hrba and persons with disabilities

8/14/2019 Hrba and Persons With Disabilities

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Atty.Anita M. Chauhan,Ph.D.

June 30,2009

Prov. Capitol, Bayombong, Nueva Vizcaya



Article 1 of the CRPD states that the

purpose of the Convention is to protect

and promote all human rights and

fundamental freedoms of all persons

with disabilities.



What are Human Rights?

…Universal legal guarantees;

...civil, political, economic, social and cultural;

…protect human values (freedom, equality, dignity)

…inherent to individuals and, to some extent, groups;

…reflected in international norms and standards;

…legally binding on States.



The International Bill of HumanRights*

• Universal Declaration of Human Rights

• International Covenant on Civil and PoliticalRights(including two Optional Protocols)

• International Covenant on Economic, Socialand Cultural Rights

* Only general human rights instruments



Human Rights Systems

UN Charter UN Charter

UDHRUDHRHRCHRC

ICCPRICCPR ICESCRICESCR

CERD

CEDAWCEDAW

CATCATCRCCRC

NationalProtection

Systems

CMWCMW

Other Other InternationalInternationalInstrumentsInstruments

Regional

Regimes

CRPD



What is the Disability Convention?

Convention is another word for treaty, a

binding agreement between nations. The

Convention on the Rights of Persons withDisabilities (CRPD) is a multilateral treaty,

a treaty among many nations. It declares

specific obligations of governments to

respect and enforce the human rights of

persons with disabilities.



National Human Rights

Protection Systems

Constitutional and Legislative frameworks

Effective Institutions (Parliaments,

Governments, Judiciary, public

administration, HR institutions)

Policies, procedures and processes

Vibrant civil society



How will CRPD be enforced?

An international monitoring committee will be setup to receive reports from governments andmake recommendations; the internationalcommittee can also receive complaints fromindividuals whose rights have been violated, butonly if the government has ratified the OptionalProtocol along with the Convention. There willbe a national focal point for implementation inthe government, and also a national monitoring

mechanism with independent powers. Personswith disabilities, have the right to participate ingovernment processes to implement theConvention (e.g. law reform and policymaking).



State Obligations in Human Rights

Sources: Ratified international

HR and IHLTreaties

PhilippineConstitution

National and LocalLaws

Policies andIssuances

RESPECT

PROTECTFULFILL

STATEOBLIGATIONS:



Human Rights Obligations

Duty-bearer’s obligation to

Respect Protect Fulfill

prevent others

from interfering

with the enjoyment

of a right

refrain from

interfering with the

enjoyment of the

right

adopt appropriate

measures towards

full realization of

the right



Normative Content of

Human Rights

Sources

Treaty

provisions

Comments of

Treaty Bodies

The GoverningLaws

FREEDOMS

ENTITLEMENTS

of a particular right

Minimum Core Content

Principle of Progressive realization



HUMAN RIGHTS

DEVELOPMENT



GOVERNMENT PRIVATE

SECTOR

CIVIL SOCIETY

GOVERNANCE STAKEHOLDERS

GOVERNANCE

STAKEHOLDERS

SHOULD BE PEOPLE-CENTERED FOR

HUMAN

DEVELOPMENT



What is the core purpose of governance

from the human rights perspective?

MORAL DUTY AND

SOCIALRESPONSIBILITY

RIGHTS AND

RESPONSIBILITIES

HR OBLIGATIONTO RESPECT,

PROTECT and

FULFILL



The Philippine HRBA

Framework in

Development

and Governance

* Economic* Social

* Cultural

* Political

* Environmental

National/International Human RightsFramework

--Human Rights Principles

-State Obligations

-Individual Duties

-Normative Content of HR

Governance

Economic

Governance

Political

Governance

Administrative

Governance

HUMAN

RIGHTS

KEY GOVERNANCE

STAKEHOLDERS

Government,Civil Society

And Private Sector

DEVELOPMENT



H Ri ht P i i l



Universality

Indivisibility

Interrrelatedness

andinterdependence

Non-discrimination

Equality

Accountability

Attention to

vulnerable groupsEquity

People’sparticipation

Independence of the judiciary

Legislative

capacity and ruleof law

Transparency

Human Rights Principles

That Guide Development



THE PRINCIPLES OF CRPD• The general principles of the Convention are articulated in

Article 3 as follows:(a) Respect for inherent dignity, individual autonomy including

the freedom to make one’s own choices, and independence of persons;

(b) Non-discrimination;

(c) Full and effective participation and inclusion in society;

(d) Respect for difference and acceptance of persons withdisabilities as part of human diversity and humanity;

(e) Equality of opportunity;

(f) Accessibility;

(g) Equality between men and women;

(h) Respect for the evolving capacities of children withdisabilities and respect for the right of children with disabilities

to preserve their identities.



Express linkage to

human rights

Accountability

Empowerment

Participation

Nondiscrimination and attention to

vulnerable groups

Elements of HRBA

17



• A human rights approach adds value

because it provides a normative framework of obligations that has legal power to render

governments accountable.

– Mary Robinson

World Summit on Sustainable Development,

2002



“NOTHING ABOUT US

WITHOUT US”*

*Motto of the International Disability Caucus (IDC)

hrba and persons with disabilities

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