Advanced Course Manual

Advanced Course on Negotiations of the
International Convention on Disability

Photo of the United Nations Building with flags of various countries
January 2006 Edition
International Disability Caucus
Prologue
The International Disaility !aucus
"
#ID!$ is the re%resentative voice
of %eo%le with disailities in the %rocess of estalishing a convention
that %rotects and %ro&otes the rights of %eo%le with disailities' It is
co&%osed of &ore than (0 international) national and regional
organi*ations of %eo%le with disailities #and allied N+,s$ that have
decided to wor- together and coordinate their efforts' The ID!
includes grou%s of all ty%es of disaility in all regions of the world'
During the (
th
session of the United Nations .d /oc !o&&ittee for
the convention on disaility) the International Disaility !aucus
decided to develo% a &anual that can serve as a useful tool for those
unfa&iliar with the !onvention %rocess' This course is designed
ased on this &anual and to date %rovides new %artici%ants with
&uch needed infor&ation and u%dates on the %rocess) containing
events) relevant %rocedures and ter&inology'
"
0ee !aucus in .nne1es 2 +lossary and E1tended 3ocaulary
Course for Newcomers 2
Index
Prologue.............................................................................................2
Acknowledgements ..........................................................................
Course Introduction..........................................................................!
Course Plan......................................................................................."
#ow to Com$lete this Course........................................................%%
Course &ersions and Additional Co$ies.......................................%'
(odule % International Conventions or )reaties..........................%*
Introduction and ,4ectives'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"(
Plan and Ti&e Dedication'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"(
.' Definition ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"6
B' Process'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"6
"'2' /ow is an International !onvention !onverted into a National
5aw6''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''"7
8' 9hat Is a Treaty :onitoring Body and 9hat Is Its ;ole6 '''''''''''''20
.ctivities''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''22
< .ctivity .nswers'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''2(
:odule " Evaluation'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''2=
< .nswers to :odule " Evaluation''''''''''''''''''''''''''''''''''''''''''''''''''''27
!o&%le&entary ;eading''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''80
'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''8(
(odule 2+ )he International Convention on Disability ................'
Introduction and ,4ectives ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''8>
Plan and Ti&e Dedication ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''8>
2'"' Bac-ground of the International Disaility !onvention'''''''''''''''87
.' Need for a Disaility !onvention''''''''''''''''''''''''''''''''''''''''''''''''''87
B' +eneral .sse&ly decision on a Disaility !onvention '''''''''''''''?"
!' Previous .d /oc !o&&ittee :eetings #./!$ and the 9or-ing
+rou%''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''?8
2'2' Present and future of the Negotiations ''''''''''''''''''''''''''''''''''''''?(
9hat will /a%%en in 2006 and 200>6''''''''''''''''''''''''''''''''''''''''''''''''?=
2'8 +overn&ental Protagonists of the Negotiations '''''''''''''''''''''''''?=
.' !hair and Bureau of the !o&&ittee'''''''''''''''''''''''''''''''''''''''''''''?=
B' The !oordinator''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''?7
!' !ountry @acilitators'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''?7
D' ;egional +rou%s ,%erating in this Process'''''''''''''''''''''''''''''''''(0
E' +overn&ent Delegates with Disailities '''''''''''''''''''''''''''''''''''''("
2'? Intergovern&ental .gencies that %artici%ate in the Negotiations
''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''("
.' UN De%art&ents 0u%%orting the Process''''''''''''''''''''''''''''''''''''("
B' ,ther United Nations .gencies that intervene in the Negotiations
''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''(2
.ctivities''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''(8
Course for Newcomers ?
< .ctivity .nswers'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''((
:odule 2 Evaluation'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''(>
< .nswers to :odule 2 Evaluation''''''''''''''''''''''''''''''''''''''''''''''''''''(=
!o&%le&entary ;eading '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''(7
Introduction and ,4ectives'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''6?
Plan and Ti&e Dedication'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''6?
'. Partici$ation of Civil ,ociety in the Convention on Disability
..........................................................................................................--
8'" Benefits for !ivil 0ociety''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''67
8'2 Procedures of accreditation and financial assistance for the
%artici%ation of a N+,'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''>0
.' ;eAuest for .ccreditation''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''>0
B' @inancial .ssistance'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''>"
8'8' The International Disaility !aucus B ID!''''''''''''''''''''''''''''''''''>8
.' 9hat is the International Disaility !aucus6'''''''''''''''''''''''''''''''''>8
B' /istory of the ID!''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''>?
!' /ow Does the ID! 9or-6'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''>>
D' !o&%osition of the ID!'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''>7
E' Practical Infor&ation aout the ID!''''''''''''''''''''''''''''''''''''''''''''''=0
.ctivities''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=2
< .ctivity .nswers'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=?
< .nswers to :odule 8 Evaluation''''''''''''''''''''''''''''''''''''''''''''''''''''==
Course for Newcomers (
!o&%le&entary ;eading'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=7
Annexes..........................................................................................."2
@reAuently .s-ed Cuestions #@.Cs$'''''''''''''''''''''''''''''''''''''''''''''''''78
+lossary and E1tended 3ocaulary''''''''''''''''''''''''''''''''''''''''''''''''''7>
;elevant lin-s and ac-ground docu&ents'''''''''''''''''''''''''''''''''''''""0
Acknowledgements
The following %ersons have contriuted to the develo%&ent of this
&anualD
!ontent E1%ertsD 0tefan TrE&el) Euro%ean Disaility @oru&F
0ylvia !aras) Peo%le 9hoF 5inda D' :ise-B@al-off) !0,D NDP
!o&&unications !o&&ittee for the UN P9DGP9P Nurses
.cross the BordersF Hirsten Ioung) 5and&ines 0urvivors
Networ-
Plain 5anguage E1%ertD Tir*a 5eiowit*) Bi*chut) Israel
Peer reviewD ID! &e&ers
;esearch and TranslationsD Helly /a&el) !enter for
International ;ehailitation
!oordination and DesignD :aria 3 ;eina) !enter for
International ;ehailitation
0%ecial .c-nowledge&ent to ;oert :artin and Des&ond
!orrigan) Inclusion International
Course for Newcomers >
Course Introduction
.fter three years of wor- already done on the negotiations in the
United Nations) those who een have een together fro& the
eginning of the convention %rocess have a co&&on language and a
certain -nowledge that those who have 4ust arrived are not fa&iliar
with' In addition) for &any) the use and %redo&inance of English
within the &eetings and in several te1ts creates an additional arrier'
This course %rovides a %ractical introduction to the funda&ental
conce%ts of international rights in the elaoration of a United Nations
treaty as well as directions for the %artici%ants in the !onvention on
Disaility %rocess and the influence of nongovern&ental
organi*ations'
The %ro%oned o4ectives of the advanced course on the Negotiations
of the International !onvention on Disailities are the followingD
To understand the different &echanis&s involved in the
creation of international treatiesF
To e fa&iliari*ed with the %rocess and &ain contents
corres%onding to the !onvention on DisailityF
To handle vocaulary s%ecific to the %rocess of the elaoration
of a conventionF and)
To critically reflect on the %artici%ation of civil society in
intergovern&ental %rocesses and the i&%ortance of a
convention that %rotects the rights of %eo%le with disailities'
Independent study and suggestions about their administration
in the course are detailed next, under the heading "How to
complete the Course
Course for Newcomers =
Course Plan
The .dvanced !ourse on the Negotiations of the International
!onvention on Disaility develo%s the following contentsD
%. International Conventions or )reaties
"'"' 9hat is a United Nations !onvention6
"'"' .' Definition
"'"' B' Process
"'2' Inclusion of a convention in do&estic legislation
"'8' :onitoring Body of a treaty
2. )he Convention on Disability
2'"' Past /istory of the International !onvention on Disaility
2'"' .' The necessity of a convention on disaility
2'"' B' Decision of the +eneral .sse&ly on the convention on
disaility
2'"' !' Preli&inary :eetings of the .d /oc !o&&ittee #!./$ and the
9or-ing +rou%
2'2 NegotiationsD Present and @uture
2'8 NegotiationsD +overn&ental Protagonists
2'8' .' !o&&ittee President and Bureau
2'8' B' !oordinator
2'8' !' !ountry @acilitators
2'8' D' ;egional grou%s that wor- in the %rocess
2'8' @' +overn&ent Delegates with a disaility
2'? Intergovern&ental .gencies that %artici%ate in the negotiations
2'?' .' De%art&ents of the United Nations that su%%ort the %rocess
2'?' B' ,ther United Nations agencies that can intervene in the
Negotiations
'. Partici$ation of Civil ,ociety in the Convention on Disability
8'" Benefits for !ivil 0ociety
%artici%ation of a N+,'
8'8' The International Disaility !aucus
8'8' .' 9hat is the International Disaility !aucus) or ID!6
8'8' B' /istory of the ID!
8'8' !' /ow does the ID! 9or-6
8'8' D' !o&%osition of ID!
8'8' E' Practical Infor&ation aout the ID!
Course for Newcomers "0
#ow to Com$lete this Course
This inde%endent study advanced course is for %eo%le that are
interested in the !onvention on Disaility %rocess) es%ecially those
who elong to civil society and are new %artici%ants in the
Negotiations of the United Nations' .ny %revious -nowledge is not
necessary) e1ce%t an average or secondary school level of reading
co&%rehension'
Princi%al !haracteristicsD
The course consists of three &odules and its co&%letion can
ta-e a%%ro1i&ately two wee-s with two hours of daily
dedication' In each &odule) ti&e dedication is indicated' The
icon for this tool is a cloc-'
.t the end of each &odule) activities are included to e1ercise
the acAuired contents) and varied evaluation e1ercises are
used to verify co&%rehension' The icon for this tool is a hand
holding a %encil'
< The answer -eys for the activities are later in the te1t as well as
the evaluation e1ercisesJ' The icon for this tool is a light ul'
In each &odule) co&%le&entary readings with so&e reflections
after the activities are also included' The reading is not as
funda&ental as the tale of contents ut is i&%ortant if you
want to co&%lete the course o4ectives' The icon for this tool is
an o%en oo-'
In each &odule) &ain conce%ts are under the heading
K;e&e&erL and highlighted in light lue' The icon for this tool
is an asteris-'

In addition to the the&atic develo%&ent of the &odules) the course
has a glossary and e1tended vocaulary) gives answers to the &ost
freAuent Auestions) and %rovides a %age of lin-s for use of contents
on the Internet'
Course for Newcomers ""
There is no certification for those who ta-e this course) nevertheless)
the course is highly reco&&ended for those who wish to %artici%ate in
the %rocess of the !onvention on Disaility' It is encouraged to
%rofusely distriute it etween organi*ations of %eo%le with disailities
who wish to e included in the negotiations in order to &ulti%ly its
effects and &a-e availale an a&%le collection of &aterial for
dyna&ic study that addresses the e&erging necessity of the
!onvention'
Course &ersions and Additional Co$ies
The %resent course has een designed under the %rinci%als of
universal design and has asically two versions with gra%hics and
without gra%hics) and can een otained in various for&atsD ht&l on
www'conventionyes'org) 9ord docu&ent) and in %rint' There also e1ists
a %arallel course at %resent for eginners) %eo%le with develo%&ental
disailities) and %ersons who s%ea- a foreign language' @or these
reasons) the course has een designed in si&%le language'
(odule %
PhotoD +eneral .sse&ly
International Conventions or
Treaties
Course for Newcomers "?
(odule % International Conventions or )reaties
Introduction and .b/ectives
. convention is the agree&ent of several wills of different su4ects)
individual or collective) to reach certain co&&on o4ectives and to
estalish functions) rights and oligations which hel% in
acco&%lishing these goals' !ertain international treaties %er&anently
or occasionally regulate sensitive &atters of %ulic o%inion or
%role&s of general sco%e) and are very relevant) as is the case with
the hu&an rights conventions'
2
In this :odule you will learn asic conce%ts related to the %rocess of
a United Nations international convention) utili*e s%ecific vocaulary)
and assess the effects of the international conventions on national
%olicies'
Plan and )ime Dedication
"'"' 9hat is a United Nations !onvention6
"'"' .' Definition
"'"' B' Process
.n hour of dedication
"'2' Inclusion of a convention in do&estic legislation
"'8' :onitoring Body of a Treaty
.ctivities and Evaluation
!o&%le&entary ;eading
.n hour and a half of dedication
2
0yste&atic !ourse on /u&an ;ights' Instituto de Estudios PolMticos %ara
.&Nrica 5atina y .frica' 5in- to the 9esite #original source in 0%anish$
Course for Newcomers "(
%.%. 0hat is a 1nited Nations Convention2)reaty3
A. Definition
. United Nations convention or treaty
8
is a binding legal obligation in
International Law' . convention or treaty has a s%ecial legally inding
Auality that is estalished y the oligations s%ecified in it) which
countries) or 0tates) have voluntarily entered into after a %rocess of
negotiation' The views and o%tions of 0tates are %resent in every
stage of the %rocess) fro& negotiation to signing and ratification'
.lthough there &ay e different %ositions ta-en y the govern&ents
and 0tate sovereignty is seen as an i&%ortant ele&ent throughout the
for&ulation of a convention) the associated %olitical %ressures are not
so %owerful as to change the ideology or the original intent of the
!onvention'
In addition to conventions) there are wea-er instru&ents
?
of
international law such as +eneral .sse&ly
(
Declarations
6
and
;esolutions
>
which do not legally ind 0tates ut s%ecify the direction
that 0tates are e1%ected to follow on the issues the Declarations
address'
=
* Remember: A treaty is a written agreement among
nations similar to a contract among businesses that is
governed by international legislation. Treaties are also
referred to as conventionsL
4. Process
9hen the United Nations decides to develo% a convention) the
%rocess usually follows a asic routine or %rocedure' In the
eginning) there &ay e several drafts develo%ed inde%endently y
%eo%le or grou%s' The !o&&ittee tas-ed with develo%ing the
8
0ee Treaty also in .nne1es 2 +lossary and E1tended 3ocaulary
?
0ee Instru&ent in .nne1es 2 +lossary and E1tended 3ocaulary
(
0ee +eneral .sse&ly in .nne1es 2 +lossary and E1tended 3ocaulary
6
0ee Declaration in .nne1es 2 +lossary and E1tended 3ocaulary
>
0ee ;esolution in .nne1es 2 +lossary and E1tended 3ocaulary
=
Prof' .&ita Dhanda' The UN !onvention on ;ights of Persons with Disailities'
!enter for .dvocacy in :ental /ealth O!.:/P 5in- to the article
convention decides which docu&ent will eco&e the official wor-ing
draft' @ro& there) the %rocess of develo%ing the convention
%rovisions and language can ta-e several years' There should e
o%%ortunities for &any grou%s and individuals to contriute ideas
throughout the %rocess' !ountries tend to ta-e different %ositions
ased u%on the %ressures and influences fro& the international
co&&unity as well as their own citi*ens' It is i&%ortant to note that
these %ressures so&eti&es %ull in the sa&e direction and other ti&es
in o%%osite directions in the ho%es that one will win 0tate agree&ent
and a%%roval' Therefore the o%inions or stances of the various
govern&ents eco&e a &atter of s%eculation' Ideally) govern&ents
and civil society should wor- together to achieve the est %ossile
results'
,nce a convention is ado%ted
7
y the United Nations) a 0tate has
several o%tions' It &ayD
SignD this generally signifies %olitical a%%roval and the intent to see-
ratification y that 0tateQs governing legislature'
"0
Ratify+ this estalishes a stateQs official consent to i&%le&ent or
enforce the %rinci%les estalished within the res%ective convention'
,ften %rior to ratification) countries &ust review national legislation
and ensure that do&estic laws reflect and su%%ort the intention
ehind the convention' ,nce a country has ratified a convention)
they are under legal oligation) or Kound)L to follow all of the
%rinci%les' .fter the govern&ent has ratified a convention) the
country is then referred to as K0tates PartyL #or so&eti&es called a
R&e&erR$'
""

Sign and ratify with reservations, understandings and
declarations (RUDs)D ;UDs are tools used y states to e1%ress
hesitations or create certain li&its to a convention) or clarify how a
0tate inter%rets so&e as%ect of the convention' :ost conventions
allow ;UDs'
"2
7
0ee .do%tion also in .nne1es 2 +lossary and E1tended 3ocaulary
"0
0ee 0ignature also in .nne1es 2 +lossary and E1tended 3ocaulary
""
0ee ;atification also in .nne1es 2 +lossary and E1tended 3ocaulary
"2
0ee ;UDs also in .nne1es 2 +lossary and E1tended 3ocaulary
Course for Newcomers ">
Reservations: If a %rovision of a convention violates a stateQs
do&estic constitutional law) that country will usually file a
RreservationR to the %rovision' This &eans that the 0tate would not
e legally oligated to follow the s%ecific %rovision for which the
reservation was filed' 0tates cannot file a reservation that invalidates
the &ain intention or s%irit of the convention'
Understandings and Declarations: These are state&ents a 0tate can
&a-e to clarify how it elieves a %articular %rovision should e
inter%reted' They do not legally e1e&%t the 0tate fro& a %rovision'
Accede: There will usually e a s%ecified %eriod of ti&e during which
states can eco&e %arties
"8
to a convention y signing and ratifying
it' .fter this %eriod has ended) 0tates can ty%ically eco&e %arties or
&e&ers to a convention y showing their agree&ent or RaccedingR
to the convention'
"?

* Remember: Once the treaty has been signed, the net
ste! is ratification." #egal obligations are created when
a $tate ratifies a treaty, ma%ing the $tate a !arty" to
the agreement'
9hen an international convention is develo%ed) a decision is &ade
regarding how &any 0tates &ust eco&e "States Parties" efore the
convention will Renter into forceR
"(
' Until a convention has officially
entered into force) it is not legally enforceale on any 0tate) even if
that 0tate has signed and ratified the convention' . convention
assu&es the full force of international law when the %reBdeter&ined
nu&er of 0tates eco&es 0tates %arties'
"6

In general) hu&an rights treaties generate two ty%es of oligations for
0tates %artiesD
"8
0ee 0tates Parties in .nne1es 2 +lossary and E1tended 3ocaulary
"?
0ee .ccession also in .nne1es 2 +lossary and E1tended 3ocaulary
"(
0ee Entry into @orce also in .nne1es 2 +lossary and E1tended 3ocaulary
"6
.n International Disaility and /u&an ;ights !onvention' .n Education and
,utreach Tool for the U0 +rassroots Disaility !o&&unity' National !ouncil on
Disaility' 5in- to the article
Course for Newcomers "=
Negative oligations) through which govern&ents agree to not
violate the rights s%ecified in a treatyF and)
Positive oligations) through which govern&ents agree to ta-e
active &easures in order to guarantee or %rotect the rights
s%ecified in a treaty'
%.2. #ow is an International Convention Converted into a
National 5aw3
The %rocess of ada%ting do&estic law to coincide with an
international convention is slow and co&%le1' This %rocess is)
however) funda&ental and a reAuire&ent %rior to ratification' @or the
Disaility !onvention) 0tates will e %ri&arily res%onsile for
transfor&ing legislative) ad&inistrative and 4udicial %ractices)
e&%owering %eo%le with disailities to e1ercise their rights) enforcing
these rights and res%onding to disaility advocacy' 0tates Parties to
an international convention are legally ound to i&%le&ent the
%rovisions contained in the convention within their do&estic
legislation' International law relies on 0tates to ado%t legislation and
other &easures in a &anner that is consistent with their constitutional
%rocesses' It is then the res%onsiility of the 0tate to develo% and
i&%le&ent the laws so they are consistent with the international
convention' It is also i&%ortant that the 0tate allows for %eo%le to
ring their co&%laints to an inde%endent and i&%artial %anel) court or
triunal and see- an a%%ro%riate solution or re&edy when the
convention is not fulfilled'
/ow a convention is i&%le&ented de%ends) in %art) on a countryJs
legal syste&' 9hile so&e countries &ay use the !onvention directly
as a legal te1t others will incor%orate the content of the treaty into
new or e1isting legislations'
National i&%le&entations of econo&ic) social and cultural rights will
also e different de%ending on each countryJs level of develo%&ent'
:ost conventions oligate that a 0tate K%rotect rights to the &a1i&u&
of their availale resources'L This state&ent clearly reAuires 0tates
Parties to do &ore than &erely estalishing laws and %rogra&s that
discourage discri&ination ut instead to wor- %roactively to create
legislation that i&%acts %eo%le with disailities in a %ositive &anner'
">
* Remember: &ollowing ratification, a $tate must ensure
that its national laws are not in conflict with its
obligations under the treaty. The $tate decides how to
incor!orate a treaty into its national legislation, or how
to a!!ly it internally. $ome $tates' laws re(uire the
government to develo! laws to incor!orate the
obligations of the treaty into internal legislation.
Others automatically consider the international treaties
they have ratified as !art of national law.
'. 0hat Is a )reaty (onitoring 4ody and 0hat Is Its
6ole3
Each of the seven core UN hu&an rights treaty has a &onitoring
ody) usually a co&&ittee, res%onsile for su%ervising the
i&%le&entation of those treaties' Each co&&ittee is &ade u% of
&e&ers who are inde%endent e1%erts no&inated and elected y
0tates Parties' The si*e and co&%osition of each co&&ittee is
different de%ending u%on what is reAuired y the treaty' The
co&&ittees &eet two or three ti&es a year) which also de%ends on
the !onvention) at the UN offices in New Ior- or +eneva' The -inds
of &onitoring activities &ay includeD
;eceives) reviews and co&&ents on re%orts su&itted y
0tates PartiesF
!onducts inAuiry %rocedures which are confidential inAuiries
underta-en y the co&&ittee in the case of grave #serious$ or
syste&ic violations of the treaty of a 0tate PartyF and
">
,verview of International 5egal @ra&ewor-s
for Disaility 5egislation' UN Enale
9esite 5in-
to the .rticle
!onducts co&&unication %rocedures where the co&&ittee
receives co&%laints regarding treaty violation su&itted y
0tates) individuals and so&eti&es grou%s of N+,s'
!o&&ittees &ay issue general comments or general
recommendations with the o4ective of clarifying the road rights and
guarantees that the international treaties have estalished' This
&echanis& was designed to hel%s 0tates i&%le&ent the !onvention'

0ide event during the (
th
.d /oc !o&&ittee :eetingB 5isa Hau%%inen of the
9orld @ederation of the Deaf is signing
Course for Newcomers 2"
Activities
Develo$ment 7uestions
;es%ond to the following AuestionsD
"$ 9hat is an international convention6
2$ 9hat is the difference etween oligatory and not oligatory
instru&ents of international law6
8$ :ention the o%tions that states have at the ti&e the convention
is ado%ted y the United Nations
?$ /ow does a national law eco&e an international law6
($ Descrie the ty%es of activities that &ay e included in the
&onitoring of a convention'
)rue or 8alse
Deter&ine if the following assertions are true #T$ or false #@$
"$ The +eneral .sse&lyJs ;esolutions are legally inding for
0tates' #T$ or #@$
2$ 9hen a status signs a treaty) it generally signifies %olitical
a%%roval and the intent to ratify it y the legislature that governs
the state' #T$ or #@$
8$ The &anner in which a convention is %ut into %ractice does not
de%end on a countryJs legal syste&' #T$ or #@$
?$ The si*e and co&%osition of the &onitoring co&&ittee are
eAual for all international treaties in the real& of the United
Nations' #T$ or #@$
($ The co&&ittees can &a-e Kgeneral co&&entariesL or Kgeneral
reco&&endationsL with the o4ective of clarifying the fullness of
the rights and guarantees that the international treaties have
estalished #T$ or #@$
(ulti$le Choices
!hoose the correct answer to co&%lete each sentence' ,nly one of
the o%tions is correct'
"$ .n international treaty is
aB an international treaty etween 0tates
B a not oligatory instru&ent that e1%resses the co&&on
interest of a grou% of 0tatus and is ado%ted under the
aus%ices of an agency that is %art of an international
organi*ation) 4ust li-e the United Nations +eneral .sse&ly
cB a s%ecial co&&ittee for drafting a United Nations !onvention
dB None of the aove
2$ The hu&an rights treaties generate
aB ,nly %ositive oligations
B ,nly negative oligations
cB Positive and negative oligations
dB None of the aove
8$ The &ain %art of the conventions oligate 0tates to %rotect
rights
aB to the &a1i&u& of its availale resources
B to the &ini&u& of its availale resources
cB only through the law
dB None of the aove
?$ .t the ti&e a country has ratified a convention
aB it is under legal oligation to follow all the %rinci%les of the
convention
B the country eco&es a K:e&erB0tateL of the convention
cB it &ust incor%orate the convention into do&estic legislation
dB .ll of the aove

($ The ty%es of &onitoring activities can include
aB to receive) revise and co&&ent on the re%orts su&itted y
the :e&erB0tates
B to elect the .d /oc !o&&ittee President
cB signing the convention
dB .ll of the aove
Course for Newcomers 2?
< Activity Answers
"$ 9hat is an international convention6
. United Nations convention or treaty is a legal oligation in
international law'
2$ 9hat is the difference etween oligatory and not oligatory
instru&ents of international law6
,ligatory instru&ents create co&&it&ents with which
govern&ents &ust co&%lyF not oligatory instru&ents are only
guides and designate govern&ent goals'
8$ :ention the o%tions that states have at the ti&e the convention
is ado%ted y the United Nations
0tates can sign) sign and ratify) sign and ratify with reservations
andGor declarations of inter%retations) or adhere to a
convention'
?$ /ow does a national law eco&e an international law6
.lter ratification) a state &ust guarantee that its national laws
are not contradictory to the oligations derived fro& the treaty'
The state decides how to incor%orate the treaty in its national
legislation) or how to a%%ly it internally' 0o&e 4udicial syste&s
reAuire that the govern&ent develo% laws to incor%orate the
treaty oligations in the internal legislation' ,thers
auto&atically consider the international treaties that have een
ratified as %art of the national legislation'
($ Descrie the ty%es of activities that &ay e included in the
&onitoring of a convention'
The ty%es of &onitoring activities can includeD
Course for Newcomers 2(
To receive) revise and co&&ent on the re%orts su&itted
y the :e&erB0tatesF
To conduct confidential investigative %roceedings guided
y the !o&&ittee in case of serious or grave syste&atic
violations the treaty on the %art of a :e&erB0tate'
To conduct co&&unication %rocedures where the
!o&&ittee receives co&%laints with res%ect to the
violation of the treaty su&itted y the 0tates) individuals
and so&eti&es grou%s of nongovern&ental
organi*ations' #,N+$'

)rue or 8alse
"$ The +eneral .sse&lyJs ;esolutions are legally inding for
0tates #@$
2$ 9hen a status signs a treaty) it generally signifies %olitical
a%%roval and the intent to ratify it y the legislature that governs
the state #T$
8$ The &anner in which a convention is %ut into %ractice does not
de%end on a countryJs legal syste& #@$
?$ The si*e and co&%osition of the &onitoring co&&ittee are
eAual for all international treaties in the real& of the United
Nations #@$
($ The co&&ittees can &a-e Kgeneral co&&entariesL or Kgeneral
reco&&endationsL with the o4ective of clarifying the fullness of
the rights and guarantees that the international treaties have
estalished #3$
(ulti$le Choices
"$ .n international treaty is
aB an international treaty etween 0tates
2$ The hu&an rights treaties generate
cB Positive and negative oligations
8$ The &ain %art of the conventions oligate 0tates to %rotect
rights
aB to the &a1i&u& of its availale resources
?$ .t the ti&e a country has ratified a convention
dB .ll of the aove

($ The ty%es of &onitoring activities can include
aB to receive) revise and co&&ent on the re%orts su&itted y
the :e&erB0tates
Course for Newcomers 2>
(odule % 9valuation
6es$ond to the following :uestionsD
"$ 9hat do reserves of a treaty or convention &ean6
2$ 9hen does a convention officially enter into force6
Determine if the following statements are true ;)< or false ;8<
8$ . convention ta-es on full force of international law when a
%redeter&ined nu&er of 0tates eco&es %arty to the
convention #T$ or #@$
?$ It is not res%onsiility of the 0tate to develo% and %ut in %ractice
the laws so that they are consistent with the international
convention #T$ or #@$
Choose the correct answer to com$lete the following incom$lete
sentence.
($ Declarations of inter%retation
aB e1onerate the state fro& its oligations res%ecting the
convention
B are declarations of war
cB do not e1onerate the state fro& its oligations res%ecting the
convention
dB None of the aove
Course for Newcomers 2=
< Answers to (odule % 9valuation
"$ 9hat do reserves of a treaty or convention &ean6
If a dis%osition of a convention rea-s a 0tateJs national
constitutional law) the country nor&ally will file a RreserveR to
the dis%osition' This &eans that the state will not e legally
forced to follow s%ecific the dis%osition corres%onding to the
filed reserve' 0tates cannot file a reserve that invalidates the
intention or the &ain s%irit of the convention'
2$ 9hen does a convention officially enter into force6
. convention assu&es total force of the international law when
the %redeter&ined nu&er of 0tates eco&es %arty to the
convention'
8$ . convention ta-es on full force of international law when a
%redeter&ined nu&er of 0tates eco&es %arty to the
convention #T$
?$ It is not res%onsiility of the 0tate to develo% and %ut in %ractice
the laws so that they are consistent with the international
convention #@$
($ Declarations of inter%retation
cB Do not e1onerate the state fro& its oligations res%ecting the
convention
Com$lementary 6eading
;ead the following fact sheet on the 28rd 0%ecial 0ession of the UN
+eneral .sse&ly'
;eflect on the changes attained in different countries since the
ado%tion of the !onvention of the 9o&an' Do you elieve that this
!onvention has had a %ositive effect on the lives of wo&en in the
world) according to what has een e1%ressed in this article6 9hy6
)nited *ations +e!artment of ,ublic -nformation
&act $heet *o. .
#in% to the article /original source0
Human Rights of omen

The &ourth 1orld 2onference on 1omen, held in 3ei4ing in 5..6,
reaffirmed that the full and e(ual en4oyment of all human rights
and fundamental freedoms by women and girls was a !riority for
governments and the )nited *ations, and essential for the
advancement of women. -t stressed that governments must not
only refrain from violating the human rights of women but must
wor% actively to !romote and !rotect these rights.
The ,latform for Action, ado!ted by the 3ei4ing 2onference,
identified the lac% of res!ect for the human rights of women as
one of the 57 areas of concern re(uiring government and
international action. The ,latform called for the full
im!lementation of all human rights instruments, es!ecially the
2onvention on the 8limination of All &orms of +iscrimination
against 1omen. -t also stressed the im!ortance of ensuring
e(uality and non9discrimination, under law and in !ractice, and the
achievement of legal literacy.
The )nited *ations 2ommission on the $tatus of 1omen has been
instrumental in bringing to light all the areas in which women are
denied e(uality with men. +uring its forty9second session in 5..:,
the 2ommission !ro!osed further action by states, the
international community and civil society to !romote the human
rights of women.
International !egal Instruments
The ,latform for Action highlights the central role of the
2onvention on the 8limination of All &orms of +iscrimination
against 1omen in the advancement of women and the
achievement of gender e(uality. The 2onvention establishes not
only an international bill of rights
5:
for women, but also an agenda
for action by governments to guarantee the en4oyment of those
rights.
The 2onvention was ado!ted by the )* ;eneral Assembly in
+ecember 5.<. and entered into force as an international treaty
on = $e!tember 5.:5. The ,latform for Action envisaged
universal ratification of the 2onvention by the year 7>>>. As of 5
*ovember 5..., the number of states !arties to the 2onvention
had grown to 5?6, with *ew @ealandAs ratification also
incor!orating the 2oo% -slands and *iue. Bost have acce!ted
their obligations unconditionally, although several have entered
substantive reservations, some based on religious law and cultural
traditions.
"=
0ee International Bill of ;ights in .nne1es 2 +lossary and E1tended
3ocaulary
9 The O!tional ,rotocol to the 2onvention was o!ened for
signature on Cuman Rights +ay, 5> +ecember 5.... )!on its
entry into force three months after the recei!t of the tenth
instrument of ratification or accession, the O!tional ,rotocol will
!ut the 2onvention on an e(ual footing with other international
human rights instruments having individual com!laints !rocedures.
-t will enable women victims of se discrimination to submit
com!laints to the 2ommittee on the 8limination of +iscrimination
against 1omen /28+A10, the treaty body established under the
2onvention.
International Human Rights "achinery and "echanisms
The ,latform for Action em!hasiDes the im!ortant role of the
2ommittee on the 8limination of +iscrimination against 1omen.
The 2ommittee reviews the re!orts of $tates !arties on the
im!lementation of the 2onvention. Other human rights treaty
bodies also increasingly recogniDe human rights situations that
are s!ecific to women.
9 $ince 5..6, the 2ommittee has considered 6< re!orts of $tates
!arties. As of 5 August 5..., there were 767 overdue re!orts to
the 2ommittee.
9 The )nited *ations 2ommission on Cuman Rights now includes in
its agenda a regular item on the integration of the human rights
of women and the gender !ers!ective, while at the same time
em!hasiDing the need to mainstream a gender !ers!ective under
all items on its agenda.
9 Bany governments actively !romote the human rights of women
in international fora and coo!erate with s!ecial ra!!orteurs of
the 2ommission on Cuman Rights. The countries which the $!ecial
Ra!!orteur on Eiolence against 1omen visited in 5... include
2uba, -ndonesia and 8ast Timor, and the )nited $tates.
#nsuring #$uality and
%on&discrimination
-n all regions, !rogress has been made in strengthening the legal
framewor% for e(uality, and in ensuring adherence to legislation.
Bechanisms to remedy violations of rights have become better
established, with courts in a growing number of countries actively
fostering com!liance with womenAs human rights. ;overnments
have also recogniDed the need to com!lement legislation with
other measures, including social reform, to ensure de facto
realiDation of the human rights of women.
9 8ritrea, 8thio!ia, Borocco and ,oland have strengthened
!rovisions in their 2onstitutions guaranteeing e(uality between
women and men and the !rotection of womenAs human rights.
9 -n Oman, the !olitical rights of women were enhanced when
they were granted the right to vote in 5..<.
9 Bonaco and the Re!ublic of Forea are among the countries that
have eliminated !rovisions in their nationality laws that
discriminated against women.
9 3runei +arussalam, with the introduction of a new -slamic
&amily #aw, is among the countries that have revised civil and
family codes. -n many countries, the revisions reflect the e(ual
sharing of communal !ro!erty between s!ouses, e(uality between
women and men in marriage and divorce law, and standardiDation
of inheritance.
9 Bongolia, *e!al and TanDania have re!laced discriminatory
legislation or introduced new legislation with regard to
inheritance, !ro!erty, land and other ownershi! rights.
9 $everal African countries, including ;hana and $enegal, have
introduced legislation criminaliDing harmful traditional !ractices,
such as female genital mutilation.
9 Tur%ey is one of several countries that have made changes in
their !enal codes eliminating the differential treatment of men
and women with res!ect to adultery, as well as for the murder of
a s!ouse.
9 2anada has made the criminal 4ustice system more accessible to
vulnerable grou!s, including aboriginal women and women with
disabilities.
9 -ran and *e!al have made !rogress in establishing s!ecial family
courts, and womenAs offices in the 4udiciary.
9 The Beican *ational 2ommission on Cuman Rights undertoo% a
study com!aring federal and state standards relating to women
and children with the 2onvention on the 8limination of All &orms
of +iscrimination against 1omen and the 2onvention on the
Rights of the 2hild. 3ased on the findings, recommendations were
made for legislative reform in several areas.
9 -n the Russian &ederation, the $tate +uma ado!ted guidelines
on legislative action to ensure e(ual rights and e(ual o!!ortunities
for women and men.
'chieving !egal !iteracy

$te!s have been ta%en to !romote legal literacy by !ubliciDing and
disseminating information on laws relating to the e(ual status and
human rights of all women.
9 Albania, 3ur%ina &aso, 2hile, 8cuador and $enegal are among the
governments that have launched legal education !rograms, with a
focus on the human rights of women. These include the training
of 4udges and law enforcement officials.
9 The Beican *ational 2ommission for 1omen issued a handboo%
entitled GCow to legislate from a gender !ers!ectiveG and used it
in information wor%sho!s for legislators.
9 -n many countries that have carried out awareness raising and
sensitiDation efforts on the human rights of women, national
machineries have been instrumental in the systematic
dissemination of information to women about their rights.
-nternational treaties and domestic codes have been translated
into local languages and widely disseminated.
9 A number of governments have su!!orted the creation of
cha!ters dedicated to womenAs rights within non9governmental
organiDations.

This fact sheet is based on GReview and A!!raisal of the -m!lementation of the 3ei4ing
,latform for Action: Re!ort of the $ecretary9;eneralG /8H2*.?H7>>>H,2H70.
,ublished by the )nited *ations +e!artment of ,ublic -nformation
+,-H7>=6H-IBay 7>>>

(odule 2
Panora&ic %hoto of a grou% including %eo%le with disailities
The International Convention
on (isability
(odule 2+ )he International Convention on
Disability
+overn&ents worldwide are considering the ado%tion of a
transcendental treaty on %eo%le with disaility) which u%on eing
a%%roved will estalish rules that will &a-e %rotection and %ro&otion
of hu&an rights for %eo%le with disailities oligatory and verifiale'
The treaty will loo- outside the traditional conce%t of access to
%hysical s%aces to include the&es li-e the eAuality of access to social
o%%ortunities) health) education) e&%loy&ent) and true %olitical)
econo&ic and social develo%&ent' .nother dra&atic worldwide
advance will e that govern&ents who sign the treaty will e legally
oligated to deal with %eo%le with disailities) not only as victi&s or a
&inority) ut as su4ect to rights and %rotections %rovided y inding
laws'
"7
In this &odule you will acAuire new -nowledge aout the history and
the govern&ental and intergovern&ental %rotagonists of the
negotiations that are eing carried out at the United Nations to draft a
treaty or convention that %rotects the rights of %eo%le with disailities)
learn s%ecific ter&s used in these negotiations) and reflect on the
i&%ortance of the laws for the res%ect of the rights of %eo%le with
disaility'
2'"' /istory of the International !onvention on Disaility
2'"' .' The necessity of a convention on disaility
2'"' B' Decision of the +eneral .sse&ly on the convention on
disaility
2'"' !' Preli&inary :eetings of the .d /oc !o&&ittee #!./$ and the
9or-ing +rou%
"7
"0 0tories the 9orld should hear aout' UN News !enter G .%ril B :ay
200?

Issue 5in- to the article
2'2 NegotiationsD Present and @uture
. half an hour of dedication
2'8 NegotiationsD +overn&ental Protagonists
2'8' .' !o&&ittee President and Bureau
2'8' B' !oordinator
2'8' !' !ountry @acilitators
2'8' D' ;egional grou%s that wor- in the %rocess
2'8' @' +overn&ent Delegates with a disaility
2'? Intergovern&ental .gencies that %artici%ate in the negotiations
2'?' .' De%art&ents of the United Nations that su%%ort the %rocess
2'?' B' ,ther United Nations agencies that can intervene in the
Negotiations
2.%. 4ackground of the International Disability
Convention
A. Need for a Disability Convention
The rights of the %eo%le with disailities are included under the
universal %rinci%les of nonBdiscri&ination li-e the Universal
Declaration of /u&an ;ights and the Pact on Econo&ic) 0ocial and
!ultural ;ights) ut &any countries and regions of the world have
failed to develo% laws that reflect the %rinci%les and standards
estalished in these and other %acts and agree&ents' !ertain
cultural and social %erce%tions also %revent the develo%&ent and
i&%le&entation of such %olicies) es%ecially when referring to the
%lace of the %erson with disaility in society'
0ince they have een estalished) the hu&an rights of %eo%le with
disailities are &entioned in various instru&ents) nonBinding
declarations and other instru&entsF however) so&e of these
instru&ents or treaty %rovisions &ay actually negatively affect the
rights of %eo%le with disailities y creating inferior standards' They
have not een elaorated on) corrected or defended in any unified
international treaty'
In the %ast) there have een other atte&%ts to ring the attention of
disaility rights to the international co&&unity' @or e1a&%le) in "778)
the Standard
20
Rles on t!e "#ali$ation o% &''ortnities %or Persons
wit! Disabilities was ado%ted as one of the outco&es of the UN
Decade of Disaled Persons #"7=8B"772$' The ;ules Kre%resent a
strong &oral and %olitical co&&it&ent of govern&ents to ta-e action
to attain eAuali*ation of o%%ortunities for %ersons with disailities)L
and Kserve as an instru&ent for %olicyB&a-ing and as a asis for
technical and econo&ic coo%eration'L
2"
There are 22 rules that
e&%hasi*e the social) or hu&an rights &odel) of disaility) as well as
the &essage conveyed y the 9orld Progra& of .ction'
22
The ;ules
were elaorated as state&ents of intent and currently are not legally
inding) therefore there is no estalished way to &onitor or enforce
20
0ee 0tandards in .nne1es 2 +lossary and E1tended 3ocaulary
2"

0tandard ;ules on the EAuali*ation of ,%%ortunities for Persons with Disailities' UN Enale 9esite
5in- to the article
22

Iid
co&%liance y the govern&ents that have ado%ted the 0tandard
;ules' . su%%le&ent has already een develo%ed in coo%eration
with the %anel of e1%erts fro& international organi*ations of %eo%le
with disailities and is waiting to e ado%ted y the United Nations
!o&&ission on 0ustainale Develo%&ent #!0D$ and the +eneral
.sse&ly' The develo%&ent of a !onvention is an o%%ortunity to
address such issues &ore adeAuately'
* Remember: An international treaty on human rights for
!ersons with disability should serve to !rotect the
rights of !ersons with disability and !rovide mechanisms
to monitor $tate ,arties' conformity to treaty
obligations'
The %ro%osed U( Disabilit) *onvention recogni*es the ostacles
%eo%le with disailities face) elaorates on e1isting hu&an rights
nor&s) and inter%rets those nor&s in a disaility conte1t' The
convention should incor%orate in%ut fro& the disaility co&&unity
and disaility organi*ations as well as general %rinci%les of hu&an
rights) dignity and selfBdeter&ination) eAuality) and social 4ustice) as
set out in the International Bill of /u&an ;ights'
28
In order to succeed where e1isting hu&an rights law historically has
failed to %rotect %eo%le with disailities) it is necessary to develo%
convention ased on the e1%eriences and insight of %eo%le with
disailities' Part of the rationale of the convention %rocess is the
wides%read acce%tance of this need for new inter%retations and
a%%lications of funda&ental hu&an rights'
.n international hu&an rights treaty for %eo%le with disailities should
serve to %rotect s%ecific rights for %eo%le with disailities' It should
also %rovide &echanis&s for &onitoring 0tate PartiesJ co&%liance
with the oligations' The transfor&ative nature of the treatyB&a-ing
%rocess itself has the %otential to %roduce a variety of enefits)
includingD
28
InclusiSn International' ,ur %riorities' UN !onvention' 5in- to the Page

Course for Newcomers ?0
raising the general %ulicQs awareness aout the hu&an
rights of %eo%le with disailitiesF
highlighting auses of those rightsF
further develo%ing the -nowledgeBase of govern&ental and
nonBgovern&ental %artici%antsF
contriute to a necessary diversity in the -nowledge of
hu&an rights and other si&ilar institutionsF
contriute to the develo%&ent of do&estic legislationF
%roviding the rationale for e1tensive %rogra&&atic
develo%&entsF
offering ca%acityBuilding o%%ortunities for disaility grou%s
as a result of increased gloal focus on their issuesF
encourages data collection and sharing of infor&ationF and)
hel% local courts %ro&ote and %rotect the hu&an rights of
%eo%le with disailities'
* Remember: There are no established means to enforce
the $tandard Rules. The develo!ment of a convention is
an o!!ortunity to formulate obligatory standards for full
human rights'
4. =eneral Assembly decision on a Disability Convention
.s has already een e&%hasi*ed) the rights of %eo%le with disailities
are grounded in a road hu&an rights fra&ewor- ased on the
United Nations !harter) the Universal Declaration of /u&an ;ights)
and other hu&an rights instru&ents' /owever) the need for a s%ecific
convention for %eo%le with disailities has een increasingly
recogni*ed' In 200") +eneral .sse&ly resolution (6G"6= estalished
an +d ,oc *ommittee) which would re%ort to the +eneral .sse&ly
Rto consider %ro%osals for a co&%rehensive and integral international
convention to %ro&ote and %rotect the rights and dignity of %ersons
with disailities ased on the holistic a%%roach in the wor- done in the
fields of social develo%&ent) hu&an rights and nonBdiscri&ination
and ta-ing into account the reco&&endations of the !o&&ission on
/u&an ;ights and the !o&&ission for 0ocial Develo%&ent'R The
resolution followed &any years of advocacy y the disaility
Course for Newcomers ?"
co&&unity for the inclusion of disaility in the UN hu&an rights legal
fra&ewor-'
2?

UN 0ecretary +eneral Hofi .nan at the .d /oc !o&&ittee
The :e1ican govern&ent organi*ed the InterBregional E1%ert +rou%
:eeting on the !o&%rehensive and Integral International !onvention
to Pro&ote and Protect the ;ights and Dignity of Persons with
Disailities) in :e1ico !ity) fro& ""B"? June 2002' The &eeting was
a su%%ortive res%onse to the UNJs creation of the .d /oc !o&&ittee
#./!$ and en4oyed su%%ort fro& the UN De%art&ent of Econo&ic
and 0ocial .ffairs and the :e1ican suBregional office of the
Econo&ic !o&&ission for 5atin .&erica and the !ariean
#E!5.!$' :any Disaled Peo%le ,rgani*ations #DP,s$ %artici%ated
in the &eeting) which convened disaility and legal e1%erts) as well
as national and international govern&ental and nonBgovern&ental
re%resentatives' During the &eeting) %artici%ants discussed the
o4ectives) definitions) relevant issues) and i&%le&entation
%rocedures that would e included in the drafting and develo%&ent
%rocess of the convention'
In 2008) the +eneral .sse&ly &oved the %rocess to the ne1t stage
when it decided to egin the negotiations of a draft convention te1t
that :e1ico had %re%ared'
2(

2?

Pro&oting the rights of %ersons with disailitiesD @ull %artici%ation and eAuality
in social life and

develo%&ent UN enale 9esite 5in- to the article

2(
@.Cs' UN enale 9esite 5in- to the article
-n 7>>5, ;eneral Assembly Resolution 6?H5?:
established an Ad Coc 2ommittee, which is o!en to any
member state, to consider !ro!osals for the
develo!ment of a convention.
C. Previous Ad #oc Committee (eetings ;A#C< and the 0orking
=rou$
The -irst Session o% t!e +d ,oc *ommittee #./!$ too- %lace fro& 27
July to 7 .ugust 2002' Partici%ants discussed the rationale for a
convention and des%ite so&e atte&%ts to i&%ede the %rocess) the .d
/oc !o&&ittee decided to see- views and suggestions on a
convention y 0tates and all relevant international) regional and
national organi*ations) and agreed to &eet again in 2008'
The Second Session o% t!e +d ,oc *ommittee too- %lace fro& "6 to
2> June 2008' During this session) the .d /oc !o&&ittee decided to
%roceed with the drafting of a convention' It also decided to estalish
a 9or-ing +rou% to %re%are and %resent a draft te1t of a convention)
which would e the asis for negotiation y :e&er 0tates' The
9or-ing +rou% would include 2> govern&ents) "2 N+,s) and "
national hu&an rights institution re%resentative) with discussion led
y a !oordinator' The discussions of the 9or-ing +rou% were to
ta-e into account all %revious contriutions su&itted to the .d /oc
!o&&ittee'
In accordance with .eneral +ssembl) Resoltion /01223) the .d /oc
!o&&ittee started its negotiation on a draft convention at its 4!ird
Session) which too- %lace fro& 2? :ay to ? June 200?' The
!o&&ittee egan the first reading of the te1t %re%ared y the
9or-ing +rou%) %ro%osed a&end&ents) and %roduced a co&%ilation
of a&end&ents docu&ent' During these sessions each govern&ent
had the o%%ortunity to give their o%inions) suggestions and at ti&es
even offer %ro%osed te1ts' These state&ents are referred to as an
Kintervention'L In addition) other UN agencies) such as the
International 5aor ,rgani*ation #I5,$ or the UN Education) 0cience
and !ulture ,rgani*ation #UNE0!,$ have also %rovided
interventions as well as civil society including DP,s' Due to the
co&%le1ity of the issues) the !o&&ittee decided to delay
consideration of definitions) &onitoring) and final %rovisions until the
draft eco&es &ore finali*ed'
N+, riefing at the 0econd .d /oc !o&&ittee &eetingB first line 0tefan
TrE&el fro& ED@
.t its -ort! Session) fro& 28 .ugust to 8 0e%te&er 200?) the .d
/oc !o&&ittee concluded its first reading of the draft convention and
reviewed the suggested a&end&ents to .rticles "B2 and ?B>#?$' The
suseAuent &eeting) the -i%t! Session of the .d /oc !o&&ittee)
too- %lace fro& 2? January to ? @eruary) 200(' In this &eeting) the
!o&&ittee continued to review suggested a&end&ents to .rticles
>#($ B "( and re%orts y the ./! after these reviews indicate where
the negotiations stand at this %oint'
The &ost recent session) the Si5t! Session) too- %lace .ugust " to
the "?) 200(' During this ti&e) the !o&&ittee reviewed the final
articles) "( to 2?) and also reviewed the issue of &onitoring' Based
u%on the co&&ents given in the fourth) fifth and si1 sessions) the
!hair&an) .&assador Don :acHay of New Tealand) will create a
new te1t' Until now each session has lasted two wee-sF nevertheless)
Course for Newcomers ??
the January 2006 session will last three wee-s) in order to consider a
co&%lete reading of the te1t of the President'
2.2. Present and future of the Negotiations
0o far) the draft te1t is still eing negotiated and everything re&ains
o%en for deate and discussion' 0o&e %rovisions still need to e
discussed) e'g' definitions' The actual negotiations held in infor&als
under the chair&anshi% of .&assador :acHay started during the
second wee- of the ?
th
./! &eeting in .ugust 200?'
article " Pur%ose
article 2 +eneral Princi%les
article ( Pro&oting %ositive attitudes
article 6 !ollection of statistics
article > #e1ce%t last %aragra%h$ EAuality and Non
discri&ination
During the (
th
./! &eeting held in JanuaryB@eruary 200() the
following articles were discussedD
article > #last %aragra%h$
article = ;ight to 5ife
article = is
26
Persons with disailities in E&ergency
0ituations
article 7 ;ecognition Before the 5aw
article 7 is .ccess to Justice
article "0 5ierty and 0ecurity of the Person
article "" @reedo& of Torture) Inhu&an and Degrading
Treat&ent
article "2 @reedo& fro& 3iolence and .use
article "2 is !onsent to Interventions
article "8 @reedo& of E1%ression and ,%inion) and
.ccess to Infor&ation
article "? ;es%ect for Privacy) the /o&e and the @a&ily
article "( 5iving Inde%endently and Being Included in the
!o&&unity #not finished$
26
0ee Bis in .nne1es 2 +lossary and E1tended 3ocaulary
Course for Newcomers ?(
During the 6
th
./! &eeting held in .ugust 200() the following articles
were discussedD
article "( 5iving Inde%endently and Being Included in the
!o&&unity #continued$
article "( is 9o&en with Disailities
article "6 !hildren with Disailities
article "> Education
article "> is 5ife and 0ocial Develo%&ent 0-ills
2>
article "= Partici%ation in Political and Pulic 5ife
article "7 .ccessiility
article 20 Personal :oility
article 2" ;ight to /ealth and ;ehailitation
2=
article 2" is ;ight to /ailitation an ;ehailitation
article 22 ;ight to wor-
article 28 0ocial 0ecurity and an .deAuate 0tandard of
5iving
article 2? Partici%ation in !ultural 5ife) ;ecreation)
5eisure and 0%ort
article 2? is International !oo%eration
article 2( :onitoring
0tructure of the !onvention
U%on the co&%letion of the ./! :eeting) the !hair su&&ari*es the
discussions of the articles within a final re%ort' Then the re%ort is
discussed and agreed on in the %lenary' @or so&e articles) the
relevant country facilitator has %re%ared a new version of the article)
which has not een discussed in Plenary) ut can e found on the
DE0.
27
9esite' In addition) ;ehailitation International has
develo%ed daily su&&aries that %rovide a detailed descri%tion of
2>

This %ro%osed article was su&itted y the .ustralian delegation and the
conce%t of having an article devoted to life s-ills was su%%orted y &any other
delegations and N+,s'
2=

:any govern&ents and grou%s) including the ID! feel that health and
rehailitation should e s%lit into two articlesD one article on health and a
se%arate article on /ailitation and ;ehailitation
27
0ee DE0. in .nne1es B +lossary and E1tended 3ocaulary
various discussions and negotiations for each article that can e
found in ;I 9esite) 5in- to the 9esite
In addition to his re%ort) the %resident has develo%ed a new %ro%osed
te1t of the convention that was ased on the negotiations that have
ta-en %lace' This te1t will e the new asis of discussion for the >th
session and has the following structureD
Prea&le
P.;T I
.rticle " Pur%ose
.rticle 2 Definitions
.rticle 8 +eneral Princi%les
.rticle ? +eneral ,ligations
.rticle ( EAuality and NonBdiscri&ination
.rticle 6 9o&en with Disailities
.rticle > !hildren with Disailities
.rticle = .wareness with res%ect to %eo%le with disaility
.rticle 7 .ccessiility
P.;T II
.rticle "0 ;ight to 5ife
.rticle "" 0ituations of ;is-
.rticle "2 ;ecognition Before the 5aw
.rticle "8 .ccess to Justice
.rticle "? 5ierty and 0ecurity of the Person
.rticle "( @reedo& fro& Torture
.rticle "6 @reedo& fro& 3iolence) E1%loitation and .use
article "> Protecting the Integrity of the Person
.rticle "= @reedo& of :ove&ent
.rticle "7 5iving Inde%endently and Being Included in the
!o&&unity #not finished$
.rticle 20 Personal :oility
.rticle 2" @reedo& of E1%ression and ,%inion
.rticle 22 ;es%ect for Privacy
.rticle 28 ;es%ect for the /o&e and the @a&ily
.rticle 2? Education
.rticle 2( /ealth
.rticle 26 /ailitation and ;ehailitation
Course for Newcomers ?>
.rticle 2> 9or- and E&%loy&ent
.rticle 2= 0uitale 0tandard of 5iving
.rticle 27 Partici%ation in Political and Pulic 5ife
.rticle 80 Partici%ation in !ultural 5ife
P.;T III
.rticle 8" 0tatistics and Data !ollection
.rticle 82 International !oo%eration
.rticle 88 National :onitoring
.rticle 8? International :onitoring
0hat will #a$$en in 2>>- and 2>>3
It is not easy to %redict how a %rocess li-e this will develo%' /owever)
&any elieve that the %rocess &ay conclude as early as 200>' The
conclusion will e an agree&ent y the ./! on the te1t) which would
then e ado%ted y the +eneral .sse&ly of the United Nations' The
+eneral .sse&lyJs ado%tion would e followed y the signing and
ratification %rocess of the !onvention) which would only co&e into
force once a sufficient nu&er of UN :e&er 0tates have ratified it'
The nu&er of UN :e&er 0tates reAuired to ratify will de%end on
what is agreed u%on in the Kfinal %rovisionsL of the draft !onvention
te1t' This %rocess could last as long as "= &onths after the +eneral
.sse&lyJs ado%tion'
2.' =overnmental Protagonists of the Negotiations
The .d /oc !o&&ittee) estalished y the +eneral .sse&lyJs
resolution to consider a %ro%osal for a convention that defends the
rights of %eo%le with disailities) is a ody of the +eneral .sse&ly of
the United Nations and it is co&%osed of delegates fro& the :e&erB
0tate &issions of the United Nations' 9ithin the co&&ittee)
govern&ental actors interact who carry the &andate of their central
ca%italsF so&e of the& have s%ecial functions'
A. Chair and 4ureau of the Committee
The ./! Bureau consists of a !hair and four 3iceB!hairs elected y
the five UN regions #.frica) .siaBPacific) 5atin .&erica and
!ariean) East Euro%e and 9est Euro%e and ,thers$' Basically)
the Bureau is in charge of %rocedural issues) such as the %re%aration
Course for Newcomers ?=
of an agenda and a %ro%osed organi*ation of the &eetings' The
Bureau should &eet at least once etween) and several ti&es during)
the .d /oc !o&&ittee :eetings'
In accordance with the reco&&endation &ade in its final re%ort of the
(
th
0ession) on "8 .%ril 200() the !o&&ittee held an organi*ational
&eeting to elect new Bureau &e&ers' since the President of that
&o&ent was destined to another assign&ent' .&assador Don
:acHay of New Tealand) !oordinator of the .d /oc !o&&ittee) was
elected !hair of the !o&&ittee) succeeding .&assador 5uis
+allegos !hirioga) who had een the President until that &o&ent'
The !o&&ittee elected as its 3iceB!hairs :r' Jorge Ballestero fro&
!osta ;ica) :s' Ivana +rollova of the !*ech ;e%ulic) :r' :uJta*
/yassat of Jordan and :s' 5aoura 5a*ouras of 0outh .frica'
80
The Ad Coc 2ommittee bureau consists of a 2hair and
four Eice92hairs elected by the five regions of the )*.
4. )he Coordinator
.lthough it is not co&&on UN %ractice to have a !oordinator) during
the ?
th
./! &eeting) Don :acHay) New Tealand .&assador to the
United Nations in New Ior-) was a%%ointed as the !o&&ittee
!oordinator) in order to lead the infor&al sector #see further elow$'
.&assador :acHay had een the coordinator of the negotiations in
the ./! during ./!? and ( and since he has een chosen as the
new chair) the functions of coordinating the negotiations and chairing
the ./! have een co&ined'
C. Country 8acilitators
.lso in ?
th
0ession of the !./) the President of the !./ na&ed
!ountry @acilitators to hel% to &a-e a rough draft of s%ecific articles'
The @acilitators are re%resentatives of the countries that ta-e %art in
the negotiations) and in addition &ust serve as neutral actors and not
si&%ly to %lead for the %osition of their country) coordinating s%ecific
tas-s'
80

9hatJs new' UN Enale 9esite 5in- to the article

During the (
th
./! :eeting) country facilitators su%%orted the wor- of
the !oordinator and held ilateral and &ultilateral discussions with
delegates fro& govern&ents and N+,s to develo% new te1ts' These
consultations occurred efore) during and after the s%ecific article
was discussed in the %lenary and led to so&e new versions of
articles) which can e found on the DE0. Enale wesite'
.frican delegates at the UN
D. 6egional =rou$s .$erating in this Process
@or those interested in %artici%ating in the ./!) it is i&%ortant to
understand how the different regional grou%ings wor-) as the four
regional grou%ings do not coincide with the five UN regions' The five
UN regions tend to e considered outdated) since they reflect !old
9ar grou%ingsF however) they are still used ecause negotiating a
change would e very co&%licated'
The regional grou% with the &ost develo%ed coo%eration is the
Euro%ean Union' The 2( EU :e&er 0tates usually &eet daily
during ./! :eetings to discuss the various articles' They also &eet
several ti&es etween sessions in order to atte&%t to find consensus
on their %ositions' @urther&ore) in the Plenary only the country
holding the EU Presidency #which rotates every si1 &onths$ s%ea-s
on ehalf of the EU' ,ther countries) such as !anada) .ustralia)
New Tealand and) at ti&es) the U0 and Ja%an also tend to &eet
inter&ittently to try to coordinate with the EU'
Course for Newcomers (0
The other regional grou%s #the 5atin .&erica and !ariean grou%)
also -nown as +;U5.!) .ra grou%) .frican grou%$ &eet regularly
and so&e of the grou%s have a%%ointed s%o-es%ersons on s%ecific
articles' /owever) in Plenary all &e&ers can ta-e the floor' In
addition) &any of the regional grou%s have as-ed N+,s to oserve
or %artici%ate in their regular &eetings'
9. =overnment Delegates with Disabilities
.n increasing nu&er of countries have included %ersons with
disailities in their delegations' In so&e cases) they are govern&ent
officials) in others they are inde%endent e1%erts or re%resentatives
fro& national N+,s or DP,s'
!ountries that have %racticed this regularly includeD .rgentina)
.ustralia) !anada) !hile) !osta ;ica) Den&ar-) @inland) +er&any)
+uate&ala) Ireland) Israel) Ja&aica) Ja%an) Henya) Horea) 5eanon)
:e1ico) Na&iia) New Tealand) Norway) 0eria U :ontenegro)
0outh .frica) 0weden) Thailand) Uganda) United Hingdo&) United
0tates) and Ie&en' /owever) it is i&%ortant to note that during the
6
th
session of the ./!) the &a4ority of delegations %resent included at
least one %erson with a disaility'
2.? Intergovernmental Agencies that $artici$ate in the
Negotiations
A. 1N De$artments ,u$$orting the Process
The 0ecretariat to the ./! is %rovided y DE0. #United Nations
De%art&ent of Econo&ic and 0ocial .ffairs$) which includes a
Disaility Unit' DE0. &aintains a wesite with official docu&ents of
all the &eetings) as well as su&issions fro& govern&ents)
international organi*ations) N+,s) and national hu&an rights
institutions
8"
' ,fficial docu&ents are availale in the official UN
languages #English) @rench) 0%anish) ;ussian) !hinese and .raic$'
8"
0ee National /u&an ;ights Institutions in .nne1es B +lossary and E1tended
3ocaulary
Course for Newcomers ("
DE0.Js wesite) so&eti&es called the KEnaleL site) can e found at
htt%DGGwww'un'orgGesaGsocdevGenaleGrights'
The ,ffice of the /igh !o&&issioner on /u&an ;ights #,/!/;$
also %lays an advisory role to the !o&&ittee and has 4oint secretariat
res%onsiility'
4. .ther 1nited Nations Agencies that intervene in the
Negotiations
:ultilateral agencies of the United Nations) for e1a&%le the 9orld
/ealth ,rgani*ation) intervene in the negotiations with interventions
in the %lenary and in the ca%acity of e1%erts when the %resident or
another &e&er of the !o&&ittee as-s for the&' It is i&%ortant to
e&%hasi*e that they have a voice ut do not vote'
The &ost i&%ortant agencies that have %artici%ated until now areD
9orld /ealth ,rgani*ation or 9/,
Pan .&erican /ealth ,rgani*ation or P./,
United Nations !hildrenJs @und or UNI!E@
International 5aor ,rgani*ation or I5,
United Nations Educational) 0cientific and !ultural ,rgani*ation
or UNE0!,
Activities
;es%ond to the following Auestions
"$ 9hat are the 0tandard rules on the EAuality of ,%%ortunities for
%eo%le with disaility6
2$ 9hat %ur%ose does a treaty that %rotects the rights of %eo%le
with disailities serve6
8$ 9hat is the .d /oc !o&&itteeJs function6
?$ /ow is the .d /oc !o&&ittee organi*ed6
)rue or false
Indicate if the following state&ents are true #T$ or false #@$
"$ The Bureau of the .d /oc !o&&ittee consists of a President
and tour 3ice Presidents elected y the five regions of the
United Nations' #T$ or #@$
2$ The 2nd 0ession of the .d /oc !o&&ittee still has not ta-en
%lace' #T$ or #@$
8$ The 0ecretary of the .d /oc !o&&ittee is %rovided y the
United Nations De%art&ent of Econo&ic and 0ocial .ffairs' #T$
or #@$
?$ The wor-ing grou% will e the &onitoring ody of the
convention' #T$ or #@$
($ The office of the /igh !o&&ission of /u&an ;ights does not
intervene in the !onvention negotiations #T$ or #@$
(ulti$le Choices
!hoose the correct answer to co&%lete each sentence' ,nly one of
the o%tions is correct'
"$ ;esolution (6G"6= of the +eneral .sse&ly estalished
aB . wor-ing grou% to draft a %reli&inary convention
B .n .d /oc !o&&ittee to consider %ro%osals for a
convention on disaility
cB . &onitoring ody for the convention on disaility
dB None of the aove
2$ During the "st .d /oc !o&&ittee 0ession
aB There was so &uch o%%osition that the states did not
&eet again
B .rticles " and > were discussed
cB In s%ite of certain intentions to i&%ede the %rocess) it was
decided to gather suggestions for a convention on the
%art of the 0tates'
dB None of the aove
8$ 0o&e of the regional grou%s are
aB Euro%ean Union
B .frican Union
cB +;U5.!
dB .ll of the aove
?$ The current President of the .d /oc !o&&ittee is fro&
aB !hile
B !*ech ;e%ulic
cB New Tealand
dB None of the aove
Course for Newcomers (?
< Activity Answers
"$ 9hat are the 0tandard rules on the EAuality of ,%%ortunities for
%eo%le with disaility6
The 0tandard ;ules for the EAuality of ,%%ortunities for Peo%le
with Disailities were ado%ted as a result of the Decade of
Peo%le with Disailities #"7=8B"772$' The ;ules re%resent a
strong &oral and %olitical co&&it&ent on the %art of
govern&ents to act in order to attain the eAuality of
o%%ortunities for the %eo%le with disailityL) and Rserve as an
instru&ent for the elaoration of %olicies and as a asis for
technical and econo&ic coo%eration'
2$ 9hat %ur%ose does a treaty that %rotects the rights of %eo%le
with disailities serve6
.n international treaty on hu&an rights for %eo%le with disaility
&ust serve to %rotect the rights of %eo%le with disaility and to
%rovide &echanis&s to control the fulfill&ent of the oligations
of the treaty on the %art of the 0tates'
8$ 9hat is the .d /oc !o&&itteeJs function6
The !o&&ittee &ust consider %ro%osals for a full and integral
international convention to %ro&ote and %rotect the rights and
dignity of %eo%le with disaility ased on a holistic a%%roach of
the wor- done in the fields of social develo%&ent) hu&an rights
and nonBdiscri&ination and the reco&&endations of the
!o&&ission of /u&an ;ights and the !o&&ission for 0ocial
Develo%&ent'
?$ /ow is the .d /oc !o&&ittee organi*ed6
The .d /oc !o&&ittee) estalished y the +eneral .sse&ly
;esolution (6G"6=) is a ody of the United Nations +eneral
.sse&ly and is co&%osed of delegates of United Nations
Course for Newcomers ((
:e&erB0tates &issions' . ureau &ade u% of a %resident
and four chosen viceB%residents of the five regions of the
United Nations ad&inister this co&&ittee'
)rue or 8alse
"$ The Bureau of the .d /oc !o&&ittee consists of a President
and tour 3ice Presidents elected y the five regions of the
United Nations #T$
2$ The 2nd 0ession of the .d /oc !o&&ittee still has not ta-en
%lace #@$
8$ The 0ecretary of the .d /oc !o&&ittee is %rovided y the
United Nations De%art&ent of Econo&ic and 0ocial .ffairs #T$
?$ The wor-ing grou% will e the &onitoring ody of the
convention #@$
($ The office of the /igh !o&&ission of /u&an ;ights does not
intervene in the !onvention negotiations #@$
(ulti$le Choices
"$ ;esolution (6G"6= of the +eneral .sse&ly estalished
B .n .d /oc !o&&ittee to consider %ro%osals for a
convention on disaility
2$ During the "st .d /oc !o&&ittee 0ession
cB In s%ite of certain intentions to i&%ede the %rocess) it was
decided to gather suggestions for a convention on the %art of
the 0tates'
8$ 0o&e of the regional grou%s are
dB .ll of the aove
?$ The current President of the .d /oc !o&&ittee is fro&
cB New Tealand
(odule 2 9valuation
"$ 9hat is DE0.6
2$ 9hat function do the country facilitators %erfor&6
8$ /ow are the ureau vice %residents chosen6
?$ Na&e the &ultilateral agencies that have %artici%ated in the
!onvention negotiations'
($ The 0tandard ;ules are oligatory #T$ or #@$
Course for Newcomers (>
< Answers to (odule 2 9valuation
"$ 9hat is DE0.6
DE0. is the United Nations De%art&ent of Econo&ic and
0ocial .ffaire and acts as secretariat for the .d /oc
!o&&ittee'
2$ 9hat function do the country facilitators %erfor&6
They coordinate ilateral and &ultilateral discussions with the
govern&ent delegates and N+,s to develo% new te1ts'
8$ /ow are the ureau vice %residents chosen6
The vice %residents are chosen ased on the regions of the
United Nations
?$ Na&e the &ultilateral agencies that have %artici%ated in the
!onvention negotiations'
UNE0!,) UNI!E@) ,:0) ,P0) I5,
($ The 0tandard ;ules are oligatory #@$
Course for Newcomers (=
;ead the following article and thin- overD
/ow does it hel% %eo%le with disailities to have a functional syste&
of legal %rotection6
!onsidering that the international convention on disaility can hel% to
i&%rove do&estic legislation) which do you elieve could e the
concrete i&%ortance of otaining a convention that %rotects the rights
of %eo%le with disailities6
).$. 8(ual 8m!loyment O!!ortunity 2ommission
/88O20
#in% to the article
Two Claim That 'ri)ona *tore Refused to Hire
Them +ecause They ere (eaf
Two young men, both recent college graduates, a!!lied to wor% at
an AriDona retail store as stoc%ers. They were not hired. The
teens, both of whom are deaf, claimed that the store refused to
hire them because of their disabilities and their need for
wor%!lace changes.
The teens contacted the AriDona 2enter for +isability #aw
/A2+#0, which referred them to the 88O2. The A2+# and the
88O2 wor%ed together to file a lawsuit against the store under
the Americans with +isabilities Act, which !rohibits em!loyment
discrimination on the basis of disability.
-n January 7>>>, the 88O2 and A2+# settled the lawsuit with
the store. The terms of the settlement included:
9 A K??,76> !ayment for each of the boys, !lus medical and
other benefits the teens would have received had they been
hiredL
9 A re(uirement that each of the boys be offered !ositions as
stoc%ers or unloadersL
9 A re(uirement that the boys be !rovided a sign language
inter!reter for training and orientation, !erformance evaluations,
and scheduled meetingsL and
9 A re(uirement that the store !rovide other wor%!lace changes
for the two young men and other (ualified deaf individuals.
A year and a half later, the 88O2 and A2+# returned to court
because they claimed that the store had not com!lied with
several !rovisions of the settlement agreement. The 4udge held
the store in contem!t of court and ordered the com!any to !ay
the A2+# KM7<,6>> for legal advocacy. -n addition, the 4udge
ordered the store to !roduce and air a television commercial
about hiring deaf and other disabled em!loyees.
-n a statement about the case, one of the boys noted, G- feel
good because - too% a stand about what ha!!ened to me and by
doing that - also hel!ed other !eo!le who are deaf.G
Note+
Disaility Discri&ination
Title I of the .&ericans with Disailities .ct of "770 %rohiits %rivate e&%loyers)
state and local govern&ents) e&%loy&ent agencies and laor unions fro&
discri&inating against Aualified individuals with disailities in 4o a%%lication
%rocedures) hiring) firing) advance&ent) co&%ensation) 4o training) and other
ter&s) conditions) and %rivileges of e&%loy&ent' The .D. covers e&%loyers with
"( or &ore e&%loyees) including state and local govern&ents' It also a%%lies to
e&%loy&ent agencies and to laor organi*ations' The .D.Qs nondiscri&ination
standards also a%%ly to federal sector e&%loyees under section (0" of the
;ehailitation .ct) as a&ended) and its i&%le&enting rules'
.n individual with a disaility is a %erson whoD
B /as a %hysical or &ental i&%air&ent that sustantially li&its one or &ore &a4or
life activitiesF
B /as a record of such an i&%air&entF or
B Is regarded as having such an i&%air&ent'
. Aualified e&%loyee or a%%licant with a disaility is an individual who) with or
without reasonale acco&&odation) can %erfor& the essential functions of the
4o in Auestion' ;easonale acco&&odation &ay include) ut is not li&ited toD
B :a-ing e1isting facilities used y e&%loyees readily accessile to and usale
y %ersons with disailities'
B Jo restructuring) &odifying wor- schedules) reassign&ent to a vacant %ositionF
B .cAuiring or &odifying eAui%&ent or devices) ad4usting or &odifying
e1a&inations) training &aterials) or %olicies) and %roviding Aualified readers or
inter%reters'
.n e&%loyer is reAuired to &a-e a reasonale acco&&odation to the -nown
disaility of a Aualified a%%licant or e&%loyee if it would not i&%ose an Rundue
hardshi%R on the o%eration of the e&%loyerQs usiness' Undue hardshi% is defined
as an action reAuiring significant difficulty or e1%ense when considered in light of
factors such as an e&%loyerQs si*e) financial resources) and the nature and
structure of its o%eration'
.n e&%loyer is not reAuired to lower Auality or %roduction standards to &a-e an
acco&&odationF nor is an e&%loyer oligated to %rovide %ersonal use ite&s such
as glasses or hearing aids'
Title I of the .D. also coversD
(edical 9xaminations and In:uiries
E&%loyers &ay not as- 4o a%%licants aout the e1istence) nature) or severity of
a disaility' .%%licants &ay e as-ed aout their aility to %erfor& s%ecific 4o
functions' . 4o offer &ay e conditioned on the results of a &edical e1a&ination)
ut only if the e1a&ination is reAuired for all entering e&%loyees in si&ilar 4os'
:edical e1a&inations of e&%loyees &ust e 4o related and consistent with the
e&%loyerQs usiness needs'
Drug and Alcohol Abuse
E&%loyees and a%%licants currently engaging in the illegal use of drugs are not
covered y the .D. when an e&%loyer acts on the asis of such use' Tests for
illegal drugs are not su4ect to the .D.Qs restrictions on &edical e1a&inations'
E&%loyers &ay hold illegal drug users and alcoholics to the sa&e %erfor&ance
standards as other e&%loyees'
It is also unlawful to retaliate against an individual for o%%osing e&%loy&ent
%ractices that discri&inate ased on disaility or for filing a discri&ination charge)
testifying) or %artici%ating in any way in an investigation) %roceeding) or litigation
under the .D.'
(odule '
+ra%hicD Peo%le with disailities holding a
anner saying KNothing aout us without usL
,articipation of the Civil
*ociety in the Convention on
(isability

(odule '+ Partici$ation of the Civil ,ociety in the
Convention on Disability
The United Nations is %rogressively estalishing &ore and &ore
relations with civil society' ,ne of the effective %ractices includes
otaining %asses to enter the United Nations area) and to attend the
&eetings and negotiations in order to interact with the govern&ents
and to influence the decisions that are ado%ted' In the negotiations
for a convention that %rotects the rights of %eo%le with disaility
nongovern&ental organi*ations are %laying a do&inant role'
This &odule %rovides infor&ation for asic learning aout the
%artici%ation of civil society organi*ations) es%ecially organi*ations of
%eo%le with disailities) in the %rocess of the !onvention' It will also
Aualify the readers to handle certain asic vocaulary) thus %roviding
the o%%ortunity to assess the interventions of the disaility
organi*ations in the %lenary of this !onventionJs negotiations'
8' Partici%ation of !ivil 0ociety in the !onvention on Disaility
8'" Benefits for !ivil 0ociety
%artici%ation of a N+,'

8'8' The International Disaility !aucus
8'8' .' 9hat is the International Disaility !aucus) or ID!6
8'8' B' /istory of the ID!
8'8' !' /ow Does the ID! wor-6
8'8' D' !o&%osition of ID!
8'8' E' Practical Infor&ation aout the ID!
'. Partici$ation of Civil ,ociety in the Convention
on Disability
Through its ;esolution .G(6G"6=) estalishing the .d /oc !o&&ittee)
the +eneral .sse&ly invited nonBgovern&ental organi*ations
#N+,s$) a&ong others) to contriute to the wor- entrusted to the
!o&&ittee' N+, %artici%ation in the wor- of the !o&&ittee is
regulated y +eneral .sse&ly ;esolution .G(6G("0' This is ased
on United Nations %racticeF however) the e1tent of N+, %artici%ation
and involve&ent in the drafting and negotiations of the treaty is
considered y &ost to e un%recedented and a strong achieve&ent'
N+,s that wish to %artici%ate in the !o&&itteeJs wor-) including
those with consultative status
82
at the Econo&ic and 0ocial !ouncil)
&ustD
"' .ccredit the&selves #once$ or en4oy consultative status with the
Econo&ic and 0ocial !ouncilF
2' PreBregister for each of the !o&&itteeJs sessions #instructions
are given through the DE0. enale wesite$F and)
8' ;egister on the first day of each twoBwee- session #which
%rovides you with your te&%orary %ass to the UN uilding and
reAuires a letter de&onstrating that you have een reregistered
and a %hoto ID$'
Partici%ation &eans authentic N+, involve&ent in the wor- of the .d
/oc !o&&ittee during o%en sessions' This involve&ent includes
having N+,s %artici%ate actively in &eetings) with oral interventions
in accordance with the estalished rules and %rocedures'
82
0ee consultative status in .nne1es 2 +lossary and E1tended 3ocaulary
N+, delegates at Plenary 2 first rightD Prayat Poonongong) Disaled
Peo%lesJ International
In the re%ort on its "st session #docu&ent .G(>G8(>$) the .d /oc
!o&&ittee deter&ined the &ethods of accredited N+,sJ %artici%ation
in its %ulic &eetings' The .d /oc !o&&ittee decided that
re%resentatives of accredited N+,s &ay %artici%ate in the
!o&&itteeJs wor- yD
.ttending any %ulic &eeting of the .d /oc !o&&itteeF
:a-ing state&ents) given the availaility of ti&e) in
accordance with current United Nations %racticeF
9hen ti&e is li&ited) selecting s%o-es%ersons fro& a&ong
the&selves) on a alanced and trans%arent asis) ta-ing
into account eAuitale geogra%hical re%resentation and the
diversity of nonBgovern&ental organi*ationsF
;eceiving co%ies of the official docu&ents) as well as
&a-ing written or other %resentations' 9ritten
%resentations shall not e issued as official docu&ents
e1ce%t in accordance with Econo&ic and 0ocial !ouncil
resolution "776G8" of 2( July "776F and)
Ensuring that NonBgovern&ental organi*ations can &a-e
their &aterial availale to delegations in accessile areas
designated y the 0ecretariat'
8ormals and Informals
@or newco&ers to the convention %rocess) one of the iggest
sur%rises is that the rules of the United Nations syste& can e rather
fle1ile) which has allowed the .d /oc !o&&ittee to decide for itself
how to organi*e its wor-' The wor- &ethod has evolved over ti&e)
and although the fle1iility of the %rocess is not negative in itself) it is
so&eti&es confusing for those who are less fa&iliar with UN
%roceedings'
Ter&inology used to refer to &eetings is freAuently ased on the
distinction etween Kinfor&alsL and Kfor&als'L This distinction gives
the ./! the fle1iility to use different &ethodologies of wor-' In the
UN syste&) infor&al &eetings are usually the foru& in which the true
negotiation on a te1t occurs'
9hen the convention %rocess started) the distinction etween for&als
and infor&als was as followsD
@or&als were held in the Plenary roo&) led y the !hair or any
other Bureau &e&er' +overn&ents could co&&ent on each
to%ic andGor agenda ite&) after which international
organi*ations) national hu&an rights institutions and finally
N+,s could co&&ent'
Infor&als were held in s&aller roo&s with no inter%retation)
were chaired y so&eody a%%ointed y the !hair of the ./!)
and did not allow for N+, %artici%ation'
9hile the &ethodology of the for&als re&ains the sa&e) the
&ethodology of the infor&als has changed significantly' .fter long
discussions and negotiations during the ?
th
./! :eeting) it was
decided that infor&als would e held in the Plenary roo&) with
language translation and the %artici%ation of N+, delegates who
would e allowed to listen) ut not s%ea-' Infor&als were usually led
y the !oordinator) who at the ti&e was .&assador Don :acHay'
During the (
th
and 6
th
./! &eeting) which were held %redo&inantly in
infor&als) the infor&als were interru%ted on two occasions in the (
th
session and after every article in the 6
th
session to allow national
hu&an rights institutions and N+,s the o%%ortunity to ta-e the floor
and address the Plenary'
* Remember: &ormal sessions ta%e !lace in the !lenary
room, and are directed by the 2hair or another member
of the bureau. ;overnments comment on any of the
day's ordered issues andHor themes, followed by
international organiDations, national human rights
institutions, and non9governmental organiDations.
'.% 4enefits for Civil ,ociety
Potential %artici%ants in a treatyB&a-ing %rocess should ca%itali*e on
the o%%ortunities for ca%acityBuilding and awarenessBraising of
disaility as a hu&an rights issue'
Partici%ation is a great o%%ortunity for N+,s) DP,s and individuals to
educate the&selves) ta-e advantage of networ-ing o%%ortunities) and
develo% centrali*ed and grassroots ca%acity to utili*e hu&an rights
&echanis&s and new treaty &echanis&s' .n essential %art of the
%rocess is the develo%&ent of analyses) research) and argu&ents to
%ro&ote new inter%retations and a%%lications of international laws
that are necessary for the %rotection and enforce&ent of the hu&an
rights of %eo%le with disailities'
The following activities) a&ong other things) should e regarded as
central to any hu&an rights strategy assu&ed y disaility
organi*ationsD
Pro&oting %ulic education and awareness aout the hu&an
rights condition of %eo%le with disailitiesF
Use of e1isting UN hu&an rights treaty %rocessesF
Engage&ent y disaility organi*ations with regional hu&an
rights syste&sF
Develo%ing new legal theories that %ro&ote the hu&an rights of
%eo%le with disailities
:onitoring of) and re%orting on) hu&an rights violations against
%eo%le with disailitiesF and)
,ther the&atic to%ics that are of i&%ortance to the individual or
organi*ations that is related to the !onvention'
'.2 Procedures of accreditation and financial assistance
for the $artici$ation of a N=.
A. 6e:uest for Accreditation
.ccreditation is the for&al %rocess y which N+,s are allowed to
%artici%ate in the wor- of the .d /oc !o&&ittee' .ccreditation is
granted to organi*ations and not to individuals' N+,s with
consultative status to the Econo&ic and 0ocial !ouncil #E!,0,!
88
$
are auto&atically accredited to the .d /oc !o&&ittee' /owever)
they should %reBregister for each session' .ll other N+,s &ust a%%ly
for accreditation in order to %artici%ate in the sessions of the
!o&&ittee' .ccreditation to the !o&&ittee need only e done once
and a%%lies for all sessions'L
8?
There is no for& to a%%ly for accreditation' N+,s that wish to e
accredited to the .d /oc !o&&ittee should su&it an a%%lication
%ac-age containing the following infor&ationD
The organi*ationJs &issionF
Infor&ation on the organi*ationJs %rogra&s and activities
relevant to the .d /oc !o&&ittee) and the country or
countries in which they are carried out' NonBgovern&ental
organi*ations see-ing accreditation will e as-ed to confir&
their interest in the goals and o4ectives of the !o&&itteeF
88
0ee E!,0,! in .nne1es B +lossary and E1tended 3ocaulary
8?
;esolution ado%ted y the +eneral .sse&ly' UN Enale 9esite 5in- to the
article

Course for Newcomers >0
!onfir&ation of the organi*ationJs activities at the national)
regional or international levelF
!o%ies of the organi*ationJs annual or other re%orts) with
financial state&ents and a list of financial sources and
contriutions) including govern&ental contriutionsF
. list of &e&ers of the organi*ationJs governing ody and
their countries of nationalityF
. descri%tion of the &e&ershi% of the organi*ation)
indicating the total nu&er of &e&ers) and the na&es
and geogra%hic distriution of &e&er organi*ationsF and)
. co%y of the organi*ationJs constitution andGor yBlaws'
The United Nations 0ecretariat reviews a%%lications against criteria
outlined in %aragra%hs ??B?( of E!,0,! ;esolution "776G8")
8(
and
%rovides a list of N+,s see-ing accreditation to 0tates &e&ers of
the .d /oc !o&&ittee four wee-s %rior to each !o&&ittee :eeting
to receive their co&&ents'
86
;eAuest for .ccreditation should e sent toD
Sr6 7ao (8.oran, *!ie%, (.& Section
Social Polic) and Develo'ment Division
2 United (ations Pla$a
Room D*29:;<3
(ew 7or=, (7 :00:<
4el6: : >2:2? @3; ;:</
-a5: : >2:2? @3; ;032
"mail: ngoranAn6org
4. 8inancial Assistance
The 3oluntary @und at the UN was estalished in con4unction with
%re%arations for the "7=" International Iear of Disaled Persons' The
+eneral .sse&ly decided in its ;esolution ?0G8" that the @und
would e rena&ed the 3oluntary @und for the United Nations Decade
of Disaled Persons #"7=8B"772$) and that its resources would
su%%ort catalytic and innovative action to i&%le&ent further the 9orld
8(
E!,0,! ;esolution "776G8" UN 9esite 5in- to the article

86
Infor&ation Note for N+,s UN Enale 9esite 5in- to the note

Course for Newcomers >"
Progra& of .ction concerning Disaled Persons' In its ;esolution
?>G==) the +eneral .sse&ly decided that the @und would continue
eyond the Decade as the United Nations 3oluntary @und on
Disaility) and that its ter&s of reference would include su%%ort for
action to achieve the target of a R0ociety for allR y the year 20"0) as
endorsed y the +eneral .sse&ly in its ;esolution ?(G7"'
Through the UN 3oluntary @und on Disaility) the United Nations
%rovides su%%ort for activities of organi*ations for %ersons with
disailities' @unding is targeted towards facilitating N+,sJ
%artici%ation in the !onventionJs develo%&ent %rocess and its future
i&%le&entation' The @und also %rovides s&all grants to su%%ort
innovative action that will %ro&ote greater awareness of disaility
issues and e1changes of -nowledge and e1%erience and that will
%er&it wide disse&ination of a%%ro%riate disaility technologies'
@ollowing the ado%tion of resolution (>G227 y the +eneral .sse&ly)
a suBaccount of the United Nations 3oluntary @und on Disaility was
created to receive contriutions that have een ear&ar-ed for
%artici%ation in the .d /oc !o&&ittee of N+,s and e1%erts fro&
develo%ing countries and in %articular) fro& the least develo%ed
countries'
8>
+overn&ents and N+,s) with the agree&ent of the relevant
govern&ent official#s$) can su&it reAuests for assistance for
consideration y the @und'
United Nations trust funds for aging) disaled %ersons) fa&ily
activities) and youth were estalished) %ursuant to guidance received
fro& the United Nations +eneral .sse&ly' These trust funds are
intended to su%%ort i&%le&entation of the develo%&ent o4ectives of
international instru&ents in the social field'
8>
United Nations 3oluntary @und on Disaility UN enale 9esite 5in- to the
note
'.'. )he International Disability Caucus @ IDC
A. 0hat is the International Disability Caucus3
The International Disabilit) *acs #ID!$ is the re%resentative voice
of %ersons with disailities in the %rocess to estalish a !onvention to
%rotect and %ro&ote the rights of %ersons with disailities' It is
co&%osed of &ore than (0 worldBwide) regional and national
Disaled Peo%leJs ,rgani*ations #and allied N+,s$ who have
decided to wor- together and coordinate their efforts' The ID!
includes all the different disaility grou%s and has organi*ations fro&
all regions of the world'
It is o%en and inclusive to all Disaled Peo%leJs ,rgani*ations #DP,s$
as well as other organi*ations which recogni*e and acce%t the
leadershi% role of DP,s' The ID! was estalished y the disaility
organi*ations during the first .d /oc !o&&ittee &eeting in order to
ensure that the views of %eo%le with disailities would e ta-en into
account in all stages of the negotiation %rocess of the !onvention'
The ID! shared o4ective is to otain a !onvention which %rotects
and %ro&otes the hu&an rights of all %eo%le with disailities)
regardless of the ty%e of disaility) and the %art of the world where we
live' The ID! ai&s at a !onvention which is ased on the %rinci%les
of full %artici%ation) res%ect for hu&an diversity) self deter&ination)
non discri&ination) eAuality etween wo&en and &en'
The ID! underta-es intensive consultation #oth efore and during
the .d /oc !o&&ittee &eetings$ a&ongst its &e&ers and their
gloal and regional networ-s in order to arrive at co&&on %ositions
on all issues' Decisions are &ade y consensus and when an issue
is e1clusive to a s%ecific grou% of %eo%le with disailities) the
organi*ation that re%resents that grou% %lays a deter&ining role in
defining the ID! %osition'
It is i&%ortant to ensure that all organi*ations are %art of the
discussion so that all views can e ta-en into account' ,nce a
decision on a %osition is &ade) all ID! &e&ers should su%%ort this
%osition' Diverging %ositions of ID! &e&ers should e discussed
within ID!) ut not in front of +overn&ent delegates'
The ID! does not have any legal status and therefore has no official
status in the UN' /owever) al&ost fro& the outset) and than-s to the
wor- of its &e&ers) govern&ent delegates in the %rocess have
increasingly seen the ID! as the unified voice of the disaility
&ove&ent) re%resenting all disaility grou%s and all regions of the
world'
The ID! functions under the leadershi% of DP,s) ased on the
%rinci%le KNothing aout us without usL) and grants a %olicy &a-ing
role to DP,s with re%resentative legiti&acy and e1%ertise on
%articular issues'
* Remember: The -+2 consists of national, regional, and
international disabled !eo!les' organiDations and allied
organiDations, and is the voice of more than ?>> million
!ersons with disability'
The %ositions of the ID! negotiate in a grou% of discussion of
electronic &ail) where a te1t for each article of the convention wor-s
so that it is su%%orted y all' In New Ior-) the goal is to reunite to
reco&&endations a day efore the general deate with the
govern&ent delegates'
4. #istory of the IDC
During the "st session of the .d /oc !o&&ittee) the ,PD organi*ed
into a caucus with the intention of develo%ing strategies and s%ea-ing
with a unified voice' :e&ers of the disaility co&&unity fro& &any
different countries and DP,s attended the session and were granted
the right to attend any %ulic &eeting of the ./!) to &a-e state&ents
on the floor of the !o&&ittee) to receive all official &eeting
docu&entation and to &a-e written %resentations' This
un%recedented involve&ent can e attriuted to the disaility
co&&unity) as the UN traditionally is very resistant to significant
inclusion of outside grou%s) and it often ta-es years for a co&&unity
to get a foothold in a treaty %rocess'
Course for Newcomers >?
.t this &eeting the !aucus decided on the co&%osition of its steering
co&&ittee' The 0teering !o&&ittee is co&%osed of the = &e&er
grou%s of International Disaility .lliance #ID.$) ( regional
re%resentatives) !enter for International ;ehailitation #!I;$)
/andica%%ed International #/I$) 5and&ine 0urvivors Networ- #50N$)
a re%resentative for unallied organi*ations) and e1%erts for wo&en)
children and indigenous %o%ulation issues'
.&assador +allegos
!hair&an of the ./!
9hen the ./! convened in June 2008 at the 2
nd
./! &eeting, the
first three days yielded consensus that a convention was needed and
that wor- on drafting a convention should co&&ence' @or the
re&ainder of the two wee-s the !o&&ittee was focused) throughout
for&al and infor&al sessions) on estalishing a s%ecial wor-ing grou%
to draft a !onvention te1t for consideration y the !o&&ittee in 200?'
The ID! fought very hard for the inclusion of %eo%le with disailities
in this wor-ing grou%) re%eating Knothing aout us without usL in every
%ulic state&ent it &ade to the ./!' The i&%ressive result was that
re%resentatives of the disaility co&&unity were granted nearly oneB
third of the seats on the 9or-ing +rou%) which) again) is
un%recedented for an official UN drafting co&&ittee'
The final decision of the 2
nd
./! :eeting was that the 9or-ing
+rou% would co&%rise 2> govern&ental re%resentatives) "2 N+,
re%resentatives and one re%resentative of a National /u&an ;ights
Institution #N/;I$' The ./! charged the ID! with deciding how the
twelve N+, seats on the 9or-ing grou% should e allocated' The
!aucus decided that one seat would e given to each of the seven
International Disaility .lliance #ID.$ &e&er organi*ations) and the
Course for Newcomers >(
re&aining five would e divided regionally a&ong Euro%e) the
.&ericas) .frica) 9est .sia #&ainly .ra states$ and .sia Pacific'
The twelve N+, re%resentatives fro& the 9or-ing +rou% wereD
;egional seatsD .&ericasD 5uis @ernando .storgaF .fricaD 0huai
!hal-lenF Euro%eD Iannis 3arda-astanis) President) ED@F 9est .siaD
.dnan .l .oudi) 5and&ine 0urvivors Networ- #50N$) JordanF .siaB
PacificD .nuradha :ohit'
:e&ers of the ID.D 3enus 5lagan) Disaled Peo%lesJ International
#DPI$F ;oerto :artin) assisted y Hlaus 5achwit*) Inclusion
InternationalF +erard Cuinn) ;ehailitation InternationalF Hic-i
Nordstro&) 9orld Blind UnionF 5iisa Hau%%inen) 9orld @ederation of
the DeafF 5e1 +randia) 9orld @ederation of the DeafBBlindF Tina
:in-owit*) 9orld Networ- of Users and 0urvivors of Psychiatry'
*ote: hat is the International (isability 'lliance -I('./ The
-nternational +isability Alliance /-+A0 was formed in 5... in
2a!e Town, $outh Africa, with the aim of acting as a voice for
the international disability movement in global !olicy matters and
of facilitating co9o!eration and information echange between
the international disability organiDations, !rimarily in relation to
multilateral organiDations. The alliance is com!osed of eight
international organiDations of and for !eo!le with disabilities.
$ince its formation, the -+A has functioned as an informal
networ%.
During the 8
rd
./! :eeting the ID! decided that a &ore coordinated
and active a%%roach was reAuired in order to increase the
effectiveness of the disaility organi*ations at the ?
th
:eeting'
@ollowing a %rocess of discussion and negotiation) the ID! su&itted
a draft of an alternative !onvention te1t' This alternative te1t is eing
%er&anently revised and u%dated and %eriodically %ulished in the
9e site of DE0.) esides to gloally distriute etween the
organi*ations and delegates of govern&ent'
Es%ecially at the last &eetings of the ./!) s%ea-ers intervened on
ehalf of the ID! and no longer on ehalf of their own organi*ation'
This was done to de&onstrate to the govern&ent delegates ID! unity
and to distinguish ID! &e&ers fro& other nonB&e&er N+,s'
C. #ow Does the IDC 0ork3
,fficial caucus &eetings ty%ically are held on the 0unday %rior to the
.d /oc !o&&ittee :eeting) for those who have already arrived) and
usually on a daily asis during the &eeting' In New Ior-) the ID!
usually &eets every &orning etween 7 a& and "0 a& #e1ce%t on
the first :onday due to the need to register for the ./!$' The ID!
&eetings are very i&%ortant in develo%ing the ID! strategy' During
these &eetings) the ID! a%%roves new te1ts) e1changes latest
infor&ation) %lans new advocacy actions) and &a-es decisions aout
Plenary s%ea-ers' :eetings are intentionally scheduled so as not to
conflict with %lenary &eetings and to allow ID! &e&ers to
%artici%ate in and &onitor %lenary sessions and) at ti&es) consult with
govern&ent delegates during floor negotiations'
* Remember: Official -+2 meetings ty!ically ta%e !lace
on the $unday before the Ad Coc 2ommittee meeting
and then on each day of the meeting'
During the &a4ority of the ./! &eetings) the ID! conducts oth
Plenary sessions #including all ID! &e&ers$ as well as steering
co&&ittee sessions #including only a suset of the &e&ers$' During
the 6
th
./! :eeting) the 0teering !o&&ittee too- %lace fro& 6D00 to
>D00 at night to discuss the events of the day and %lan accordingly for
the ne1t day'
In the %ast the ID! &eetings too- %lace in the roo& reserved for
N+,s) ut they have since &oved to !onference ;oo& ? due to
growth in ID! &e&ershi%' :eetings are held in English) with
ilateral %ersonal si&ultaneous inter%retation in 0%anish and .raic
%rovided y ID! &e&ers' ID! docu&ents are first drafted in
English and) if ti&e and resources allow) are also translated into other
UN languages'
Course for Newcomers >>
* Remember: -+2 members eert influence by:
!re!aring and disseminating to all government delegates
draft articles and su!!orting documents /information
sheets0L
meeting bilaterally with government delegates, es!ecially
those with disabilitiesL
!artici!ating, when !ossible, in regional grou! meetings such
as the ;R)#A2 /#atin America and 2aribbean0 or the Arab
;rou!L
addressing the ,lenary during the formal sessionsL
organiDing briefing sessions targeting delegates from
governments and othersL
meeting with the government delegates who have been
a!!ointed as country facilitatorsL and
OrganiDing side events on s!ecific to!ics.
.t ti&es the ID! has underta-en these activities in a coordinated
way) ut &any activities are conducted y individual organi*ations
and can e done whether or not an organi*ation is %art of the ID!'
The ID! %re%ares its own consensus draft te1t) %rovides co&&ents
on the interventions of the delegates) and %re%ares infor&ation and
%osition state&ents that have een a%%roved in advance) through the
e&ail list) or in New Ior-) y &e&ers %resent'
In etween official &eetings) &e&ers of the ID! collaorate to
address s%ecific articles of the !onvention with each other and within
their ho&e countries and regions' The ID! e&%loys internet and
electronic co&&unications for its interBsession discussion of articles
and issues'
.s it has een estalished) the ID! has een i&%roving its
&ethodology of wor-) which since 200? includes discussions via a
yahoo e&ail grou% o%en to all nonBgovern&ental ID! &e&ers #as
individuals$ who wish to 4oin' The yahoo grou% has %roven very useful
and has facilitated) a&ong other tas-s) the drafting of ID! alternative
convention te1t) the definition of advocacy strategies) and the general
Course for Newcomers >=
e1change of infor&ation' It has -e%t the co&&unication a&ong ID!
&e&ers active in etween .d /oc !o&&ittee &eetings' @or
e1a&%le) etween the 8
rd
and ?
th
.d /oc !o&&ittee &eetings) the
ID! develo%ed a %rocess to develo% wor-ing grou%s on the various
to%ics of the .rticles %ro%osed y the January 200? 9or-ing +rou%'
Those individuals who are interested in 4oining the yahoo grou%)
should contact :aria ;eina at &reinaVcirnetwor-'org
D. Com$osition of the IDC
ID! :e&ers listed at the 6
th
./! :eeting
.ra ,rgani*ation of Disaled Peo%le
.ra /u&an ;ights @oundation
.sia Pacific Disaility @oru&
.ustralian @ederation of Disaility ,rgani*ations
Bi*chut) the Israel /u&an ;ights !enter for Peo%le with Disailities
British Disaility !ouncil of Disaled Peo%le
!anadian .ssociation for !o&&unity 5iving
!enter for International ;ehailitation
!ouncil for !anadians with Disailities
Danish ,rgani*ation of Disaled %eo%le
Disaility .ustralia 5td'
Disaled Peo%les International
Euro%ean Disaility @oru&
@oru& of Peo%le with Disailities #Ireland$
@oru& for /u&an ;ights of Peo%le with Disailities #!osta ;ica$
@i4i Disaled Peo%leQs .ssociation
/andica% International
International @ederation /ard of /earing
IeroB.&erican Networ- of ,rgani*ations of Peo%le with Disailities and their
@a&ilies
Inclusion International
InterB.&erican Institute on Disaility
International Disaility !onvention 0olidarity in Horea
Ja%an .ssociation of /ard of /earing Peo%le
Ja%an Disaility @oru&
Horean 0ociety for ;ehailitation of Persons with Disailities
5and&ine 0urvivors Networ-
5eanese !ouncil of Disaled Peo%le 5!DP
5eanese 9elfare .ssociation for the /andica%%ed 59./
National .ssociation of !o&&unity 5egal !enter
NewD National !ouncil on Disaility Italy
National Disaility !ouncil of Netherlands
National Disaility Party
National @ederation for Ie&en /andica%%ed 0ocieties
National @oru& of ,rgani*ations 9or-ing with the Disaled
N.0 @oundation of Peo%le with Disailities #Egy%t$
National ;ehailitation and Develo%&ent !enter N;D!
Norwegian Peo%leJs .idB5eanon
Peo%le with Disaility .ustralia Incor%orated
Peo%le 9ho
Polio Plus #:acedonia$
;eha +rou%
;ehailitation International
0ave the !hildren
0udan .ssociation for !o&ating 5and&ines J.0:.;
0u%%ort !oalition International
9orld Blind Union
9orld @ederation of the Deaf
9orld @ederation of the DeafBlind
9orld Networ- of Users and 0urvivors of Psychiatry
9orld Union for Progressive Judais&

9. Practical Information about the IDC
To 4oin the ID!) during sessions N+,s should su&it to the 0teering
!o&&ittee a %age su&&ari*ing the sco%e of wor- the organi*ation)
the role of Peo%le with Disailities within it) if the organi*ation is under
the control of Peo%le with Disailities and) in case the organi*ation is
not a DP,) it should attach a declaration recogni*ing the leadershi%
of DP,s within the !aucus' To 4oin the eB&ail discussion list) to
otain &ore infor&ation on the ID!) andGor to su&it an a%%lication to
4oin the ID!) send an e&ail toD
:arMa 3erSnica ;eina
!enter for International ;ehailitation
&reinaVcirnetwor-'org
Course for Newcomers =0
Plenary &eeting

Course for Newcomers ="
Activities
"$ /ow can accredited N+,s %artici%ate in the .d /oc
!o&&ittee6
2$ 9hat are the enefits that the disaility organi*ations get fro&
%artici%ating in the .d /oc !o&&ittee &eetings6
8$ 9hat is the International Disaility !aucus6
?$ /ow do %artici%ants e1ercise influence in the ID!6
($ 9hat is the International Disaility !aucusJ o4ective6
)rue or 8alse
Indicate if the following state&ents are true #T$ or false #@$
"$ N+,s &ust have status with E!,0,! in order to eco&e
accredited to the .d /oc !o&&ittee #T$ or #@$
2$ The United Nations does not give any ty%e of financial
assistance to N+,s of develo%ing countries who want to
%artici%ate in the !onvention %rocess #T$ or #@$
8$ The International Disaility !aucus is lead y disaled %ersonsJ
organi*ations #T$ or #@$
?$ The docu&ents %roduced y N+,s are official docu&ents of
the United Nations #T$ or #@$
($ The International Disaility !aucus has official status with the
United Nations #T$ or #@$
(ulti$le Choice
!hoose the correct answer for the following inco&%lete sentencesD
"$ @or the N+,s included in the convention on disaility %rocess it
is very i&%ortant
aB To %ro&ote %ulic education and awareness of hu&an rights
for %eo%le with disailitiesF
B To use the e1isting %rocesses of the hu&an rights treatiesF
cB To e connected with hu&an rights institutionsF
dB .ll of the aove
2$ The International Disaility !aucus
aB Does not include other organi*ations that are not
organi*ations of %eo%le with disailities
B ,nly includes international organi*ations
cB ;efers to only third world N+,s
dB None of the aove
8$ The 9or-ing +rou% for the drafting of a %reli&inary te1t of the
convention
aB Includes re%resentatives of disaled %eo%lesJ organi*ations
B 9as e1clusively co&%osed of N+,s
cB DoesnJt includes national hu&an rights organi*ations
dB None of the aove
?$ The ID! ai&s for a convention that is ased on the %rinci%les
ofD
aB The &edical &odel
B @ull %artici%ation
cB The &ar-et econo&y
dB None of the aove
($ The ID! .d&inistrative !o&&ittee receives
aB . re%resentative or e1%ert on children
B . re%resentative fro& the govern&ent delegates
cB . re%resentative of the United Nations
dB .ll of the aove
< Activity Answers
"$ /ow can accredited N+,s %artici%ate in the .d /oc
!o&&ittee6
.ttend any %ulic &eeting of the .d /oc !o&&ittee
:a-e declarations) de%ending on ti&e availaility) in
accordance with the United Nations rulesF
9hen the ti&e is li&ited) choosing s%o-es&en to address
each other) in a alanced and clear &anner) ta-ing into
account an eAuitale geogra%hic re%resentation and
diversity etween the nongovern&ental organi*ationsF
;eceive co%ies of official docu&ents) as well as &a-ing
written %resentations and other %resentations' The written
%resentations will not &e su&itted as official docu&ents in
agree&ent with the July 2() "776 ;esolution of the 0ocial
and Econo&ic !ouncil n' "776G8"F and)
To assure that these N+,s can %lace their &aterial in the
hands of the delegation in accessile areas designated for
the 0ecretary'
2$ 9hat are the enefits that the disaility organi*ations get fro&
%artici%ating in the .d /oc !o&&ittee &eetings6
Partici%ation is an e1cellent o%%ortunity for N+,s) DP,s and
individuals to e educated) to enefit fro& the o%%ortunities to
weave networ-s) and to develo% the ca%acity to effectively use
the hu&an rights &echanis&s in force and the new
&echanis&s that e&anate fro& the new treaty'
8$ 9hat is the International Disaility !aucus6
The ID! consists of international) national and regional
organi*ations of %eo%le with disailities and allied
organi*ations) and is the voice for &ore than 600 &illion %eo%le
with disailities'
?$ /ow do %artici%ants e1ercise influence in the ID!6
Course for Newcomers =?
The ID! %artici%ants e1ercise influence yD
Pre%aring and disse&inating alternative article te1ts and
docu&ents of su%%ort #infor&ation sheets$ etween the
govern&ent delegatesF
:eeting ilaterally with govern&ent delegates) es%ecially
those with a disailityF
Partici%ating) when %ossile) in grou% &eetings li-e
+;U5.! #5atin .&erica U the !ariean$ or the .ra
grou%F
0%ea-ing during the %lenary in the for&al sessionsF
,rgani*ing lateral infor&ation events for the govern&ent
delegates and othersF
:eeting with the govern&ent delegates that have een
na&ed country facilitatorsF and
Partici%ating in infor&ational sessions organi*ed for
govern&ents and agencies
($ 9hat is the International Disaility !aucusJ o4ective6
The o4ective of the ID! is to otain a convention that %rotects
and %ro&otes the hu&an rights of all %eo%le with disailities)
without discerning the ty%e of disaility and the %art of the world
where they live'
)rue or 8alse
"$ N+,s &ust have status with E!,0,! in order to
eco&e accredited to the .d /oc !o&&ittee #@$
2$ The United Nations does not give any ty%e of
financial assistance to N+,s of develo%ing countries who want
to %artici%ate in the !onvention %rocess #@$
8$ The International Disaility !aucus is lead y
disaled %ersonsJ organi*ations #T$
Course for Newcomers =(
?$ The docu&ents %roduced y N+,s are official
docu&ents of the United Nations #@$
($ The International Disaility !aucus has official
status with the United Nations #@$
(ulti$le Choices
"$ @or the N+,s included in the convention on disaility %rocess it
is very i&%ortant
dB .ll of the aove
2$ The International Disaility !aucus
dB None of the aove
8$ The 9or-ing +rou% for the drafting of a
%reli&inary te1t of the convention
aB Includes re%resentatives of disaled %eo%lesJ organi*ations
?$ The ID! ai&s for a convention that is ased on the %rinci%les ofD
B @ull %artici%ation
($ The ID! .d&inistrative !o&&ittee receives
aB . re%resentative or e1%ert on children
(odule ' 9valuation
Indicate whether the following statements are true ;)< or false ;8<
"$ The &otto of the ID! is Knothing aout us without usL #T$ or #@$
2$ The !aucus drafts an alternative convention te1t for their
advocacy wor- #T$ or #@$
8$ The ID! is "0 years old #T$ or #@$
?$ The !aucus does not wor- etween sessions #T$ or #@$
($ Es%ecially during the last !./ &eetings) the ID!
s%o-es%ersons have intervened in the na&e of the ID! and not
in the na&e of their own organi*ation' #T$ or #@$
Course for Newcomers =>
< Answers to (odule ' 9valuation
"$ The &otto of the ID! is Knothing aout us without usL' #T$
2$ The !aucus drafts an alternative convention te1t for their
advocacy wor-' #T$
8$ The ID! is "0 years old' #@$
?$ The !aucus does not wor- etween sessions' #@$
($ Es%ecially during the last !./ &eetings) the ID!
s%o-es%ersons have intervened in the na&e of the ID! and not
in the na&e of their own organi*ation' #T$
Course for Newcomers ==
The following declaration was read y 3enus Ilagan) %resident of the
9orld ,rgani*ation of Disaled Peo%le at the end of one of the .d
/oc !o&&ittee &eetings in the na&e of the !aucus' .fter reading
the content) reflect on the contriution of Disaled Peo%le
,rgani*ations to the !onvention ProcessD
(,I Chair, 0enus Ilagan1s *tatement on behalf of the
International (isability Caucus
2 3ebruary 4556

Br. 2hairman, distinguished delegates,

- am s!ea%ing on behalf of the -nternational +isability 2aucus
the unified voice of organiDations of !eo!le with disabilities from
all regions of the world. Our goal is to o!en doors for !ositive
change that will end discrimination and ensure our freedom and
rights. On this final day of the 6th $ession of the Ad Coc
2ommittee, the 2aucus would li%e to share with you our thoughts
on the negotiations !rocess.

1e greatly a!!reciate the efforts you have made to advance the
tet of the 2onvention, and your stamina during these long
wor%ing days. 1e would es!ecially li%e to than% Ambassador
;allegos for his continued su!!ort for the !rocess, and
Ambassador BcFay for his s%ilful facilitation of the meetings.

1e recogniDe that the last two wee%s have seen significant
!rogress in the efforts to synthesiDe and consolidate the many
and various !ro!osed amendments to the 1or%ing ;rou! tet.
&or this reason, we ho!e that we can !roceed directly with
negotiations during the $ith $ession of the Ad Coc 2ommittee,
rather than underta%ing a second reading" of the articles that
have not yet received one.
At the end of this session there remain a number of im!ortant
issues outstanding, which need to be addressed if the 2onvention
is to be successful and su!!orted by all !ersons with disabilities.
&irst, the substantive content of this 2onvention must ensure
e(uality of human rights for all !eo!le with disabilities. 1e
cannot limit any right, nor eclude any grou!. $econd, there have
been many comments by delegates about the 2onvention being in
contradiction with eisting national legislation. -t is essential to
identify those com!onents of national legislation which need to be
amended, in order to ensure that $tates' laws fully reflect our
human rights. Too often, $tates' laws have been based on a
history of stigma, !re4udice and !aternalism, and the time has
come for this to change.

1e are also concerned that the 2aucus has not been effectively
utiliDed during this stage of the negotiations, and there have
been many missed o!!ortunities for us to contribute in clarifying
com!le issues. 1e e!ect that during the $ith and future
sessions a means can be found to ensure a more interactive
dialogue with the 2aucus, so that you may benefit from our
e!ertise on each article as you discuss it, as well as hearing our
views afterwards.

1e must also better ensure that !eo!le with disabilities from the
develo!ing world who ma%e u! at least :> !ercent of the global
!o!ulation of !eo!le with disabilities are re!resented in these
negotiations. This re!resentation needs to be increased. 1hile
attending the 2ommittee meetings is costly for all members of
the 2aucus, economic constraints ma%e it !articularly challenging
for develo!ing country re!resentatives to !artici!ate. 1e
therefore urge ;overnments to continue to ma%e timely
contributions to the )* Eoluntary &und. 1e also convey our
a!!reciation to those $tates that have included re!resentatives
of disabled !eo!le's organiDations in their delegations and
encourage all $tates to continue doing this.

&or 2aucus members to be able to !artici!ate fully and
effectively, we must also have timely access to documents and
other information relevant to the !rocess. -n !articular, this
information must be made available through sign language
inter!retation and in formats accessible to all !eo!le with
disabilities.

&inally, as we enter the intersessional !eriod, we assure you that
we will be wor%ing hard to !re!are for the net session of the Ad
Coc 2ommittee. 1e call u!on all of you, as well as your colleagues
in ca!itals across the world, to wor% with us as we !re!are to
res!ond to future articles and those !revious articles where we
have indicated that further wor% is necessary. Through
meetings, seminars and continued dialogue, we can strengthen the
invaluable momentum that we have generated during these
negotiations, and move closer to our common goal of a (uality
2onvention to !rotect and !romote the human rights of !eo!le
with disabilities. 1e call u!on you to allocate all !ossible
resources to try to finaliDe the negotiations of this historic
2onvention in the nearest !ossible future.

1e must all !lay our !art in this historic !rocess, and we must
ensure that we do not fail the e!ectations and as!irations of the
?>> million !eo!le with disabilities who are !inning their ho!es on
this )nited *ations 2onvention to ma%e a meaningful and !ositive
change in their lives.

*othing about us without usN Than% you Br. 2hairman.
Annexes
8re:uently Asked 7uestions ;8A7s<
What is a Convention?
. convention is inding agree&ent etween countries or states and
&odifies their &utual duties and oligations' The word convention is
used synony&ously with treat) and covenant'
Will there e a Convention?
The short answer is yesW /owever) the evolution of a UN convention
fro& ho%es and ideals to a legally inding law is a lengthy %rocess'
Thus) the Auestion of when the convention will e ado%ted de%ends
on each stage of develo%&ent) which can ta-e &any &onths or years
to acco&%lish' The following outlines the asic ste%s in develo%&ent)
and who the negotiation actors are'
Advocated y grou%s concerned aout an issue' Usually wor-ing in
coalition) advocates loy UN re%resentatives to ring the issue
efore the +eneral .sse&ly'
6ecommended y a resolution of the UN +eneral .sse&ly for
consideration and estalish&ent of a co&&ittee or wor-ing grou% to
study creating a new convention'
Drafted y wor-ing grou%s' Usually wor-ing grou%s consist of
govern&ent re%resentatives of UN &e&er states' These wor-ing
grou%s wor- for&ally with intergovernmental organiAations #I+,s$)
such as the 9orld /ealth ,rgani*ation #9/,$ and the International
5aor ,rgani*ation #I5,$ and infor&ally with N+,s' The 9or-ing
+rou% estalished in January 2002 for !onvention for the ;ights of
Peo%le with Disailities was unusual in that it was for&ally co&%osed
of govern&ents) N+, re%resentatives and a national hu&an rights
institution' 9or-ing grou%s can e closedBended) &eaning it is
li&ited to a nu&er of re%resentativesF or o%enBended) which is o%en
to all UN &e&er states who wish to %artici%ate' The 9or-ing +rou%
for the !onvention for the ;ights of Peo%le with Disailities was
closedBended) with ?0 re%resentatives'
Every article of the draft te1t is then deated until consensus is
reached on its content' In this way a final draft is achieved for
su&ission to the +eneral .sse&ly' The deate &ay ta-e %lace in
Kfor&al &eetingsL in which all actorsX govern&ent) nonBgovern&ent)
national institutions) and international organi*ationsX&ay %artici%ate
as s%ea-ers' /owever) in so&e cases the negotiation &ay ta-e
%lace in Kinfor&al &eetingsL in which the only actors who have
s%ea-ing rights are the states' The negotiation of the draft
!onvention on the ;ights of Persons with Disailities is now in
infor&als stage) and it is unclear what the ne1t stage will e'
Nevertheless) the negotiations will continue for an e1tended %eriod)
ut %roaly not %ast 200>'
Ado$ted y vote of the UN +eneral .sse&ly'
,igned y UN &e&er states' 9hen &e&er states sign the
convention) they are indicating that they have egun the %rocess
reAuired y their govern&ent for ratification' In signing) they are also
agreeing to refrain fro& acts that would e contrary to the o4ectives
of the convention'
6atified y UN &e&er states' 9hen a &e&er state ratifies a
convention) it signifies its intention to co&%ly with the s%ecific
%rovisions and oligations of the docu&ent' It ta-es on the
res%onsiility of &a-ing sure its national laws are in agree&ent with
the convention' There is a %rocess y which states can ratify a
convention) ut indicate their reservations aout s%ecific articles with
which they disagree as well'
9ntered into force' . convention goes into effect when a certain
nu&er of &e&er states have ratified it' This reAuire&ent a%%ears
in the K@inal ProvisionsL of the convention' These are usually
negotiated near the end of the %rocess'
Im$lemented and (onitored' The ratifying govern&ent &ust re%ort
regularly to the ad&inistrative ody created y the convention on how
it is i&%le&enting the convention' !oncerned activists educate the
%ulic and &onitoring govern&ent i&%le&entation of the convention'
This final stage continues indefinitely'
When can ! use the Convention in "y national advocacy wor#?
@ro& a legal %oint of view) a national Disaled PersonJs ,rgani*ation
#DP,$ can only use the convention once it has een ratified y the
national govern&ent and the convention has entered into force'
/owever) the %rocess towards a convention already %rovides DP,s
with the o%tion of using the te1t to alert the national govern&ent
aout current legislation or new initiatives that violate the %rinci%les of
the future convention'
What i"$act will the convention have on the daily lives
of $ersons with disailities?
The i&%act will de%end on the final content of the convention) ut we
can &a-e so&e o%ti&istic guesses'
The convention should lead to co&%rehensive national antiB
discri&ination legislation that ends all ty%es of discri&ination
encountered y %eo%le with disailities in all areas of life'
The convention should &ean that %eo%le with disailities receive the
su%%ort they reAuire to effectively en4oy all hu&an rights' It should
lead to the %rovision of services that suit the individual) availaility of
state&ents of needs) and govern&entsJ ac-nowledge&ent of the
e1tra costs associated with living with a disaility'
The convention should strengthen a &ainstrea&ing a%%roach to
disaility) ensuring that all govern&ental initiatives consider the rights
of %eo%le with disailities' It should enshrine and strengthen the role
of re%resentative DP,s in all %olicy %rocesses' It will reAuire
a%%ro%riate and adeAuate resources and deter&ination for
i&%le&enting relevant legislation'
The convention should &a-e a great contriution to the long desired
%aradig& shift in disaility %olicies) which should fro& now on e
ased on conce%ts of full %artici%ation and self deter&ination'
The ado%tion of the convention should entail a transfor&ation of the
life of %eo%le with disailities into one of full %artici%ation of the
individualJs choice and the need for society to celerate the diversity
that disaility rings to it'
Who will e $rotected y this convention?
The answer to this Auestion will de%end on whether the convention
te1t includes a definition of disaility'
If no definition or ele&ents of a definition are included) the grou%
covered y the convention will de%end on national definitions of
disaility and %eo%le with disailities'
If a definition is included) then the convention will %rotect the rights of
all those %eo%le who fall within the definition'
Tina :in-owit* #2
nd
left$ and friends
during the 9or-ing +rou%
=lossary and 9xtended &ocabulary
Conventions and .rganiAations
C9DA0 !onvention on the Eli&ination of .ll @or&s of Discri&ination
.gainst 9o&en
C96D !onvention on the Eli&ination of .ll @or&s of ;acial
Discri&ination
C6C !onvention on the ;ights of the !hild
IC9,C6 International !ovenant on Econo&ic) 0ocial and !ultural
;ights
ICCP6 International !ovenant on !ivil and Political ;ights
1D#6 Universal Declaration of /u&an ;ights
CA) !onvention .gainst Torture and ,ther !ruel) Inhu&an or
Degrading Treat&ent or Punish&ent
1N,6 UN 0tandard ;ules on the EAuali*ation of ,%%ortunities
for Persons with Disailities
I5. International 5aor ,rgani*ation
0#. 9orld /ealth ,rgani*ation
N#6I National /u&an ;ights Institutions
9D8 Euro%ean Disaility @oru&
P0DA Peo%le 9ith Disaility .ustralia) Inc'
08D4 9orld @ederation of the DeafBBlind
08D 9orld @ederation of the Deaf
0N1,P 9orld Networ- of Users and 0urvivors of Psychiatry
D9,A De%art&ent of Econo&ic and 0ocial .ffairs
DP. Disaled Peo%leJs ,rgani*ation
1nited Nations
In "7?() re%resentatives fro& (0 countries &et in 0an @rancisco
during the United Nations !onference on the International
,rgani*ation) in order to draft the 5etter of the United Nations' The
United Nations egan to officially e1ist on ,ctoer 2?) "7?() after the
5etter was ratified y !hina) @rance) the 0oviet Union) the United
Hingdo& and the United 0tates and the &a4ority of the other signers'
The United NationsJ %ur%ose) sti%ulated in the 5etter) is the followingD
To &aintain international %eace and securityF
To encourage a&ong nations friendly relations ased on a
res%ect for the %rinci%les of eAual rights and free deter&ination
of the townsF
To coo%erate in solving international %role&s of econo&ic)
social) cultural or hu&anitarian character) and to sti&ulate
res%ect for hu&an rights and funda&ental liertiesF
To serve as a center that har&oni*es the efforts of nations to reach
these co&&on goals'
=eneral Assembly ;=A<
'!

Bac=grond
The +eneral .sse&ly is the &ain decision &a-ing agency of the
United Nations' 9ithin the +. all the :e&erB0tates are
re%resented) each one with a vote' 3otes on i&%ortant Auestions)
such as those of %eace and security) ad&ission of new :e&ers and
udgetary Auestions) are decided y a twoBthirds &a4ority' ,ther
issues are decided y si&%le &a4ority'
-nctions and Powers
The !harter assigns the following functions and %owers to the
+eneral .sse&lyD
To consider the %rinci%les of coo%eration in the &aintenance of
international %eace and security) including the %rinci%les that govern
disar&a&ent and the regulation of ar&a&ents) and to &a-e
reco&&endations on the &atterF
To discuss all Auestions relative to international %eace and security
and) save in cases in which the 0ecurity !ouncil is e1a&ining a
controversy or situation) to &a-e reco&&endations on the &atterF
To deal with and) with the sa&e e1ce%tion) to &a-e
reco&&endations on any Auestion within the li&its of the 5etter) or
that affects the %owers or the functions of any United Nations agencyF
8=
.out the +eneral .sse&ly United Nations 9esite 5in- to the article
To %ro&ote studies and &a-e reco&&endations to encourage
international %olitical coo%eration) to i&%el the international law and
its codification) to hel% to &a-e hu&an rights and the funda&ental
lierties effective for all) and to fo&ent international coo%eration in
&atters of econo&ic) social) cultural) educative and sanitary
characterF

To reco&&end &easures for the %eaceale settle&ent of any
situation) whatever its origin) that can har& the friendly relations
etween nationsF
To receive and consider the re%orts of the 0ecurity !ouncil and of
those fro& United Nations agenciesF
To e1a&ine and to a%%rove the udget of the United Nations and to
set the Auotas for the :e&ersF
To choose the non%er&anent &e&ers of the 0ecurity !ouncil) the
&e&ers of the Econo&ic and 0ocial !ouncil and those of the
!ouncil of @iduciary .d&inistrationF to choose) with the 0ecurity
!ouncil) the &agistrates of the International !ourt of Justice and) y
reco&&endation of the 0ecurity !ouncil) na&e the 0ecretary
+eneral'
1nited Nations 9conomic and ,ocial Council ;9C.,.C<
'"
The Econo&ic and 0ocial !ouncil coordinates the wor- of "?
s%eciali*ed agencies) the "0 funda&ental co&&issions and the (
regional co&&issions of the United NationsF receives infor&ation on
the "" Bac-grounds and Progra&s of the United NationsF and issues
%olicy reco&&endations directed toward the United Nations syste&
and the :e&erB0tates' By virtue of the !harter of the United
Nations) the Econo&ic and 0ocial !ouncil ta-es care to %ro&ote
higher standards of living) full e&%loy&ent) and econo&ic and social
%rogressF to identify solutions for health) econo&ic and social
%role&s in the international arenaF to facilitate coo%eration in the
cultural and educative orderF and to fo&ent the universal res%ect of
hu&an rights and funda&ental lierties' The reach of the Econo&ic
87
.out E!,0,! United Nations 9esite 5in- to the article
!ouncil and 0ocial uses &ore than >0Y of the hu&an and financial
resources of the entire United Nations syste&'
De$artment of 9conomic and ,ocial Affairs ;D9,A<
The focal %oint for the United NationsJ wor- on disaility is located in
the Division for 0ocial Policy and Develo%&ent' This is a ranch of
the De%art&ent of Econo&ic and 0ocial .ffairs #DE0.$) which in turn
is housed within the 0ecretariat in New Ior-'
The DivisionJs 0u%rogra& on Disaled Persons su%%orts) &onitors)
and evaluates the i&%le&entation of the 9orld Progra& of .ction
concerning Disaled Persons and the 0tandard ;ules on the
EAuali*ation of ,%%ortunities for Persons with Disailities' It
%ulishes infor&ation on disaility issues) and %ro&otes govern&ent
and regional %rogra&s' .ll of these activities are designed to further
the %revention of disaility) rehailitation) the full %artici%ation of
%eo%le with disailities in social life and develo%&ent) and eAuality for
%eo%le with disailities' DE0. is also serving as the 0ecretariat for
the .d /oc !o&&ittee'
International organiAations
They are organi*ations s%onsored y several govern&ents that see-
to coordinate their collaorationF so&e are regional #for e1a&%le) the
!ouncil of Euro%e) the .frican Union$) so&e are alliances #for
e1a&%le) N.T,$F and so&e are dedicated to a s%ecific %ur%ose #for
e1a&%le) UNI!E@) the International 5aor ,rgani*ation #I5,$) the
9orld /ealth ,rgani*ation #9/,$$'
National #uman 6ights Institution ;N#6I<
.n N/;I is a ody that %ro&otes and %rotects hu&an rights at the
national level' The conce%t of N/;Is or Knational institutionsL #NIs$
as they are so&eti&es referred to) was created in recognition of the
fact that international hu&an rights are i&%le&ented nationally) so
there &ust e structures that su%%ort such wor- at the national level'
The &a4ority of e1isting national institutions can e grou%ed together
in two road categoriesF Rhu&an rights co&&issionsR and
Ro&uds&enR' To e considered an NI) the &echanis& or ody &ust
co&%ly with the United Nations Paris Princi%les) which were ado%ted
in "778 at the 3ienna !onference on /u&an ;ights' These
%rinci%les state that an NI &ust e) a&ong other things) inde%endent
and i&%artial of govern&ent' /owever) the actual level of
inde%endence which they en4oy will de%end on a nu&er of factors
including &e&ershi% and the &anner in which they o%erate'
+enerally) these institutions have advisory #not 4udicial or legislative$
authority in res%ect to hu&an rights at the national andGor
international level' De%ending on their &andate) they can %rovide
o%inions and reco&&endations) raise awareness and educate) and
resolve co&%laints su&itted y individuals or grou%s'
International 5aw and other conce$ts+
AccessionD there will usually e a s%ecified %eriod of ti&e during
which 0tates can eco&e %arties to a treatyGconvention through a
%rocess of RsigningR and Rratification'R .fter this %eriod of ti&e has
ended) 0tates can ty%ically eco&e %arties to a treatyGconvention
through a %rocess of Raccession)R wherey they %ledge to e ound
to the ter&s of the treatyGconvention) su4ect to any R;UDsR that they
&ay have filed at the sa&e ti&e'
Ado$tionD once the te1t of an international docu&ent has een
acce%ted and a%%roved) it is said to have een Rado%ted'R The legal
significance of this ado%tion will de%end on the nature of the
docu&ent in Auestion' Thus) nonBinding UN +eneral .sse&ly
resolutions are Rado%ted)R and inding treaties are li-ewise Rado%tedR
following the end of a treaty negotiating %rocess'
4isD the ter& is signifies the insertion of a %ro%osed new article
Caucus+ . caucus is &ost generally defined as eing a &eeting of
su%%orters or &e&ers of a %olitical %arty or &ove&ent' The e1act
definition varies etween different countries' In the United 0tates) a
caucus is a &eeting of local &e&ers of a %olitical %arty or sugrou%
to no&inate candidates) %lan %olicy) etc') in the !ongress of the
Course for Newcomers "0"
United 0tates or other si&ilar re%resentative organs of govern&ent'
,ne of the estB-nown e1a&%les is the !ongressional Blac- !aucus)
a grou% of .fricanB.&erican &e&ers of !ongress' .nother
%ro&inent e1a&%le is the !ongressional /is%anic !aucus) whose
&e&ersJ voice and advance issues affecting /is%anics in the United
0tates and Puerto ;ico' In so&e !o&&onwealth nations) a caucus is
a regular &eeting of all :e&ers of Parlia&ent who elong to a
%olitical %arty' In a 9est&inster 0yste&) a %arty caucus can e Auite
%owerful) as it has the aility to elect or dis&iss the %artyQs
%arlia&entary leader' The caucus also deter&ines so&e &atters of
%olicy) %arlia&entary tactics) and disci%linary &easures against
disoedient :Ps' In so&e %arties #such as the .ustralian 5aor Party
or the New Tealand 5aor Party$) caucus also has the aility to elect
:Ps to !ainet when the %arty is in govern&ent' The origin of the
word RcaucusR is deated) although it is generally agreed that it ca&e
into use in English in the United 0tates' .ccording to so&e sources) it
co&es fro& the .lgonAuin word for Rcounsel)R cauZBcauBasZu) and
was %roaly introduced into .&erican %olitical usage'
Consultative ,tatus+ the asis for consultative relations etween
the United Nations and N+,s was fi1ed into the %rocess which
cul&inated in the ;esolution of E!,0,! "776G8"' This relationshi%
is the &ain &eans y which E!,0,! receives N+, contriutions
li-e their delierations in %ulic &eetings and their susidiary
agencies) as well as in United Nations international conferences and
their %re%aratory reAuests' Every year) a%%ro1i&ately 2000 N+,s
with consultative status receive the %rovisory agenda of E!,0,!'
They have certain %rivileges in order to %lace su4ects in the
susidiary agenda of E!,0,! and its organis&sF they can attend
&eetings) where they can send s%eeches in writing and &a-e oral
%resentations efore the govern&ents'
Customary international lawBBcusto&ary international law refers to
a rule or %rinci%le that is reflected in the %ractice or ehavior of 0tates
and is acce%ted y the& #e1%ressly or tacitly$ as eing legally inding
as a &atter of international law' Thus) in order to identify whether a
given %ractice is indeed a rule of custo&ary international law) one
&ust e1a&ine whether the %articular %ractice of 0tates is general and
consistent and occurs ecause 0tates elieve they are acting as a
result of a legal oligation) as o%%osed to co&ity or courtesy'
.lthough not all 0tates need to engage in the %ractice efore it is
considered legally inding) there should e a unifor&ity of %ractice
across the international co&&unity' 0tates that have not engaged in
the %ractice and have %ersistently #and consistently$ o4ected #i'e')
%ersistent o4ectors$ to it since its e&ergence as a custo&ary rule will
not e ound y it' !onversely) 0tates that do not engage in the
%ractice ut have failed to issue o4ections #i'e') eco&e %ersistent
o4ectors$ will e ound y any rule of international custo&ary law
that develo%s' #@or additional sources of law) see R0ources of law)R
elow'$
DeclarationBB an Rinstru&entR such as the Universal Declaration of
/u&an ;ights constitutes an as%irational docu&ent that sets forth
assertions y a 0tate #or 0tates$' Because of its a&itious nature) a
RdeclarationR is not considered inding under international law unless
its %rovisions eco&e incor%orated into custo&ary international law)
as has een the case with &any of the %rovisions of the Universal
Declaration of /u&an ;ights' #0ee Rcusto&ary law)R aove'$
9ntry into forceBB &ere Rado%tionR of a treatyGconvention is not
sufficient for the ter&s of that docu&ent to e fully inding on any
0tates Parties' Instead) the treatyGconvention eco&es fully
enforceale on 0tates Parties once the treaty has Rentered into
force'R Ty%ically) a treatyGconvention will s%ecify how &any 0tates
&ust eco&e &e&ers efore the treatyGconvention Renters into
force'R If the s%ecified nu&er of 0tates Parties is never reached)
then the treatyGconvention will never enter into force and e given full
effect as a &atter of international law'
=eneral $rinci$les of lawBBgeneral %rinci%les of law recogni*ed y
or co&&on to the worldQs &a4or legal syste&s are a source of
international law' They are now relied on less freAuently than other
sources of international law) ut &ay serve as i&%ortant ga%Bfilling
devices) es%ecially in cases related to %rocedural &atters and
%role&s of international 4udicial ad&inistration' In order to deter&ine
the e1istence of a Rgeneral %rinci%leR of international law) a court will
ty%ically loo- to the laws that are included within 0tatesQ &unici%al
syste&s' #@or additional sources of law) see R0ources of law)R elow'$
InstrumentBBthis is a generic ter& freAuently used to refer to an
international docu&ent that sets standards or nor&s' The
Rinstru&entR in Auestion &ay e either of a inding or nonBinding
character'
International 4ill of 6ightsBBthis is the na&e given to the trio of
docu&ents that for& the core of general hu&an rights %rovisions' The
RBillR consists of the Universal Declaration of /u&an ;ights) the
International !ovenant on !ivil and Political ;ights) and the
International !ovenant on Econo&ic) 0ocial and !ultural ;ights'
9hile the two !ovenants are legally inding international
treatiesGconventions) the Universal Declaration was ado%ted as a
+eneral .sse&ly ;esolution and was therefore considered a nonB
inding) as%irational docu&ent at the ti&e' It is now widely regarded
as having attained the status of custo&ary international law) in whole
or at least in res%ect to so&e of its %rovisions'
International Covenant on 9conomicB ,ocial and Cultural
6ightsBBsee RInternational Bill of ;ights)R aove'
International Covenant on 9conomic and ,ocial 6ightsBBsee
RInternational Bill of ;ights)R aove'
Cus cogensBBthis is a funda&ental) %ere&%tory nor& of international
law that is inding on all 0tates) even if they o4ect to it' .n e1a&%le
of international laws that are regarded as Cs cogens include the
international %rohiitions against torture) genocide) and the slave
trade' These are cri&es for which there is no defense) and that all
0tates &ust underta-e to %revent and %unish'
.b/ect and $ur$oseBBthis constitutes the essential character of a
docu&ent and it can ty%ically e discerned fro& the title of the
docu&ent and any %rea&ular te1t' It is this Ro4ect and %ur%oseR that
Course for Newcomers "0?
0tates Parties &ust always ensure that they do not violate and that
signatory 0tates &ust res%ect unlessGuntil they declare that they do
not wish to RratifyR the treatyGconvention and eco&e full 0tates
Parties'
Progressive 6ealiAation@@&eans that a right can e i&%le&ented
over ti&e) ased on availale resources' /owever) all oligations
&ust e i&&ediately i&%le&ented without discri&ination and a 0tate
&ust also ta-e i&&ediate ste%s towards the reali*ation of a right'
These ste%s &ust e Kdelierate) concrete and targetedL and they
&ust e ta-en within Ka reasonaly short ti&eL after a treatyJs entry
into force'
In addition) 0tates do have a &ini&u& core oligation to satisfy the
&ini&u& essential level of each of the rights under a treaty' If a
0tate argues that it has failed to do so ecause of lac- of resources) it
&ust de&onstrate that every effort has een &ade to use all
resources that are at its dis%osition in an effort to satisfy) as a &atter
of %riority) those &ini&u& oligations'
Public $rocurementBBThe %urchase of %roducts and services y
%ulic authorities' Usually) this %urchase is done on the asis of
%ulic tenders that define the reAuire&ents to e &et y the %otential
%rovider) in ter&s of legal oligations) Auality of the %roductGservice
as well as conditions of delivery' There are so&e e1a&%les fro&
s%ecific countries #0ection (0= fro& the United 0tates is the &ost
renowned$ where %ulic %rocure&ent has een used to %ro&ote
accessile %roducts and services'
6atificationBBratification constitutes the second and final stage at
which a state ty%ically eco&es a &e&er or R0tates PartyR to a
treatyGconvention' Unless a %rocess of RaccessionR is used to attain
&e&ershi%) a 0tate will usually sign the treatyGconvention and then
send the docu&ent to its governing legislature for consideration' The
actual %rocess of ratification is governed y do&estic laws) and is
therefore different in each country'
Course for Newcomers "0(
6easonable accommodation26easonable ad/ustmentBB. conce%t
that first a%%eared in U0 legislation and is used &ainly in the conte1t
of e&%loy&ent and education' It &eans the individuali*ed %rocess
through which a %erson with disaility) otherwise Aualified for a 4o) is
%rovided with the wor-%lace related changes reAuired which will allow
hi&Gher to %erfor& at the sa&e level as herGhis non disaled %eers'
6eservationsB understandings and declarations ;61Ds<@@
although so&e treatiesGconventions do not %er&it the filing of ;UDs
#I5, treaties ty%ically do not %er&it such filings$) &ost
treatiesGconventions will %er&it 0tates to file ;UDs at the ti&e they
ratify or accede to a treaty' ;UDs are tools used y 0tates to li&it the
sco%e of a%%lication of a treaty or to &a-e clear how a 0tate
inter%rets so&e as%ect of the treaty' @or e1a&%le) if a %rovision of a
treaty will violate a 0tateQs do&estic constitutional %rovisions) the
0tate will usually file a RreservationR to the %rovision) so that the
s%ecified %rovision does not a%%ly to the 0tate and cannot e
enforced against it' It should e noted that if the RreservationR
contravenes the essential Ro4ect and %ur%oseR of a
treatyGconvention) then the RreservationR will e invalid and the
treatyGconvention %rovision in Auestion will usually still a%%ly to the
0tate' 9hereas RunderstandingsR and RdeclarationsR do not e1e&%t
the a%%lication of treatyGconvention %rovisions to a 0tate) they do
%rovide 0tates with an o%%ortunity to clarify how they elieve a
%articular %rovision should e inter%reted'
6emedies@@ In so&e conventions) 0tates agree to %rovide a re&edy
or redress if any of the oligations in the !onvention are violated'
;e&edies can ta-e &any for&s with the focus on sto%%ing the wrong
ehavior) %reventing it fro& ha%%ening again) and &a-ing the victi&
of the violation whole' Ty%es of re&edies include orders to sto% the
discri&ination and refrain fro& future occurrencesF co&%ensationF
orders that s%ecify ste%s to correct the effects of the discri&ination
and %revent future reoccurrences such as the revision of %olicy and
%rocedures to ensure they are not discri&inatory) the i&%le&entation
of an antiBdiscri&ination %olicyF the i&%le&entation of a s%ecial
%rogra& to address %ast discri&ination'
,ther orders can reAuire &a-ing availale the right) o%%ortunity or
%rivilege that was denied such as the %rovision of either an oral or a
written a%ologyF the %rovision of a 4o reference or a letter of
referenceF the re&oval of negative %erfor&ance a%%raisals fro&
%ersonnel filesF reinstate&ent to a for&er 4o) or a transfer to a new
4oF the %ro&otion to a %osition that you were entitled toF registration
in a schoolF and so forth'
6esolutionBBthis is a nonBinding instru&ent that e1%resses the
co&&on interest of a grou% of 0tates and is usually ado%ted under
the aus%ices of an organ that is %art of an international organi*ation)
such as the UN +eneral .sse&ly' In &ost cases) there is no legal
oligation to i&%le&ent the ter&s of a resolution) ut in so&e cases
RresolutionsR &ay have a AuasiBlegislative effect' ;esolutions &ay)
however) aid in the develo%&ent of international law and &ay) over
ti&e) eco&e %art of Rcusto&ary international law'R
,ignatureBBRsignatureR constitutes the first ste% for a 0tate to
eco&e a %arty to a treaty' .t this stage) the 0tate is not ound to
aide y all the s%ecific %rovisions of the treatyGconvention) even if
the treatyGconvention has Rentered into force'R Instead) the 0tate is
ound to aide y the Ro4ect and %ur%oseR of the treaty' This level of
oligation is &aintained until the 0tate either RratifiesR the
treatyGconvention #causing it to assu&e res%onsiility for all of the
%rovisions for which it has not filed a RreservationR$ or sends notice
that it is re4ecting the treaty and has no intention of ever RratifyingR it
#thus releasing it fro& any oligation to aide y the
treatyGconvention$'
,ources of lawBB.rticle 8=#"$ of the 0tatute of the International
!ourt of Justice is %erha%s the &ost authoritative state&ent of the
sources of international law' The .rticle lists the following as the
sourcesD
International conventions) whether general or %articular)
estalishing rules e1%ressly recogni*ed y the contesting
states'
Course for Newcomers "0>
International custo&) as evidence of a general %ractice
acce%ted as law'
The general %rinci%les of law recogni*ed y civili*ed nations
su4ect to the %rovisions of .rticle (7
Judicial decisions and the teachings of the &ost highly Aualified
%ulicists of the various nations) as susidiary &eans for the
deter&ination of rules of law'
,tandardsBBRstandardsR %rovide a guide for how 0tates should act
under certain circu&stances' R0tandardsR &ay e e1%ressed in nonB
inding instru&ents #such as the UN 0tandard ;ules on the
EAuali*ation of ,%%ortunities for Persons with Disailities$ or in
inding instru&ents) such as treatiesGconventions'
,tates PartiesBBthis is a ter& used to denote a 0tate that is a
&e&er of) or %arty to) a %articular docu&ent or organi*ation'
)reaty2ConventionBBthe law of treaties is governed %ri&arily y the
"767 3ienna !onvention on the 5aw of Treaties) which ca&e into
force in "7=0) as well as y custo&ary law' Under .rticle 2 of the
3ienna !onvention) a Rtreaty &eans an international agree&ent
concluded etween 0tates in written for& and governed y
international law) whether e&odied in a single instru&ent or in two
or &ore related instru&ents and whatever its %articular designation'R
The funda&ental characteristic of a treaty is that it is inding on the
%arties to it) and the ter&s of the treaty &ust e %erfor&ed in good
faith' Ty%ically) 0tates will eco&e R0tates PartiesR to a treaty y
RsigningR and RratifyingR the docu&ent' .lternatively) 0tates &ay
RaccedeR to the treaty through a %rocess -nown as Raccession'R It
should e noted that 0tates will so&eti&es file R;UDsR at the ti&e
they 4oin a treaty) which will serve to affect how the treaty is a%%lied to
that 0tate' The treaty will usually s%ecify how &any 0tates need to
have eco&e 0tates Parties efore the treaty Rco&es into forceR and
the ter&s of the treaty eco&e enforceale' Binding) written
international agree&ents &ay e referred to y nu&erous na&es)
including treaty) convention) agree&ent) %rotocol) covenant) charter)
statute) etc'
Course for Newcomers "0=
1niversal Declaration of #uman 6ightsBBsee RInternational Bill of
;ights)R aove'
?0

?0

National Disaility !ouncil o%'cit'
6elevant links and background documents
6elevant 5inks
United Nations De%art&ent of Econo&ic and 0ocial .ffairs #UN
DE0.$
,ffice of the United Nations /igh !o&&issioner for /u&an ;ights
#,/!/;$
Disaled Peo%lesQ International #DPI$ resources lin-s
5and&ine 0urvivors Networ- #50N$ ;ights @or .ll
Inclusion International Priority .reas
9orld Networ- of Users and 0urvivors of Psychiatry #9NU0P$
9orldEnale
;I UN &eeting su&&aries
Im$ortant Documents on line
UN +eneral .sse&ly ;esolution #(6G"6=$) to estalish .d /oc
!o&&ittee 5in-
Course for Newcomers ""0
!ontriution y INTE;N.TI,N.5 DI0.BI5ITI .55I.N!ED Towards
a UN Disaility !onvention 5in-
!hronology of !onvention y 5and&ines 0urvivors Networ- 5in-
E1%ert :eeting on Possile :onitoring :echanis&s for the New
Disaility !onvention hosted y the ,ffice of the /igh !o&&issioner
for /u&an ;ights #,/!/;$ 5in-
Course for Newcomers """

Advanced Course Manual

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Advanced Course Manual

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Advanced Course on Negotiations of the

International Convention on Disability

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