A human rights model of disability

Abstract

The Convention on the Rights of Persons with Disabilities (CRPD) has been a success from the start: Its negotiation history among UN human rights treaties is the fastest; 1 its ratification record is splendid. 2 It was opened for signature in March 2007 and came into force on 3 May 2008 after the twentieth state had ratified the Convention. Only 6 years later, 151 3 states of the United Nations have become States Parties. There are several reasons why it can be called a ‘first of ’ convention: the first human rights treaty adopted in the twenty-first century and after the 1993 Vienna Conference of human rights, the first to be acceded by a regional integration organization, 4 and the first group-focused treaty with a national monitoring mechanism. 5 Unlike its eight sister treaties, it has a stand-alone article on international cooperation. 6As a member of the CRPD Committee, 7 I am involved in reviewing States Parties’ reports, 8 individual complaints 9 and other inquiries, 10 and general comments. As of 3 October 2014, we have reviewed nineteen state reports, we have decided on eight individual communications and we have adopted two general comments. 11Based on the status of the work of the CRPD Committee, I would argue that there are many challenges for implementing this new human rights treaty. Like any other human rights1 Negotiations started in 2002. 2 As of 3 October 2014. 3 As of 3 October 2014. 4 The EU acceded to it on 23 December 2010. 5 Art. 33 CRPD. 6 Art. 32 CRPD. 7 2011-18. 8 Art. 35 CRPD. 9 Against States Parties that have ratified the Optional Protocol to the CRPD, Art. 1 OP to CRPD. 10 Art. 6 OP to CRPD. 11 GC No 1 on legal capacity (Art. 12 CRPD) and GC No 2 on accessibility (Art. 9 CRPD). All documents canbe found at: http://www.ohchr.org/en/hrbodies/crpd/pages/crpdindex.aspx (last visited 5 October 2014).