UN Special Rapporteur on Disability

UN Standard Rules on the Equalization of opportunities
for persons with disabilities

September 26th 2003 – Alborg, Denmark

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" 10 years with the UN Standard Rules on the Equalization of opportunities for persons with disabilities – which way forward? " , September 26th 2003 – Alborg, Denmark
Standard Rules & The Role Of Special Rapporteur,
Special Rapporteur, Sheikha Hessa Al - Thani
About Standard Rules:
Among the major outcomes of the Decade of Disabled persons was the adoption, by the general Assembly, of the Standard Rules on the Equalization of Opportunities for persons with Disabilities in 1994,
Although not a legally binding instrument, the Standard Rules represent a strong moral and political commitment of Governments to take action to attain equalization of opportunities for persons with disabilities.
The rules serve as an instrument for policy-making and as a basis for technical and economic cooperation.
The standard Rules consist of 22 rules summarizing the message of the world program of Action.
The Rules incorporate the human rights perspective, which had developed during the Decad
The future perspective of The UN S.R , How we can implement in the future on all levels
To make the Standard Rules an even more effective tool for the future development of policy, legislation and programs, the present text of the Rules should be further developed and complemented.
As a result of a number of important events, beginnings in the 1990s, disability has been recognized as a human rights issue. The question now is how the recognition of this principle can be turned into practical action. Disability must be developed as an integral dimension of human rights procedures within the United Nations, and effective reporting and monitoring routines must be put into effect.
While these efforts are taking place within the United Nations system, development work must also be carried out at national level by Governments, national human rights institutions and national disability organizations.
The present debate to a large extent concerns the approach to apply in order to achieve effective protection of the rights of persons with disabilities. Should a disability dimension be developed within the monitoring mechanisms in connection with already existing covenants and conventions, or it best way to develop a special instrument?
early 10 years have passed since the adoption of the Standard Rules by the General Assembly. During this time, the Rules have developed into a major implementation tool used both by international and national non-governmental organizations in the disability field. In the development of human rights for persons with disabilities, the Standard Rules have been recognized as a Yardstick for measures to put an end to exclusion and discrimination of persons with disabilities.
Four major motives for elaborating a special convention on the rights of person with disabilities
1. S.R main weakness is that they are not legally binding.
2. The measures needed within the regular United Nations monitoring system
3. Mainstreaming will not be sufficient to strengthen the rights of persons with
4. Authority and real recognition.
The initiative of the Government of /Mexico
During the second half of 2001, the government of Mexico raised a future convention on the rights of persons with disabilities. These initiatives resulted in the following paragraph:-
“Invites the United Nations General Assembly to consider elaborating an integral and comprehensive international convention to protect and promote the rights and dignity for disabled people, including, especially, provisions that address the discriminatory practices and treatment affecting them”.
The general assembly decided to establish an Ad Hoc committee open to participation of all member states and observers of the United Nations to consider for elaborating such a convention , based on the “Holistic approach” in the work done in the field 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.
Future Monitoring System for the S.R.
One of the most significant features of the Standard Rules is that their implementation should be actively monitored. In section IV of the Rules there is a fairly detailed description of the monitoring mechanism. Its purpose, as set forth in section IV, paragraph 1, is
" To further the effective implementation of the Rules. It will assist each states in assessing its level of implementation of the Rules and is measuring its progress. The monitoring should identify obstacles and suggest suitable measures that would contribute to the successful implementation of the Rules".
*There are three actors involved in the monitoring task:-
1. The monitoring should take place within framework of the sessions of the commission for social development.
2. A Special Rapporteur should do the actual monitoring work and report to the commission
3. The non-governmental organizations in the disability field should be invited to establish among themselves a panel of experts, to be consulted by the Special Rapporteur
t is necessary to maintain disability as a development issue within the United Nations system as a responsibility for the commission for Social Development.
The first paragraph of chapter IV OF THE Standard Rules expresses the purpose of the monitoring as follows:-
“ The purpose of a monitoring mechanism is to further the effective implementation of the Rules. It will assist each State in assessing its level of implementation of the Rules and in measuring its progress. The monitoring should identify obstacles and suggest suitable measures that would contribute to the successful implementation of the Rules, … An important element should also be the provision of advisory services and the exchange of experience and information between States”.
Future Monitoring Mechanism
An active monitoring mechanism for the implementation of the Standard Rules should remain in place for the future. The two main functions (Assessment and promotion) should kept. One question is if the two functions should be applied separately.
- Measures to Asses the Situation &
- Measures for promotion & advice
Measures to Asses the Situation
One important part of the monitoring mechanism is to assess the degree of progress made in Member States in implementing the Rules.
- The program in action and the Standard Rules are based on the same disability philosophy and contain very similar guidelines. Therefore, these two exercises, both intended to assess progress worldwide, should be merged and carried out as one activity in the future.
- The system with quinquennial surveys should be kept and the surveys should be made in cooperation with the major international non-governmental organizations in the disability field. One part of questionnaire could be standardized to ensure the future possibility of comparison over time. A second part of the questionnaire could be used for Ad Hoc studies of special aspects.
- The system of mobilizing national affiliates of international non-governmental organizations, both to prepare replies and to assist in obtaining replies from Governments, should be copied from the routine practiced with success in the Standard Rules monitoring mechanisms of the current Special Rapporteur.
Measures for promotion & advice
In paragraph 12 of chapter IV of the Rules, the commission for Social Development in given the following instructions:
“…The commission should examine the possibility of either renewing the Special Rapporteur’s mandate, appointing a new Special Rapporteur or considering another monitoring mechanism, and should make appropriate recommendations to the Economic and Social Council”.
- Integrate the promotional function into the program on disability of the department of Economic and Social Affairs. If so senior position as technical advisor should be added to the disability staff. A prerequisite for this alternative would be the availability of sufficient resources particularly for missions to countries and related activities.
- Establish full time positions as regional advisers in the developing regions and in countries with economies in transition in Central and Eastern Europe. Apart from strengthening the advisory services considerably, the advantage is that regional advisers would be closer to the economic, political and cultural conditions in the countries concerned
- Integrate the promotional function into the program on disability of the department of Economic and Social Affairs. If so senior position as technical advisor should be added to the disability staff. A prerequisite for this alternative would be the availability of sufficient resources particularly for missions to countries and related activities.
- Establish full time positions as regional advisers in the developing regions and in countries with economies in transition in Central and Eastern Europe. Apart from strengthening the advisory services considerably, the advantage is that regional advisers would be closer to the economic, political and cultural conditions in the countries concerned.
- The standard Rules should continue to play a Role as an international tool for policy development in the disability field;
- A prerequisite for a well-functioning monitoring mechanism is that sufficient funding – regular and extra budgetary – can be made available for the different monitoring functions;
- The two monitoring and evaluation processes, carried out in connection with the world program of action concerning Disabled persons and the Standard Rules to assess progress worldwide, should be merged into a single, periodic exercise, carried out by the program on disability of the DESA;
- Take further action to increase awareness in Governments, non-governmental organizations and the United Nations system;
- Involving the specialized agencies and the regional commissions in the implementation of the Rules;
Supplement to the Standard Rules:
Nearly ten years have passed since the adoption of the United Nations Standard Rules. During this time, the rules have developed into a major tool for policy making and action, used by Government and by international and national non-governmental organizations in the disability field. In human rights development, the Standard Rules have been recognized as a yardstick for ways to put an end to exclusion and discrimination. To make the Standard Rules an even more effective tool for future development of policy, legislation and programs, a complement to the rules should be created.
The role of the Special Rapporteur regarding the monitoring of the Standard? & How can this work be organized effectively to cover different parts of the world?
Activities of the Special Rapporteur:
In accordance with the purpose of the monitoring – to further the effective implementation of the Rules – the Special Rapporteur has endeavored to use all available opportunities to present the Rules, their background message and function.
Promoting implementation of the Standard Rules
- Meetings with Governments
- Conferences
- Correspondence and communications
Meetings with individual Governments:
Meetings with individual Governments have been initiated mainly in two ways.
- In many cases the Special Rapporteur has been invited directly by Governments interested in discussing various aspects of the implementation of the Rules.
- In some cases the Special Rapporteur suggest to governments that a meeting should be held.
Activities:
In view of the great importance of the nongovernmental organizations in the disability field in advocating the implementation of the Standard Rule, the Special Rapporteur should give high priority to participate in major events organized by such organizations.
The participation of the Special Rapporteur usually consisted in a general presentation of the Standard Rules, often followed by a workshop or a seminar where various aspects of the implementation work have been discussed.
Correspondence and communications
The correspondence in connection with the special Rapporteur’s various activities should be extensive
1-Owing to the extensive network of contacts that may developed during the monitoring task.
2- Handling requests for speakers on the Standard Rules for various meetings and conferences.
3- Providing advice concerning various implementation aspects, and in some cases people may raise individual issues.
4-Write number of articles for magazines for the international nongovernmental
organizations
Measures to make the Rules known must continue and be strengthened on both the national and international levels:
On international level
it is obvious that Unites Nations specialized agencies with involvement in the disability field are familiar with the Standard Rules. Measures to make the Rules known must continue and be strengthened on both the national and international levels: On The International Level:-
1- The role of secretariat as focal point in support of implementation of the standard rules should be further developed.
inter-agency mechanism should be established, which could improve coordination and identify areas for cooperation and joint action.
2- The cooperation between the Secretariat and the specialized agencies in efforts to guide member states in their policy development should be better coordinated.
3-A form of inter-agency mechanism should be established, which could improve coordination and
In The Area Of Development
The situation is less satisfactory. To strengthen and integrate disability measures into the mainstream of technical cooperation, including UNDP ,the World Bank and other Financial institutions, is one of the most urgent measures of all in the future implementation of the Standard Rules.
How will the cooperation with disability NGOs happen worldwide?
TheUnited Nations should, as part of follow-up activities to this monitoring exercise, take measures to assist Governments to build their own monitoring and evaluation mechanisms. That could be done as a task for national coordinating councils or through separate bodies. It is important, however, that such measures be taken in cooperation with the organizations of persons with disability. How will the cooperation with disability NGOs happen worldwide?
There is pattern of cooperation between Governments and organizations, which is of great importance for development is disability field. Governments should develop further that pattern of cooperation at all levels. They should also strengthen their support to the work of organizations of persons with disabilities.
There is no doubt that the United Nations Standard Rules have proved to be as useful tool in international efforts to achieve full participation and equality. It is true that the Rules are not legally binding, but the way in which they were elaborated in close cooperation between numerous Governments and the community of major international non-governmental organizations, should foster a strong commitment in the part of all
One great advantage is that the Rules maintain a sensible balance between suggesting firm principles and providing space for adjusting measures to varying conditions in countries. It is also important that the Rules maintain a sensible balance between suggesting firm principles and providing space for adjusting measures to varying conditions in countries.