THE INDIVISIBILITY OF CIVIL AND POLITICAL RIGHTS AND ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN CRPD

Abstract

The separation of civil and political rights and economic, social and cultural rights has impeded the fulfilment of human rights. Thus, the concept of the indivisibility of both types of rights appears to assist the fulfillment of human rights. Later, CRPD came out and embodied civil and political rights alongside with economic, social and cultural rights. Hence, this research aims to find out how far the indivisibility of civil and political rights and economic, social and cultural rights applied in CRPD. There are two questions this research proposed to address. First: how the indivisibility of CPR and ESCR stipulated in international human rights instruments. Second: how the indivisibility of CPR and ESCR applied in CRPD. This research used qualitative research method which analyse regulations, literatures and documents related to the research. This research found out that the indivisibility of CPR and ESCR indicates that the fulfilment of CPR is unlikely to happen without the fulfilment of ESCR and vice versa. The indivisibility of CPR and ESCR have been mentioned in UDHR and Vienna Declaration but the CRPD is one of the international instruments which embodied this successfully. CRPD integrated CPR and ESCR into its provisions and provide mechanism and expansive way for states to fulfil the right of persons with disabilities. However, states still find difficulty to implement the obligations given by the CRPD.