UN Human Rights Treaties

UNITED NATIONS
E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/Sub.2/1994/35
17 June 1994
ENGLISH
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention
of Discrimination and
Protection of Minorities
Forty-sixth session
Item 17 (c) of the provisional agenda
HUMAN RIGHTS AND DISABILITY
Report prepared by the Secretary-General pursuant to
Sub-Commission resolution 1993/22
GE.94-13016 (E)
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Introduction
1. The Sub-Commission on Prevention of Discrimination and Protection of
Minorities, in its resolution 1993/22 of 20 August 1993, requested the
Secretary-General to report to the Commission on Human Rights and to the
Sub-Commission on the coordination endeavours, and their results, undertaken
by the various United Nations organs and bodies concerned with the protection
of disabled persons, for the purpose of envisaging the establishment of an
effective mechanism for coordination and cooperation between the various
organs and bodies. The present report has been prepared pursuant to that
request.
2. The Sub-Commission also decided to remain seized of this question and to
deal with it each year as sub-item (c) of the agenda item entitled "Promotion,
protection and restoration of human rights at national, regional and
international levels".
I. LEGAL BASIS FOR COORDINATION OF VARIOUS RELATED ISSUES BETWEEN
UNITED NATIONS ORGANS AND ENTITIES AND BETWEEN THEM AND
SPECIALIZED AGENCIES
3. There is no clause or provision in the Charter of the United Nations
referring to the coordination of activities between the United Nations organs
and bodies. As far as coordination between the United Nations organs is
concerned, it is mandated by the adoption of relevant resolutions. For
instance, the General Assembly, in its resolution 40/31 of 29 November 1985,
entitled "Implementation of the World Programme of Action concerning Disabled
Persons and United Nations Decade of Disabled Persons", requested "all bodies
and organizations of the United Nations system administering assistance
projects to take into account the concerns of disabled persons in their
projects for the rehabilitation of the disabled and their integration into
society, as well as to include disabled persons in their overall planning
objectives".
4. To highlight the end of the United Nations Decade of Disabled Persons
in 1992, the General Assembly adopted resolution 47/88 of 16 December 1992,
entitled "Towards full integration of persons with disabilities into society:
a continuing world programme of action", in paragraph 8 of which it requested
the Secretary-General to turn the focus of the United Nations programme on
disability from awareness-raising to action and to strengthen the leadership
role of the United Nations as a catalyst for change, as a standard-setting
organization, as a forum for the exchange of views and as a promoter of
technical cooperation activities. The Assembly then enumerated a number of
measures to be taken or considered at the national and international levels.
5. The Economic and Social Council has adopted certain general and specific
resolutions in the field. In particular, in its resolution 1156 (XLI) of
5 August 1966 entitled "Review and reappraisal of the Council’s role and
functions", the Council considered that it had an important role to play in:
"(a) Acting as governing body for the United Nations work
programme in the economic, social and human rights fields,
(b) Ensuring the coordination of the activities of the
United Nations system of organizations in these same fields".
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6. In its resolution 1986/16 of 22 May 1986, the Economic and Social Council
called on all bodies and organizations of the United Nations system to take
appropriate steps to ensure that disabled persons were represented in those
bodies and organizations and that the concerns of disabled persons were taken
into account in their overall planning objectives.
7. Special attention should be given to the agreements concluded by the
United Nations with the specialized agencies providing for the transmission of
reports to the United Nations, sending of relevant information, participation
in United Nations meetings, and cooperative projects.
8. In the Vienna Declaration and Programme of Action adopted in June 1993,
the World Conference on Human Rights stated:
"The World Conference on Human Rights recommends increased
coordination in support of human rights and fundamental freedoms within
the United Nations system. To this end, the World Conference on Human
Rights urges all United Nations organs, bodies and the specialized
agencies whose activities deal with human rights to cooperate in order to
strengthen, rationalize and streamline their activities, taking into
account the need to avoid unnecessary duplication. The World Conference
on Human Rights also recommends to the Secretary-General that high-level
officials of relevant United Nations bodies and specialized agencies at
their annual meeting, besides coordinating their activities, also assess
the impact of their strategies and policies on the enjoyment of all human
rights." (Part II, para. 1.)
9. Thus, the World Conference on Human Rights established the goal of
"increased coordination" and emphasized that this coordination was essential
for the full achievement of the programme of the United Nations in the field
of human rights, of which the promotion and protection of the rights of
persons with disabilities is part and parcel. The World Conference also
reaffirmed that all human rights are universal and thus unreservedly included
persons with disabilities (Vienna Declaration and Programme of Action,
Part II, para. 63).
II. BACKGROUND: MEASURES TAKEN BY UNITED NATIONS ORGANIZATIONS, ORGANS
AND BODIES
10. The beginning of multilateral concern with disability can be seen as the
adoption by the General Assembly of the Declaration on the Rights of Disabled
Persons, on 9 December 1975, 1/ following the Declaration on the Rights of
Mentally Retarded Persons, adopted on 20 December 1971. 2/
11. On 16 December 1976, the General Assembly proclaimed 1981 the
International Year of Disabled Persons. 3/ The main result of the activity
undertaken before and during that year was the elaboration of the World
Programme of Action concerning Disabled Persons, which the General Assembly
adopted without a vote in its resolution 37/52 of 3 December 1982. The
Programme set the guidelines for a world strategy to promote the adoption of
effective measures for the prevention of disability, rehabilitation and the
achievement of the full participation and equality of disabled persons in
social life and development.
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12. The World Programme of Action and the Decade gave a new impetus to the
activity in the field of the human rights of people with disabilities. In
particular, in pursuance of concepts contained in the World Programme of
Action, both the Commission on Human Rights and the Sub-Commission on
Prevention of Discrimination and Protection of Minorities have dealt with this
question and have adopted a number of resolutions on the subject.
13. At its forty-third session, in 1991, the Sub-Commission approved the
final report of the Special Rapporteur, Mr. Leandro Despouy, later issued in
the United Nations Study Series under the title Human Rights and Disabled
Persons. 4/ The report contains the most complete analysis of international
instruments in this field. The relevant activities of the pertinent
United Nations organs and specialized agencies were also elucidated in the
report and examples were cited of their cooperation in the promotion and
protection of human rights of persons with disabilities.
14. In its resolution 1991/19 of 28 August 1991, the Sub-Commission
expressing its satisfaction at the recommendations and proposals submitted to
the Sub-Commission by the Special Rapporteur with a view to encouraging States
and intergovernmental organizations to undertake concrete measures to
guarantee to the disabled the full enjoyment of their human rights, welcomed
his recommendations, in particular those relating to the implementation of the
human rights of disabled persons. Those recommendations and proposals,
contained in paragraphs 271 to 284 of the report, were the subject of further
consideration and action by the Commission on Human Rights, the Economic and
Social Council and the General Assembly.
15. The Commission on Human Rights, in its resolution 1992/48 of
3 March 1992, invited human rights treaty-monitoring bodies, notably the
Committee on Economic, Social and Cultural Rights and the Human Rights
Committee, to monitor the compliance of States with their commitments under
the relevant human rights instruments in order to ensure the full enjoyment of
those rights by disabled persons.
16. The Commission received no response from those bodies concerning that
invitation. Therefore, in its resolution 1994/27 of 4 March 1994, the
Commission encouraged 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 the
full enjoyment of those rights by disabled persons.
17. The United Nations human rights organs and bodies have paid attention to
the question of the prevention of injuries of children and the protection of
disabled children. Such attention greatly contributed to the adoption of a
special provision of the Convention on the Rights of the Child of 1989, which
stipulates, in article 23, that States Parties recognize the right of the
disabled child to a full and decent life and special care.
18. The United Nations human rights organs continue to make efforts to ensure
for persons with disabilities the enjoyment of human rights and fundamental
freedoms by keeping this item on their agenda. They also continue to examine
new aspects and developments which, inter alia, may cause disability
(environmental degradation, human rights in armed conflicts, etc.).
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19. The Centre for Human Rights is making every effort to expand its
collaboration with intergovernmental and non-governmental organizations
involved in the field of disability, in particular with organizations of
disabled persons, and to consult with them on a regular and systematic basis
on matters relating to the implementation of relevant international
instruments and the protection of the rights of persons with disabilities.
20. Throughout the Decade the human rights organs and bodies had the full and
active cooperation of other United Nations organs and organizations concerned.
One of the main features of the Decade was that unprecedented cooperation
developed between various entities of the United Nations system and between
them and organizations of and for persons with disabilities. The inter-agency
meetings on the Decade, held once a year at the Vienna International Centre,
under the aegis of the Administrative Committee on Coordination (ACC) and the
former United Nations Centre for Social Development and Humanitarian Affairs,
were charged with elaborating concepts, policies and mechanisms for the
effective implementation of the World Programme of Action concerning Disabled
Persons and with coordinating the various efforts of the participating
United Nations entities and non-governmental organizations. These meetings
also contributed to understanding the main guidelines of the Programme and to
their incorporation, to the extent possible, in the work programmes,
resolutions and decisions of pertinent organs and organizations.
21. During the Decade, several United Nations entities represented at the
inter-agency meetings on the Decade undertook major efforts to develop new
international standards to reflect this policy shift: Centre for Social
Development and Humanitarian Affairs of the United Nations Office at Vienna by
developing the Standard Rules on Equalization of Opportunities for Disabled
Persons; 5/ the Centre for Human Rights by elaborating the Principles for
the Protection of Persons with Mental Illness and for the Improvement of
Mental Health Care; 6/ and the International Labour Organisation, by
adopting, in 1983, an international convention (No. 159) and a recommendation
(No. 168) on the vocational rehabilitation and employment of disabled persons.
22. One of the major achievements of the inter-agency meetings on the Decade
was improved knowledge of the work and specific contribution of each
participating organization and the fact that participants thus were able to
reach an unprecedented level of coordination, as evidenced by the high level
of consensus on policy issues (despite many controversial discussions) and by
the close collaboration in the preparation of technical documents. There was
also better coordination in order to assist developing countries in
establishing programmes and in developing policies in accordance with the
standards of the Decade.
23. Several United Nations organizations and specialized agencies, especially
ILO, FAO, UNESCO and WHO have contributed significantly to the integration of
persons with disabilities into the community, to their education, vocational
training, rehabilitation, employment and the fulfilment of their other
rights. 7/
24. Those organizations continue to contribute to the implementation of the
rights of persons with disabilities. However, some developments have
influenced their coordination efforts. The United Nations Secretariat has
notified that the Centre for Social Development has been dissolved as part of
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the restructuring of the economic and social sectors of the United Nations.
The disability programme has been transferred to the newly-created Department
for Policy Coordination and Sustainable Development at United Nations
Headquarters in New York.
25. In accordance with a decision of the Organizational Committee of ACC,
based on a letter from the Secretary-General dated 23 December 1992 to all
heads of United Nations agencies and bodies, the inter-agency meeting in the
field of disability will no longer be an ACC subsidiary mechanism. However,
inter-agency programme consultations and coordination in the field of
disability may continue, when necessary, outside the framework of ACC.
26. In October 1993, in conjunction with the deliberations of the
Third Committee of the General Assembly on disability issues, informal
consultations were held with available and interested United Nations organs
and specialized agencies. With regard to the future of the disability
programme, the meeting was advised that internal management structures had not
yet been finalized, but was reassured that the disability programme as such
would continue.
27. The General Assembly, in its resolution 48/95 of 20 December 1993,
acknowledging that the objective of the United Nations Decade of Disabled
Persons (1983-1992) as a means to implement the World Programme of Action was
still valid and required urgent and continued action, urged the
Secretary-General to strengthen, through redeployment of resources, the
United Nations programme on disabled persons in order to enable it,
inter alia, to ensure effective coordination and streamlining of efforts to
respond to the needs of persons with disabilities (through policy formulation,
advocacy and liaison) among all bodies within the United Nations system,
particularly the International Labour Organisation, the World Health
Organization, the United Nations Educational, Scientific and Cultural
Organization, the United Nations Development Programme and the United Nations
Children’s Fund.
III. CONTEMPORARY POLICY AND PRACTICE
28. After the Decade had come to end, some specific mechanisms of
coordination such as the inter-agency meetings were abolished. However, as
far as the human rights of people with disabilities are concerned, the World
Conference on Human Rights, in the Vienna Declaration and Programme of Action
adopted on 25 June 1993, recommended increased coordination in support of
human rights and fundamental freedoms within the United Nations system, and
urged all United Nations organs, bodies and the specialized agencies whose
activities deal with human rights to cooperate in order to strengthen,
rationalize and streamline their activities, taking into account the need to
avoid unnecessary duplication (Part II, para. 1).
29. The World Conference recommended to the Secretary-General that high-level
officials of the United Nations bodies and agencies at their annual meeting,
besides coordinating their activities, also assess the impact of their
strategies and policies on the enjoyment of all human rights. Furthermore,
the Conference called on regional organizations and prominent international
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regional finance and development institutions to assess the impact of their
policies and programmes on the enjoyment of human rights (Part II,
paras. 1-2).
30. The necessity of strengthening international cooperation for human rights
was extended by the World Conference to include regional arrangements for the
promotion and protection of human rights (Part I, para. 37), national
institutions (Part II, paras. 85-86) and non-governmental organizations
(Part I, para. 38 and Part II, para. 73).
31. The Vienna Declaration and Programme of Action specified that the Centre
for Human Rights should play an important coordinating role in United Nations
system-wide attention to human rights (Part II, para. 14).
32. Achieving the aims of the World Conference for better inter-agency
cooperation and for impact assessment would require the Centre for Human
Rights to develop significantly its substantive and administrative capacity to
do so.
33. In implementation of the objectives set out by the World Conference the
Centre for Human Rights convened a meeting of agencies, organizations and
secretariat units of the United Nations system and related international
organizations to discuss the results of the fiftieth session of the Commission
on Human Rights. The meeting took place at Geneva, on 18 March 1994. The
meeting was briefed on the outcome and follow-up to the fiftieth session of
the Commission on Human Rights. A document containing the resolutions and
decisions adopted by the Commission at its fiftieth session, including
resolution 1994/27 on human rights and disability, had been sent in advance to
participants, and at the meeting a preliminary chart for their implementation
was distributed.
34. In its resolution 48/141 of 20 December 1993, entitled "High Commissioner
for the promotion and protection of all human rights", the General Assembly
decided that the High Commissioner for Human Rights would be the
United Nations official with principal responsibility for United Nations human
rights activities. Among the High Commissioner’s responsibilities would be
"coordination of the human rights promotion and protection activities
throughout the United Nations system" (para. 4 (f)).
35. ACC is also involved in the process of coordination. For instance, at
its first session of 1994 held at Geneva on 11 and 12 April 1994 under the
chairmanship of the Secretary-General of the United Nations, ACC considered,
inter alia, an item entitled "Follow-up to the World Conference on Human
Rights".
36. The High Commissioner for Human Rights, briefing the Committee on the
question, informed it that he was planning to establish a permanent dialogue
with the organizations of the United Nations system to promote human rights
through the systematic and periodic exchange of information, experience and
expertise. He called special attention to the difficulties faced in ensuring
access to basic food and medicine for the most vulnerable groups affected by
international sanctions, and considered that that matter could be brought to
the attention of the Security Council.
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37. ACC members reaffirmed their commitment to contributing to the
implementation of the Vienna Declaration and Programme of Action within the
framework of their mandates, approved programmes and the resources made
available for their activities, through appropriate steps including
(i) periodic discussions in ACC with a view to furthering a coordinated
approach by the United Nations system to the promotion and protection of human
rights, in particular of the most vulnerable in society, and affirming the
commitment of ACC to the incorporation of human rights concerns into all
strategies and programmes; (ii) support to, and cooperation with the High
Commissioner for Human Rights in his system-wide coordination
responsibilities.
38. Lastly, it should be pointed out that international cooperation and
concerted action relating to the promotion and protection of the rights of
persons with disabilities could be undertaken at future international
conferences. The International Conference on Population and Development, to
be held at Cairo in 1994, the Fourth World Conference on Women: Action for
Equality, Development and Peace, to be held in Beijing in 1995, and the World
Summit for Social Development, also to be held in 1995, in Copenhagen, will
provide other opportunities for addressing issues of human rights and
disability relevant to the subject-matter of those events.
IV. CONCLUSIONS AND RECOMMENDATIONS
39. Bearing in mind what has been said above, it may be stated that
coordination of activities during the United Nations Decade of Disabled
Persons greatly contributed to policy formulation, to the working out of
concepts and guidelines, and to the elaboration and implementation of
programmes, plans and joint projects.
40. However, the coordination of the implementation of disability programmes
was hindered by a number of factors, including the lack of effective
monitoring mechanisms. The major challenge of the post-Decade period will be
the adoption by human rights organs and bodies of measures that are of direct
benefit to persons with disabilities.
41. Consequently, coordination of activities with other United Nations
agencies and organizations, as well as with international and regional
governmental and non-governmental organizations, should be promoted, with a
view to their cooperating or carrying out joint activities for the protection
of persons with disabilities and other vulnerable groups.
42. In that respect the relevant provisions of the Vienna Declaration and
Programme of Action and respective mechanisms established provide the
opportunity to enhance coordination of activities of United Nations organs,
bodies and specialized agencies, with a view to the promotion and protection
of the rights of persons with disabilities. However, this activity will
greatly depend on the mandates of relevant United Nations entities to that
effect.
43. In addition, the institutionalization of system-wide cooperation and
coordination of activities in the field is an enormous task because of the
wide differences between the terms of reference of the organs, bodies and
agencies in question and the huge number of activities involved. It should be
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noted that each entity has its own identity and it is important that this
identity should be maintained within the operation of the system of
cooperation and coordination. It should also be remembered that the
General Assembly recognized the essential role of the Commission for Social
Development "in providing leadership and positive guidance to encourage
worldwide change by equalizing opportunities, promoting independence and
ensuring the full inclusion and participation in society of all persons with
disabilities". 8/
44. Coordination is frustrated by the lack of resources, both monetary and
human. The programmes and budgets of the pertinent United Nations organs very
seldom provide for concrete concerted action in this field. Given that fact,
it seems desirable, as a matter of principle, that United Nations organs,
including the Commission on Human Rights and the Commission on Social
Development should coordinate their activity in matters mentioned above during
their respective sessions. Such coordination should be encouraged and
properly financed, providing the possibility for United Nations organs to send
representatives to the sessions of other organs, thereby enhancing mutual
cooperation. It should, however, be borne in mind that each organ has its own
programme and terms of reference, which should be duly taken into account and
respected.
45. One of the principal requirements for effective national protection of
human rights of persons with disabilities is the existence of adequate
national law and institutions. Therefore, common efforts should continue to
be undertaken so that the United Nations programme of advisory services and
technical assistance in the field of human rights would provide the services
of experts, inter alia, to assist in developing legislation that is in
compliance with relevant recognized international instruments. Similar
efforts should continue to be undertaken to encourage the establishment of
national institutions and to strengthen existing ones.
46. There seems to be a need for further coordination in this field, with a
view to the elaboration and development of concepts and policies, the
undertaking of joint programmes and the development of collaborative
mechanisms. There is also a need while focusing on different aspects of
disability issues to remain cognizant of, and incorporate, where possible,
meaningful human rights concerns, and thus to contribute to the achievement of
the goal, deriving from the Vienna Declaration and Programme of Action, that
the promotion and protection of human rights should permeate almost all of the
activities of the United Nations.
47. The invitation to the human rights treaty bodies, particularly the
Committee on Economic, Social and Cultural Rights and the Human Rights
Committee, to monitor the compliance of States with their commitments under
the relevant human rights instruments in order to ensure the full enjoyment of
those rights by people with disabilities should be reiterated.
48. The Commission on Human Rights should also continue to consider methods
of achieving international cooperation for the implementation of
internationally recognized basic rights for all, including persons with
disabilities.
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Notes
1/ General Assembly resolution 3447 (XXX).
2/ General Assembly resolution 2856 (XXVI).
3/ See General Assembly resolutions 31/123 and 34/154.
4/ Leandro Despouy, Human Rights and Disabled Persons, Human Rights
Study Series 6 (United Nations publication, Sales No. E.92.XIV.4).
5/ General Assembly resolution 48/96 of 20 December 1993, annex.
6/ General Assembly resolution 46/119 of 17 December 1991, annex.
7/ See note 4, op. cit., paras. 221-263.
8/ General Assembly resolution 48/95 of 20 December 1993.
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