The outlook on disability issues and on persons with disabilities has changed throughout the centuries. From being possessed by spirits, to being born as a result of sin, persons with disabilities have suffered and have been stripped from their basic fundamental human rights. This all chnged once the United Nations enacted the Convention on the Rights of Persons with Disabilities, which revolutionzed the way in which society looks at individuals with disabilities; from objects of charity and medical treatment into subjects with full rights and dignity.
Table of Contents
1. Historical Perspectives on Disability
2. The Evolution of Disability Models
2.1 The Moral Model
2.2 The Medical Model
2.3 The Social Model Shift
3. The United Nations Convention on the Rights of Persons with Disabilities (CRPD)
3.1 Adoption and Purpose
3.2 Defining Disability and Evolving Concepts
3.3 Core Principles of the CRPD
3.3.1 Individual Autonomy and Legal Capacity
3.3.2 Non-Discrimination and Reasonable Accommodation
3.3.3 Participation and Inclusion
3.3.4 Accessibility and Awareness-Raising
4. Monitoring and Enforcement: The Committee and Optional Protocol
Research Objectives and Key Topics
The primary objective of this work is to examine how the United Nations Convention on the Rights of Persons with Disabilities (CRPD) catalyzed a fundamental paradigm shift in societal perceptions of disability, moving away from charitable or medicalized views toward a human rights-based framework.
- Historical evolution of disability models (Moral, Medical, Social).
- The legislative significance of the CRPD as a legally binding instrument.
- Key principles of the Convention: Autonomy, non-discrimination, and accessibility.
- The role of the Committee on the Rights of Persons with Disabilities in monitoring compliance.
- The impact of the Optional Protocol and individual complaint mechanisms.
Excerpt from the Book
The United Nations Convention on the Rights of Persons with Disabilities
The United Nations Convention on the Rights of Persons with Disabilities (hereinafter referred to as CRPD) marked a major paradigm shift from the medical model of disability towards the social model of disability. It built up upon the 1994 Standard Rules on the Equalization of Opportunities for Persons with Disabilities which was adopted by the UN General Assembly during the Decade of Disabled Persons, and the 1982 World Programme of Action on Disabled Persons which also adopted by the UN General Assembly during the International Year of Disabled Persons. However, even though these were moving towards the social model, they were not legally binding. The first ever legally binding international instrument which was specifically enacted to focus on the rights of persons with disabilities was the CRPD.
The CRPD was adopted on the 13th December 2006 and entered into force on the 3rd of May 2008. Up till the present moment, it has 153 state parties in which all are bound by the obligations as per the Convention. The main purpose of the Convention, as found in its Article 1 is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” An important point to note about the CRPD is that it does not give a concrete definition of what a disability is. Rather, in its preamble, the Convention recognizes that disability is an “evolving concept” and that it results from “the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others.” This statement by the Convention is in line with the social model theory, that is, the Convention shifted the responsibility from the person with disability (which is the reasoning of the medical model as the disability is attributed to the person) onto society as it is the way in which society interacts with people with disabilities that obstructs the person from reaching his or her full potential.
Summary of Chapters
1. Historical Perspectives on Disability: This chapter reviews the treatment of persons with disabilities throughout history, covering ancient practices and the early influence of religion.
2. The Evolution of Disability Models: This section details the transition from the moral and medical models to the social model of disability, highlighting the shift in societal responsibility.
3. The United Nations Convention on the Rights of Persons with Disabilities (CRPD): This chapter analyzes the adoption, core principles, and legal significance of the CRPD as the first binding international instrument for disability rights.
4. Monitoring and Enforcement: The Committee and Optional Protocol: This chapter explains the institutional mechanisms for oversight, including the role of the Committee and the impact of the Optional Protocol on individual rights.
Keywords
CRPD, disability rights, social model, medical model, human rights, non-discrimination, accessibility, individual autonomy, reasonable accommodation, legal capacity, United Nations, Committee on the Rights of Persons with Disabilities, Optional Protocol, social inclusion, paradigm shift.
Frequently Asked Questions
What is the primary focus of this work?
The work explores the transformative impact of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on global disability policy and societal attitudes.
What are the central themes discussed?
The core themes include the historical progression of disability models, the shift toward a human rights-based approach, and the legal obligations placed on States Parties to ensure equal participation.
What is the main objective of the CRPD?
The primary goal, as stated in Article 1, is to promote, protect, and ensure the full and equal enjoyment of all human rights by persons with disabilities and to uphold their inherent dignity.
Which scientific model of disability is the CRPD based on?
The CRPD is fundamentally aligned with the social model of disability, which identifies societal barriers rather than individual impairments as the primary obstacle to participation.
What does the main body of the text cover?
The main body examines the evolution of disability perspectives, the transition to legal binding instruments, specific articles regarding autonomy and non-discrimination, and the monitoring functions of the UN Committee.
Which keywords characterize this document?
Key terms include CRPD, social model, human rights, reasonable accommodation, and accessibility.
How does the CRPD define disability?
The Convention intentionally avoids a concrete, static definition, instead describing disability as an "evolving concept" resulting from the interaction between individuals and environmental/attitudinal barriers.
What role does the Committee on the Rights of Persons with Disabilities play?
The Committee, composed of eighteen independent experts, monitors state compliance with the Convention by reviewing periodic reports and issuing recommendations for improvements.
How does the Optional Protocol empower individuals?
The Optional Protocol allows for individual complaints regarding violations of the Convention, providing a mechanism for persons with disabilities to seek redress in an international arena.
What was the significance of the H.M. v Sweden case?
It was the first individual communication handled by the Committee, highlighting the right to reasonable accommodation and setting a precedent for addressing discrimination.
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- Justine Muscat Axiak (Autor:in), 2015, The outlook on disabilities after the enactment of the United Nations Convention on the Rights of Persons with Disabilities, München, GRIN Verlag, https://www.grin.com/document/351251
