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These pages apply mainly to the United Kingdom.
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| Home | Overview | Disability | Employment | Services | Education | Benefits | Business | Advice | Links | More... |
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These pages apply mainly to the United Kingdom.
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This page deals with some of the main international declarations and treaties relevant to disability discrimination in the UK. The main current development is the UN's new Convention on the Rights of Persons with Disabilities, which is not yet in force.
You really want to base any legal case on the Disability Discrimination Act (or conceivably the Human Rights Act), rather than any of the instruments listed on this page. Even the treaties which are binding in international law normally have fairly weak enforcement mechanisms. International law is not UK law.
The major exceptions are dealt with elsewhere on this website, primarily
Having said that, any treaties binding on the UK in international law may be relevant in interpreting ambiguous UK law, on the basis that Parliament will not be presumed to have legislated contrary to international obligations. Also even aspects of non-binding instruments such as the Universal Declaration of Human Rights may have some legal effect through becoming part of international customary law.
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Not a legal document but sponsored by the International Stuttering Association (ISA) and the International Fluency Association (IFA). Available on the ISA website |
There is a United Nations system and persons with disabilities page on the UN website.
A Convention on the Rights of Persons with Disabilities came into force in May 2008. The convention text and news are available at www.un.org/esa/socdev/enable/.
The UK has signed the Convention but has not yet ratified it. This is expected to happen later in 2008 - www.officefordisability.gov.uk/working/theunconvention.asp. The Equality and Human Rights Commission has called on the Government to ratify the Convention in 2008 without reservation (EHRC News Release 14/4/08), but the Government has indicated that it envisages certain reservations and 'interpretative declarations'.
There is a news article UN celebrates disability treaty (on BBC website, 12/5/08). Also www.un-convention.info.
It is hoped that the Convention will become a key, and perhaps the main, UN measure on the area. In the meantime, I deal below with existing UN measures.
The UN Standard Rules on the Equalisation of Opportunities for Persons with Disabilities 1993 are central to the UN's efforts to equalize opportunities for disabled people across the globe.
They are not intended to be compulsory, though it is indicated they could become international customary rules (para 14 of the Introduction). There is a monitoring system, and the reports from each country (which include NGO reports) are interesting if one wants to get an idea of what is happening for disabled people in different countries around the world. Country reports are available at the link above.
The UN standard rules are considered in an article by Edwin Farr of ELSA, Raising awareness of stuttering, as a possible tool for national stuttering associations, local self-help groups and the individual person who stutters.
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Various UN declarations and conventions commonly contain a pretty standard anti-discrimination clause. This is along the lines that the rights and freedoms set out in the particular document are to be enjoyed without discrimination on various grounds "or other status". Disability is probably included in "other status" as a prohibited ground. However, this wording does mean that the anti-discrimination clause is limited to areas encompassed by the other rights dealt with in the particular document (see similarly Article 14 of the European Convention of Human Rights).
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This fundamental declaration dates from 1948. Article 2 is the anti-discrimination provision. The Universal Declaration sets forth general principles or standards of human rights.
The Universal Declaration is not intended to be legally binding, but is nevertheless a ground-breaking document which has had a dynamic effect on international human rights law.
To define specific rights and their limitations, in 1966 the UN went on to adopt the following two treaties ("Covenants") which are binding in international law on states which agree to them. The UK has ratified both Covenants, subject to certain reservations.
This contains the most fundamental rights, such as life and liberty, and freedom of conscience and expression.
Article 26 is particularly important in our context. It seems to be an unusually broad anti-discrimination provision, not limited to the areas encompassed by the other rights in the Covenant, and prohibiting discrimination - at least direct discrimination - on any ground unless a reasonable and objective justification can be established by the defendant Contracting State. Furthermore, Article 2(2) arguably places an obligation on Contracting States to extend this protection to relations between private parties, not just activities of the State.
Article 2(1) is a more standard, limited anti-discrimination provision.
The Covenant is binding in international law on countries which have signed up to it, including the UK. An optional protocol enabling complaints to be made by individuals has not been ratified by the UK. Other legal means for ensuring its implementation are limited, mainly based on monitoring of reports submitted by the individual countries. The UN Human Rights Committee monitors implementation of the Covenant, including dealing with complaints under the protocol.
International Covenant on Economic, Social and Cultural Rights
Article 2(1) is a standard anti-discrimination provision. The Covenant includes economic rights such as, in Article 6, "the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts". Articles 12 and 13 deal with health and education respectively.
Obligations of States to implement most of the rights are less absolute than under the other Covenant. A State undertakes to take steps "to the maximum of its available resources" "with a view to achieving progressively" the full realization of the rights. This get-out clause might however be argued to have only limited effect as regards discrimination.
The Covenant is binding in international law on the parties, but compliance is based on monitoring of reports submitted by the individual countries. Monitoring is by the UN Committee on Economic, Social and Cultural Rights. The Committee's (non-binding) General Comment No. 5 in 1994 relates to persons with disabilities, and views discrimination broadly:
"For the purposes of the Covenant, "disability-based discrimination" may be defined as including any distinction, exclusion, restriction or preference, or denial of reasonable accommodation based on disability which has the effect of nullifying or impairing the recognition, enjoyment or exercise of economic, social or cultural rights... In order to remedy past and present discrimination, and to deter future discrimination, comprehensive anti-discrimination legislation in relation to disability would seem to be indispensable in virtually all States parties."
Rights of children
The Universal Declaration of Human Rights includes children. However, children were recognised as a particularly vulnerable group who needed specific measures directed to their protection and the provision of rights to allow their full and healthy development.
Declaration on the Rights of the Child
This 1959 UN declaration is not legally binding. Principle 1 is the anti-discrimination rule. Then under principle 2, for example, the child "...shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity...". Principle 5 says: "The child who is physically, mentally or socially handicapped shall be given the special treatment, education and care required by his particular condition."
Convention on the Rights of the Child
This 1989 convention has strong provisions when viewed in the context of a child who stammers. Article 2(1) is an anti-discrimination provision relating to any "other status" (eg disability) of the child or his/her parents or legal guardian and is again limited to the provisions of the Convention. However, these provisions give wide-ranging rights, including a declaration that the best interests of the child are the primary consideration (Article 3(1)), and freedom of expression (Article 13). Article 23 deals specifically with disabled children: under the first part of this the contracting states "recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community". Article 24 deals with rights to healthcare, which perhaps includes speech therapy. Articles 28 and 29 deal with educational rights.
The Convention is binding in international law on its parties, and the UK has ratified it (subject to certain reservations). The obligations as regards economic, social and cultural rights are limited by reference to available resources. The Convention is monitored by the Committee on the Rights of the Child on the basis of reports from individual countries.
Other UN measures include ...
Declaration on the Rights of Disabled Persons 1975
Non-binding. Calls for "national and international action to ensure that it will be used as a common basis and frame of reference for the protection of these rights."
The Vienna Declaration and Program of Action
An important declaration on human rights generally made at the 1993 World Conference on Human Rights. Paragraphs 63-65 of Part II deal specifically with people with disabilities in very strong terms. For example: "The place of disabled persons is everywhere. Persons with disabilities should be guaranteed equal opportunity through the elimination of all socially determined barriers, be they physical, financial, social or psychological, which exclude or restrict full participation in society."
International Labour Organisation
The ILO's website has a section Disability and work, which includes a Code of Practice on Managing Disability in the Workplace. Other relevant ILO instruments include the following:
Discrimination (Employment and Occupation) Convention, 1958 (C111)
Ratified by the UK in 1999, but there is discretion as the inclusion of disability.
Human Resources Development Convention, 1975 (C142)
On vocational guidance and vocational training. Article 3(1) requires members to gradually extend their systems of vocational guidance, including continuing employment information, with a view to ensuring that comprehensive information and the broadest possible guidance are available to all children, young persons and adults, including appropriate programmes for all disabled persons. Ratified by the UK.
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (C159)
However, not ratified by the United Kingdom. Also its accompanying Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (R168).
Council of Europe
The Council of Europe is an intergovernmental organisation with various aims including the promotion of human rights. It is distinct from the European Union. There is a Disability section on their website. Two of its conventions are important in the present context:
This is the most visible of the Council of Europe conventions. States and individuals can complain about breaches to the European Court of Human Rights in Strasbourg, and in the UK the Human Rights Act 1998 now enables UK domestic courts to apply the convention directly. Click here for my web page dealing with this Convention as it applies in the UK, in the context of this website.This 1961 treaty is intended to be progressively replaced by a revised charter opened for signature in 1996. The UK has ratified the first charter but (as at October 2005) not the revised one. The charter covers work and various other social issues. Examples from the revised charter include rights of persons with disabilities to independence, social integration and participation in the life of the community (Article 15), and a right to dignity at work (Article 26). Article E in Part V is a non-discrimination clause.
Unlike in the European Convention on Human Rights, an individual cannot bring a complaint. Monitoring is based on reports from individual countries and non-governmental organisations. Optionally a State may agree that trade unions, employers organisations and other organisations can make a complaint that the State is not complying with the Charter. However, so far as I know the UK has not opted to allow this.
Monitoring is by the European Committee on Social Rights. Its views on the interpretation of the Charter can be found partly in its reports on individual countries. For example in its 2003 report on France regarding the revised charter (not ratified by the UK), the Committee says: "Article 15§3 requires the existence of non-discrimination (or similar) legislation covering both the public and the private sphere in the fields such as housing, transport, telecommunications, cultural and leisure activities as well as effective remedies for those who have been unlawfully treated." The Committee's website also has a useful Digest of the case law of the ECSR.
Recommendation No.R (92) 6 on a coherent policy for people with disabilities.
A non-binding recommendation from 1992. See also for example Recommendation 1185 (1992) which acknowledges (in para 3) the social nature of disability. These recommendations may be helpful in interpreting the two binding instruments above.
European Union
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Last updated in part: 22nd June, 2008
