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United Nations Convention on the Rights of Persons With Disabilities

Published online by Cambridge University Press:  27 February 2017

Marit Rasmussen  and
Oliver Lewis
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Abstract

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Type
Treaties, Agreements, and Related Documents
Information
International Legal Materials , Volume 46 , Issue 3 , May 2007 , pp. 441 - 466
Copyright
Copyright © American Society of International Law 2007

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References

* This text was reproduced and reformatted from the text appearing at the United Nations website (visited March 16, 2007) <.http://www.un.org/esa/socdev/enable/rights/ahcfinakepe.htmicglr.org>

2 GA Res. 56/168 (December 19, 2001).

3 For the latest figures and information, see UN Enable-Promoting the Rights of Persons with Disabilties, at <//www. un.org/esa/socdev/enable/> (visited June 17, 2007). See also Press Release, UN News Service, Record Number of Countries Sign UN Treaty on Disabilities on Opening Day (March 30,2007 ), at <//www.un.org/apps/news/story.asp?NewsID= 22085&Cr=disab&Crl=&Kwl=disability&Kw2=&Kw3>. As of June 7, 2007, ninety-seven countries had signed the Convention and fifty-three had signed the Optional Protocol with Jamaica the only country to have ratified it. The Convention will take effect upon the 20th country ratification. Officeof the United Nations High Commissioner for Human Rights, at <//www.ohchr.org/english/issues/disability/> (visitedJune 14, 2007).

4 See Executive Summary, Gerard Quinn and Theresia Degener,’ ‘The current use and future potential of United Nations humanrights instruments in the context of disability,” UNHCR, UN Doc. HR/PUB/02/1 (2002), at <//www.unhchr.ch/disability/study.htm>. See also Preamble (t), Convention on theRights of Persons with Disabilities, at <//www.un.org/esa/socdev/enable/rights/convtexte.htm>.

5 See Executive Summary, Gerard Quinn and Theresia Degener,’ ‘The current use and future potential of United Nations humanrights instruments in the context of disability,” UNHCR, UNDoc. HR/PUB/02/1 (2002), at <//www.unhchr.ch/disabil-ity/study.htm>. See also Preamble (t), Convention on theRights of Persons with Disabilities, at <//www.un.org/ esa/socdev/enable/rights/convtexte.htm>. S.C. Res. 1737, 11, U.N. Doc. S/RES/1737 (December 27, 2006), 46 ILM 1 (2007).

6 For example, Article 2 of the Universal Declaration of Human Rights includes the statement “[e]veryone is entitled to the rights and freedoms set forth in this Declaration,” Universal Declaration of Human Rights, GA Res. 217A (III),-UN Doc. A/810 (1948) (December 10, 1948), while Article 2.2 of the International Covenant on Economic, Social and Cultural Rights provides that the “[c]ovenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” (emphasis added). International Covenant on Economic, Social and Cultural Rights, Art. 2.2, Dec. 16, 1966, 993 UNTS 3. The International Covenant on Civil and Political Rights also applies to all individuals without distinction of any kind including “other status.” International Covenant on Civil and Political Rights, Art. 2.1, Dec. 16, 1966, 999 UNTS 171. See Article 23 of the Convention on the Rights of the Child, which specifically pertains to “mentally or physically disabled” children. Convention on the Rights of the Child, Art. 23, Nov. 20, 1989, 1577 UNTS 3.

7 MacKay, Ambassador Don, Former Chair of the Ad Hoc Committee at a press conference on the adoption of the Convention on the Rights of Persons with Disabilities, United Nations Headquarters, New York (December 6, 2006)Google Scholar.

8 MacKay, Ambassador Don, Former Chair of the Ad Hoc Committee at a press conference on the adoption of the Convention on the Rights of Persons with Disabilities, United Nations Headquarters, New York (December 6, 2006)Google Scholar.

9 Convention on the Rights of Persons with Disabilities, Art.

10 See, for example, country reports on human rights and guardianship produced by the Mental Disability Advocacy Center, at <http://www.mdac.info>.

11 Convention on the Rights of Persons with Disabilities, Art. 12.

12 Convention on the Rights of Persons with Disabilities, Art. 19.

13 Convention on the Rights of Persons with Disabilities, Art. 32.

1 The Committee had adopted preambular paragraph (s) bis of the draft Convention by a recorded vote of 102 to 5 with 8 abstentions (see A/AC.256/2006/4); the paragraph was subsequently renumbered by the drafting group to become preambular paragraph (u) of the draft Convention.