Analysis of the CRPD: History, Structure and

Main Features

Analysis of the CRPD: History, Structure and

Main FeaturesKatherine GuernseyKatherine Guernsey

ContentsContents

Need for the CRPD - a treaty whose time has come

Timeline of a treaty - the drafting process

Heart of a treaty - content & structure

Forward thinking - main features

Need for the CRPD - a treaty whose time has come

Timeline of a treaty - the drafting process

Heart of a treaty - content & structure

Forward thinking - main features

Need for the CRPDNeed for the CRPD

Invisibility of people with disabilities in the international human rights system People with disabilities have the same

human rights as everyone else BUT existing treaties offer little guidance

& seldom applied to people with disabilities

Reports to treaty monitoring bodies seldom address disability issues

Other standards not legally binding

Invisibility of people with disabilities in the international human rights system People with disabilities have the same

human rights as everyone else BUT existing treaties offer little guidance

& seldom applied to people with disabilities

Reports to treaty monitoring bodies seldom address disability issues

Other standards not legally binding

Drafting processDrafting process

Origins decades ago Culminated in UN Standard Rules

CRPD process started by Mexico in Dec 2001

8 sessions of GA Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session 2-3 weeks per session

Origins decades ago Culminated in UN Standard Rules

CRPD process started by Mexico in Dec 2001

8 sessions of GA Ad Hoc Committee at UNHQ in NY 2002-2006 plus 1 Working Group session 2-3 weeks per session

Drafting process contd.Drafting process contd.

Guiding principle - full inclusion of all relevant stakeholders

Unprecedented access of DPOs at all stages - especially WG meeting

Positive involvement of DPOs changed how UN does business

Educational process for all

Guiding principle - full inclusion of all relevant stakeholders

Unprecedented access of DPOs at all stages - especially WG meeting

Positive involvement of DPOs changed how UN does business

Educational process for all

Drafting process contd.Drafting process contd.

13 December 2006 - CRPD & OP adopted

30 March 2007 - CRPD & OP opened for signature Over 80 States & EC signed & 1 ratification -

record-breaking for HRs treaty

3 May 2008 - CRPD entered into force after 20th ratification

To date 137 signatories, 49 ratifications, 81 OP signatories, 28 OP ratifications

13 December 2006 - CRPD & OP adopted

30 March 2007 - CRPD & OP opened for signature Over 80 States & EC signed & 1 ratification -

record-breaking for HRs treaty

3 May 2008 - CRPD entered into force after 20th ratification

To date 137 signatories, 49 ratifications, 81 OP signatories, 28 OP ratifications

CRPD content & structureCRPD content & structure

One of nine “core” international HRs treaties (has monitoring mechanism)

Legally binding upon States Parties Current “benchmark” standard Elaborates existing HRs in the

context of disability Does not create new or special rights

for people with disabilities

One of nine “core” international HRs treaties (has monitoring mechanism)

Legally binding upon States Parties Current “benchmark” standard Elaborates existing HRs in the

context of disability Does not create new or special rights

for people with disabilities

CRPD content & structure contd.CRPD content & structure contd.

Structure Preamble Introductory articles (Articles 1 & 2) Articles of general application (Articles

3-9) Specific articles (Articles 10-30) Implementation and monitoring

measures (Articles 31-40) Final articles (Articles 41-50) Optional Protocol

Structure Preamble Introductory articles (Articles 1 & 2) Articles of general application (Articles

3-9) Specific articles (Articles 10-30) Implementation and monitoring

measures (Articles 31-40) Final articles (Articles 41-50) Optional Protocol

CRPD main featuresCRPD main features Notable elements:

Cross-disability in approach NO definition of disability

Grounded in social model of disability Comprehensive content – both ESCRs

and CPRs Strong thread of non-discrimination

and equality Focus on monitoring at all levels Strong connection between disability,

human rights and development

Notable elements: Cross-disability in approach NO definition of disability

Grounded in social model of disability Comprehensive content – both ESCRs

and CPRs Strong thread of non-discrimination

and equality Focus on monitoring at all levels Strong connection between disability,

human rights and development