Human Rights & Employment
2. Human Rights PWID
2.1. Legal Context. ‘Subjects’ with rights, not ‘objects’ of charity
The human rights of every man, woman and child on earth are guaranteed by the Universal Declaration of Human Rights. However, in practice, many groups around the world are still regularly denied their basic human rights. People with disabilities - being the largest and one of the most disadvantaged minority in the world – make up one of those groups.
That is the reason why in 2006, the United Nations adopted a Convention on the Rights of Persons with Disabilities (CRPD) and an Optional Protocol which states that persons with disabilities have the same rights as all others and are equal before the law. The Convention on the Rights of Persons with Disabilities entered into force in 2008 and signalled a ‘paradigm shift’ from traditional charity-oriented, medical-based approaches to disability to one based on human rights. Persons with disabilities are no longer considered unable to play an active role in society nor are they viewed as in need of ‘fixing’ to fit in. Instead, their capacity is recognised, and emphasis is placed on society’s need to adapt in order to facilitate their full participation in all aspects of life. The CRPD is a legal agreement between countries that they will follow the same law about a specific issue. When a country signs and ratifies a Convention, it makes a legal promise to make its laws, policies and actions consistent with the given Convention. The CRPD deals with issues such as legal capacity, the role of families, living in the community, accessibility, employment and education.
1.1 Guiding Principles of the Convention for the Rights of Persons with disabilities
The CRPD contains a number of important principles and beliefs that set the tone for the agreement and support the overall goal of having an international law on the rights of people who have a disability. The principles of the CRPD are:
• Respect for everyone’s inherent dignity, freedom to make their own choices and independence;
• Non-discrimination (treating everyone fairly);
• Full participation and inclusion in society (being included in the community);
• Respect for differences and accepting people with disabilities as part of human diversity;
• Equal opportunities;
• Accessibility (having access to transportation, places and information, and not being refused access on the basis of disability);
• Equality between men and women and boys and girls; and
• Respect for the evolving capacity of children with disabilities and their right to preserve their identity.
The CRPD contains 50 sections (called Articles) that spell out the various rights of people with disabilities and the obligations of countries to respect and promote those rights. As we believe they are all equally important, we invite you to look at the whole CRPD.
ACTIVITY
Please follow the link to download the CRPD in Easy-to-Read format (simplified / easy to understand version) https://www.odi.govt.nz/assets/Uploads/easy-read-un-convention.pdf. Then read it and discuss it with your child in order for them to get familiarised with their rights.
Other resources in easy-to-read format
The European Union Agency for Fundamental Rights (FRA) has also published a series of Easy to Read information on various subjects (available in English) between 2010 and 2018, such as From institutions to community living; Violence against children with disability; Laws about being able to make important decisions for yourself; Choice and control: the right to live independently - Experiences of people with intellectual disabilities; What is the European Union Agency for Fundamental Rights? and The rights of people with intellectual disabilities and people with mental health problems.
ACTIVITY
Watch this video together with a person with intellectual disability you support. Ask this person which rights she/he finds difficult to exercise. Think together of ways to empower the PWID to have full access to her/his human rights.
Know your Rights: A Guide for Self-Advocates