UN Disability Convention

The UN Convention on the Rights of Persons with Disabilities was ratified by the UK on 8th June 2009. To put international instruments in context, see the introduction.

The UN Convention on the Rights of Persons with Disabilities came into force in May 2008. The convention text and news are available on the United Nations website at www.un.org/disabilities.

EHRC guide and examples

The Equality and Human Rights Commission (EHRC) has produced a very useful guide to the Convention (link to EHRC website).

To pick out just a few points from the EHRC guide:

As regards Article 5 of the Convention, on equality and non-discrimination, the EHRC comments that the Convention is broader than current discrimination law in Great Britain. The EHRC mentions for example British law's current limited coverage of volunteers and air travel and shipping.
Article 8 can be used to promote disability equality training for policymakers and decision-makers (local and national).
Under Article 11, which concerns situations of risk and humanitarian emergencies, the EHRC booklet gives as an example that it would not be good enough to set up a helpline where people can ask for information or help if it is not accessible for groups of disabled people, including people with speech impairments.
Under Article 13, there is stress on the importance of appropriate support for participating in court proceedings.
Under Article 21, on freedom of expression etc, the booklet says: "Public services should... have to think about different ways for people to get in touch with them - for example, not to exclusively rely on the telephone but also to use email, face-to-face meetings etc.
Article 25, on health, talks about govenments ensuring that impairments and health conditions are identified early and that people get early support. This is very important for stammering, because with appropriate intervention at the pre-school stage stammering can very often be overcome completely.

The EHRC guide (in 'What obligations does the Convention place on the government?') says the Convention recognises that many countries may not be able to take steps to make some of the rights real for all disabled people immediately, but the government should still try to do everything in its power and use all available resources to make sure disabled people enjoy their human rights as quickly as possible. Also the UN is likely to expect a relatively wealthy country like Britain to be doing better than a developing country.

Does the Convention have teeth?

The Convention is not directly enforceable in the UK courts. UK anti-discrimination legislation - most importantly the DDA 1995, soon to be replaced by the Equality Act 2010 - will remain the main legislation one wants to fall within. However these are some ways the Convention can have practical relevance:

Interpreting UK law

The Convention may be relevant in interpreting and applying legislation which is directly enforceable in the UK. This includes discrimination legislation, for example what is a reasonable adjustment, and the Human Rights Act. Further, for public authorities having due regard to the Convention may be seen as part of their compliance with the public equality duty.

Complaints against public authorities

The Convention could be used when making a complaint against a public authority, either through internal procedures or through inspectorates such as the Care Quality Commission or Ombudsman.

Monitoring by UN disability committee

Countries' compliance with the Convention is assessed by a UN's Committee on the Rights of Persons with Disabilities ("UN Disability Committee"). The committee can make recommendations where it finds deficiencies.

Bodies other than government, including charities, can produce reports to be fed though to the committee. Reports from outside the govenment will be particularly important to the committee in reaching its conclusions. The EHRC says that producing a 'shadow report' is one of the most effective ways of bringing about change for disabled people. For guidance on producing reports, see the EHRC guide to the Convention: How can I get involved in monitoring and reporting? (link to EHRC website).

Advocating for change

The Convention can be used in advocating for changes to laws and policies, locally and nationally. Having ratified the Convention, the government is commited to taking practical action to make its rights real.

Individual petition to the committee

An individual (or group) can petition the UN Disability Committee if they consider the government (but not other authorities) has breached their Convention rights and domestic remedies have been exhausted. There is more on this in the EHRC guide to the Convention: How do I make complaint to the UN Disability Committee? (link to EHRC website).

This option to make an individual complaint is available under the Optional Protocol which the UK has ratified. However the scope of this option is limited because of the requirement to have exhausted all rememdies within the UK.

Inquiry by UN Disability Committee

Also under the Optional Protocol, the UN's Committee on the Rights of Persons with Disabilities is able to conduct an inquiry if it receives reliable information indicating grave or systematic violations by a State of Convention rights.

Optional Protocol

On 26th February 2009 the UK Government also signed the Optional Protocol to the Convention - see www.officefordisability.gov.uk/working/un-convention/index.php.

This Protocol establishes two of the procedures mentioned above, which are aimed at strengthening the implementation and monitoring of the Convention. These procedures are the bringing of an individual petition to the Committee on the Rights of Persons with Disabilities claiming that the State (e.g. the UK) has breached their Convention rights, and conducting an inquiry if the Committee receives reliable information indicating grave or systematic violations.

The EHRC put out a statement on this: Commission welcomes Government's commitment to disabled people's human rights (link to EHRC website), 3/2/09.

Ratifications and reservations by UK

The UK government site covering the ratification of the Convention is www.officefordisability.gov.uk/working/un-convention/index.php. The Equality and Human Rights Commission (EHRC), in addition to their guide mentioned above, also has further information about the Convention at UN Convention on Disability Rights (link to EHRC website).

The UK ratified the Convention subject to certain reservations and 'interpretative declarations'. Details are set out in an Announcenment by Jonathan Shaw (external link, pdf), the Minister for Disabled People (13/5/09). The reservations and declarations relate to

exemption for employment in the armed services,
special schools,
health screening for immigrants, and
(temporarily) appointments to claim/collect benefits on behalf of a disabled person.

The Equality and Human Rights Commission (EHRC) had called on the Government to ratify without reservations (August 2008 Position statement - link to EHRC website).