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The Convention on the Rights of Persons with Disabilities

(CRPD) and Sports

The Convention on the Rights of Persons with Disabilities

(CRPD) and SportsEsmé Grant, J.D. Esmé Grant, J.D.

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ContentsContents

A glimpse of disabilities worldwide Rationale for the CRPD Brief history of the drafting process Overview of CRPD content

Article 30 Current status of the CRPD

A glimpse of disabilities worldwide Rationale for the CRPD Brief history of the drafting process Overview of CRPD content

Article 30 Current status of the CRPD

A Glimpse of Disabilities Worldwide

A Glimpse of Disabilities Worldwide

WHO Report released June 9, 2011

Over 1 billion people have a disability (15% of world’s population) In 1970, the estimate was 10%

Increase is credited to improved reporting and information gathering techniques, as well as an aging population and an increase in chronic diseases

Emphasizes on identifying physical, financial and attitudinal barriers that people with disabilities face, and offering  best practices from around the world on how to overcome those barriers

WHO Report released June 9, 2011

Over 1 billion people have a disability (15% of world’s population) In 1970, the estimate was 10%

Increase is credited to improved reporting and information gathering techniques, as well as an aging population and an increase in chronic diseases

Emphasizes on identifying physical, financial and attitudinal barriers that people with disabilities face, and offering  best practices from around the world on how to overcome those barriers

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Rationale for the CRPDRationale 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 (e.g. 1993 UN Standard Rules) 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 (e.g. 1993 UN Standard Rules) not legally binding

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Brief history of the drafting processBrief history of the drafting process Origins decades ago

Culminated in UN Standard Rules CRPD process started by Mexico in

Dec 2001 8 sessions of a General Assembly

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 a General Assembly Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session 2-3 weeks per session

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Drafting process contd.Drafting process contd.

Guiding principle - full inclusion of all relevant stakeholders

Unprecedented access of DPOs at all stages - especially Working Group meeting where 1st draft of treaty created

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 Working Group meeting where 1st draft of treaty created

Positive involvement of DPOs changed how UN does business

Educational process for all

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Drafting process contd.Drafting process contd.

December 13, 2006 - CRPD & OP adopted

March 30, 2007 - CRPD & OP opened for signature Over 80 States & EU signed & 1

ratification (Jamaica) - record-breaking for a human rights treaty

May 3, 2008 - CRPD entered into force after 20th ratification

December 13, 2006 - CRPD & OP adopted

March 30, 2007 - CRPD & OP opened for signature Over 80 States & EU signed & 1

ratification (Jamaica) - record-breaking for a human rights treaty

May 3, 2008 - CRPD entered into force after 20th ratification

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Overview of CRPD contentOverview of CRPD content

One of nine “core” international HRs treaties (ie. 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 (ie. 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

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CRPD content overview contd.CRPD content overview 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

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CRPD content overview contd.CRPD content overview contd. Notable elements:

Cross-disability in approach NO definition of disability Strong thread of non-discrimination

and equality Focus on monitoring at all levels

Notable elements:

Cross-disability in approach NO definition of disability Strong thread of non-discrimination

and equality Focus on monitoring at all levels

Articles Articles Article 11 : Situations of risk and humanitarian

emergencies Article 12 : Equal recognition before the law Article 13 : Access to justice Article 19 : Living independently and being

included in the community Article 24 : Education Article 27 : Work and employment

Article 11 : Situations of risk and humanitarian emergencies

Article 12 : Equal recognition before the law Article 13 : Access to justice Article 19 : Living independently and being

included in the community Article 24 : Education Article 27 : Work and employment

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5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:

(a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;(b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;(c) To ensure that persons with disabilities have access to sporting, recreational and tourism venues;(d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;(e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.

5. With a view to enabling persons with disabilities to participate on an equal basis with others in recreational, leisure and sporting activities, States Parties shall take appropriate measures:

(a) To encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;(b) To ensure that persons with disabilities have an opportunity to organize, develop and participate in disability-specific sporting and recreational activities and, to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;(c) To ensure that persons with disabilities have access to sporting, recreational and tourism venues;(d) To ensure that children with disabilities have equal access with other children to participation in play, recreation and leisure and sporting activities, including those activities in the school system;(e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.

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Article 30: Participation in cultural life, recreation,leisure and sport

Article 30: Participation in cultural life, recreation,leisure and sport

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Shift from Medical/Charitable Model to Social Model

Shift from Medical/Charitable Model to Social Model

Medical Model Defines disability as a problem and medical

intervention as solution Avoids human rights considerations Expectation that health profession will remedy the

“problem”

Charitable Model Misconception is that people with disabilities are

helpless and need to be cared for Strips people with disabilities with power and

responsibility of taking charge of their own life

Medical Model Defines disability as a problem and medical

intervention as solution Avoids human rights considerations Expectation that health profession will remedy the

“problem”

Charitable Model Misconception is that people with disabilities are

helpless and need to be cared for Strips people with disabilities with power and

responsibility of taking charge of their own life

Shift from Medical/Charitable Model

to Social Model

Shift from Medical/Charitable Model

to Social Model

Social Model Focuses on barriers created by the social

and physical environment that inhibit the ability of persons with disabilities to exercise their human rights

Includes promoting positive attitudes, modifying environment and making sure laws and policies promote integration and non-discrimination

Social Model Focuses on barriers created by the social

and physical environment that inhibit the ability of persons with disabilities to exercise their human rights

Includes promoting positive attitudes, modifying environment and making sure laws and policies promote integration and non-discrimination

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Current Status of the CRPD

Current Status of the CRPD

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2020

Current Status of the CRPDCurrent Status of the CRPD As of July 2012, 153 countries have signed the

CRPD and 117 have ratified U.S. signed on July 30, 2009 Obama Administration has submitted the

CRPD ratification package to the US Senate Need 2/3 majority in the Senate for the U.S. to

be able to ratify and become a States Party to the CRPD

Ratifying CRPD will give Americans with disabilities more ways to engage an inclusive & accessible world - to share experiences with people with disabilities around the world, and work & travel abroad

As of July 2012, 153 countries have signed the CRPD and 117 have ratified

U.S. signed on July 30, 2009 Obama Administration has submitted the

CRPD ratification package to the US Senate Need 2/3 majority in the Senate for the U.S. to

be able to ratify and become a States Party to the CRPD

Ratifying CRPD will give Americans with disabilities more ways to engage an inclusive & accessible world - to share experiences with people with disabilities around the world, and work & travel abroad

USICD HandoutsUSICD Handouts

CRPD Status History CRPD FAQ USICD

www.usicd.org

www.facebook.com/usicdwww.twitter.com/usicd

UN Enable Website www.un.org/disabilities

CRPD Status History CRPD FAQ USICD

www.usicd.org

www.facebook.com/usicdwww.twitter.com/usicd

UN Enable Website www.un.org/disabilities

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CRPD Education and Advocacy Initiative

http://www.usicd.org

CRPD Education and Advocacy Initiative

http://www.usicd.org