Post on 31-Dec-2015
Analysis of the CRPD: History, Structure and
Main Features
Analysis of the CRPD: History, Structure and
Main FeaturesKatherine GuernseyKatherine Guernsey
ContentsContents
Need for the CRPD - a treaty whose time has come
Timeline of a treaty - the drafting process
Heart of a treaty - content & structure
Forward thinking - main features
Need for the CRPD - a treaty whose time has come
Timeline of a treaty - the drafting process
Heart of a treaty - content & structure
Forward thinking - main features
Need for the CRPDNeed for the CRPD
Invisibility of people with disabilities in the international human rights system People with disabilities have the same
human rights as everyone else BUT existing treaties offer little guidance
& seldom applied to people with disabilities
Reports to treaty monitoring bodies seldom address disability issues
Other standards not legally binding
Invisibility of people with disabilities in the international human rights system People with disabilities have the same
human rights as everyone else BUT existing treaties offer little guidance
& seldom applied to people with disabilities
Reports to treaty monitoring bodies seldom address disability issues
Other standards not legally binding
Drafting processDrafting process
Origins decades ago Culminated in UN Standard Rules
CRPD process started by Mexico in Dec 2001
8 sessions of GA Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session 2-3 weeks per session
Origins decades ago Culminated in UN Standard Rules
CRPD process started by Mexico in Dec 2001
8 sessions of GA Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session 2-3 weeks per session
Drafting process contd.Drafting process contd.
Guiding principle - full inclusion of all relevant stakeholders
Unprecedented access of DPOs at all stages - especially WG meeting
Positive involvement of DPOs changed how UN does business
Educational process for all
Guiding principle - full inclusion of all relevant stakeholders
Unprecedented access of DPOs at all stages - especially WG meeting
Positive involvement of DPOs changed how UN does business
Educational process for all
Drafting process contd.Drafting process contd.
13 December 2006 - CRPD & OP adopted
30 March 2007 - CRPD & OP opened for signature Over 80 States & EC signed & 1 ratification -
record-breaking for HRs treaty
3 May 2008 - CRPD entered into force after 20th ratification
To date 137 signatories, 49 ratifications, 81 OP signatories, 28 OP ratifications
13 December 2006 - CRPD & OP adopted
30 March 2007 - CRPD & OP opened for signature Over 80 States & EC signed & 1 ratification -
record-breaking for HRs treaty
3 May 2008 - CRPD entered into force after 20th ratification
To date 137 signatories, 49 ratifications, 81 OP signatories, 28 OP ratifications
CRPD content & structureCRPD content & structure
One of nine “core” international HRs treaties (has monitoring mechanism)
Legally binding upon States Parties Current “benchmark” standard Elaborates existing HRs in the
context of disability Does not create new or special rights
for people with disabilities
One of nine “core” international HRs treaties (has monitoring mechanism)
Legally binding upon States Parties Current “benchmark” standard Elaborates existing HRs in the
context of disability Does not create new or special rights
for people with disabilities
CRPD content & structure contd.CRPD content & structure contd.
Structure Preamble Introductory articles (Articles 1 & 2) Articles of general application (Articles
3-9) Specific articles (Articles 10-30) Implementation and monitoring
measures (Articles 31-40) Final articles (Articles 41-50) Optional Protocol
Structure Preamble Introductory articles (Articles 1 & 2) Articles of general application (Articles
3-9) Specific articles (Articles 10-30) Implementation and monitoring
measures (Articles 31-40) Final articles (Articles 41-50) Optional Protocol
CRPD main featuresCRPD main features Notable elements:
Cross-disability in approach NO definition of disability
Grounded in social model of disability Comprehensive content – both ESCRs
and CPRs Strong thread of non-discrimination
and equality Focus on monitoring at all levels Strong connection between disability,
human rights and development
Notable elements: Cross-disability in approach NO definition of disability
Grounded in social model of disability Comprehensive content – both ESCRs
and CPRs Strong thread of non-discrimination
and equality Focus on monitoring at all levels Strong connection between disability,
human rights and development