Human rights of People with Disabilities: Completing the Paradigm Shift

With the recent adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the paradigm shift in the rights of people with disabilities is under way. This shift recognizes that people with disabilities are not people to be pitied, protected or “cured” (let alone feared), but rather are entitled to equality, non-discrimination, inclusion and recognition of their autonomy and dignity. The CRPD embraces the social and human rights models of disability, which sees disability as an interaction between an individual with one or more impairments and his or her attitudinal and built environment. It gives concrete expression to the paradigm shift in specific articles such as Articles 5 (equality and non-discrimination), 12 (equal recognition before the law), 14 (liberty and security of the person), 15 (freedom from torture or cruel, inhuman or degrading treatment or punishment) and 19 (living independently and being included in the community). As the Committee on the Rights of Persons with Disabilities begins the process of reviewing and responding to the initial States Parties reports on their compliance with the CRPD, and as national efforts by governments and non-governmental organizations to monitor compliance with the CRPD proceed, the challenges of implementing these rights have become more evident. This presentation will discuss the recent developments in this area and identify some of the challenges that States are facing in reconciling their rhetoric with reality.