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Principles for Drafting a New Treaty

A new Human Rights Treaty in a Disability Framework

1. A disability convention should primarily contain rights that are enforceable, and it should incorporate measures to enable persons with disabilities to exercise their human rights and fundamental freedoms. In particular, it should be grounded on the values of (independent living or liberty), dignity, self-determination, equality and social solidarity.

2. Standards below already existing human rights standards must not be accepted.

3. It should build on the existing positive achievements of the human rights treaty bodies in the disability field.

Ensuring Consistency with Existing Human Rights Standards

4. A disability convention should complement and strenghten the monitoring fo disability rights by the treaty monitoring bodies under the six Core Human Rights treaties.

5. The Standard Rules and the Wold Programme of Action and other instruments of relevance should be used as reference tools in seeking implementation measures.

Ensuring Sensitivity to Diverse Groups and Socio-Economic Conditions

6. The situation of all disability groups and the diverse conditions related to gender, race, colour, age and other considerations must be taken into account when elaborating the convention.

7. When elaborating the convention, special attention should be paid to the conditions of persons with disabilities in developing countries and countries in transition.

Active Participation of Persons with Disabilities as an Essential Precondition

8. The drafting process must be based upon the fullest possible participation of people with disabilities through their representative organizations (including of parents of disabled people unable to represent themselves).

States should encourage in broad consultations with organizations of disabled people and should include representatives of organizations of people with disabilities in their own delegations to the treaty drafting meetings of the UN.

The UN should ensure the wide participation of representative national, regional and international organizations of people with disabilities in the process of drafting the convention like those united under the International Disability Alliance.

Active efforts must be made to ensure the participation of organizations of people with disabilities coming from developing countries (and of women with disabilities).

Providing a Strong Mechanism of Enforcement

9. The relevant treaty monitoring body should be tasked in particular to deal with group and individual complaints. National monitoring bodies in charge of monitoring and reporting on the implementation on the treaty should be established and strenghtened.

10. A mechanism for the participation of organizations of persons with disabilities in the monitoring and implementation of the treaty should be provided.

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