INTRODUCTION
Status of the Drafting of the Disability Convention

On 12 August 2005, the United Nations General Assembly's Ad Hoc Committee on a convention on the rights of persons with disabilities concluded its sixth session after detailed consideration of draft articles addressing issues such as children with disabilities, education, accessibility and personal mobility.

Don MacKay, Chairman of the Ad Hoc Committee explained that people with disabilities enjoyed the same rights as others; rights that were covered by all core human rights instruments, but the reality on the ground was different. People with disabilities had not been enjoying their rights in the same way as people who were not disabled. The aim of the draft convention is thus to reiterate the rights of people with disabilities and set out a more detailed code of their implementation.

The convention sought to create "a paradigm" shift from a tendency to segregate people with disabilities to inclusion in social life. People with disabilities actually performed, lived and contributed much better if they were included in the community, be it by way of inclusive education, or health care, participation in the political life, or measures to improve accessibility.

Many states participated in the sixth session as well as some 400 civil society representatives. The active participation in the drafting process meant that there had been genuine interaction on the text proposals. MacKay said he hoped the final text would be ready in a year. 2008 had been mentioned as the year when the convention might go into effect, but that would depend on how many ratifications were obtained.

Furthermore, he explained that everyone agreed that women and children with disabilities should be given emphasis in the convention, but there was still a question of how to deal with gender issues structurally. There were also concerns about elderly and rural people with disabilities. While some delegations were reluctant to compartmentalise and identify particular groups, there was no question that women and children would be separately identified. Whether it would be in a specific article remained a question, however.

Among the most contentious issues, he identified institutionalisation, integrated education and issues relating to family. For instance, there was increasing acceptance that there should be no forced institutionalisation, but how to address that question in the convention remained a difficult issue. Some States believed that in some cases, they should have the right to institutionalise people, or establish guardians for persons with some types of disabilities.

There was overwhelming support from States and civil society for the establishment of an effective monitoring system. At its next meeting, the Committee would get a report from the Office of the High Commissioner for Human Rights, making suggestions on the matter.

For more information, go to:
http://www.un.org/News/briefings/docs/2005/Disabilitiesbrf050812.doc.htm