereafter, and to
make an interim progress report to the Commission at that session;
17. Notes with appreciation the decision of the Office of the High Commissioner to
designate a focal point within the Office whose primary purpose will be to follow questions
relating to the human rights of persons with disabilities;
18. Calls upon the Office of the High Commissioner to report to the Commission on
Human Rights at its fifty-ninth session on progress in the implementation of the
recommendations contained in the Study on the Human Rights of Persons with Disabilities
presented at the fifty-eighth session of the Commission on Human Rights and on the programme
of work of the Office in relation to the human rights of persons with disabilities;
19. 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;

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20. 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 and 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 18 of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities;
21. 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;
22. 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 to include disability issues, as appropriate, in their preparation of lists of issues and
concluding observations and to consider drafting general comments on human rights of persons
with disabilities, in addition to General Comment No. 5 of the Committee on Economic Social
and Cultural Rights which could serve as a mainstreaming model on disability issues;
23. 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;
24. Invites all special rapporteurs, in carrying out their mandates, to take into account
the situation and human rights of persons with disabilities;
25. 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;
26. Invites Governments, civil society 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;

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27. 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;
28. Expresses grave concern that situations of armed conflict have especially
devastating consequences for the human rights of persons with disabilities;
29. 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;
30. 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;
31. Encourages the development of programmes for persons with disabilities to
enable them to develop their potential to participate fully in all aspects of society;
32. Requests the Secretary-General to report annually to the General Assembly on the
progress of efforts to ensure the full recognition and enjoyment of the human rights of persons
with disabilities;
33. Also requests the Secretary-General to transmit to the Commission at its
fifty-ninth 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;
34. Calls upon the United Nations Development Programme and all
intergovernmental institutions for development cooperation to integrate disability measures into
their mainstream activities and to reflect this in their activity reports;
35. Requests all United Nations organizations and specialized agencies to address the
problems that exist in creating equal opportunities for persons with disabilities at all levels and to
report on how these problems are being solved;

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36. 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, health care,
shelter, transport and supportive equipment;
37. 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;
38. Invites Governments and non-governmental organizations to collect and collate
appropriate information and data on the situation of persons with disabilities to assist in the
formulation of effective policies to address issues of equality;
39. 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;
40. 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;
41. 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;
42. Decides to continue its consideration of this question at its fifty-ninth session
under the same agenda item.
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