Executive summary = 1
Part 1
Background: The shift to a human rights framework of reference
Chapter 1 The moral authority for change: human rights values and the worldwide process of disability reform = 9
1.1 Human values - the human being as subject and not object = 9
1.2 From values to rights: a system of freedom built on human values = 13
1.3 The core problem: the "invisibility" of people with disabilities in the system of freedom = 15
1.4 Human rights as a "visibility" project in the context of disability = 17
Chapter 2 The application of moral authority: the shift to the human rights perspective on disability through United Nations "soft" law = 19
2.1 Early United Nations General Assembly resolutions on disability = 19
2.2 The emergence of the rights model in the 1980s: the World Programme of Action (1982) = 20
2.3 Influential United Nations studies and guidelines = 21
2.4 The United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) = 22
2.5 World conferences and disability = 24
2.6 United Nations Commission on Human Rights resolutions and disability = 25
2.7 United Nations expert seminars on disability = 26
2.8 General Assembly resolution on a convention to promote and protect the rights and dignity of persons with disabilities = 28
2.9 Conclusions = 29
Chapter 3 Building bridges from "soft law" to "hard law": the relevance of the United Nations human rights instruments to disability = 31
3.1 The United Nations human rights treaty system = 31
3.2 Navigating the United Nations human rights treaty system = 32
Part 2
Evaluation of the current use of the United Nations human rights instruments in the context of disability
Chapter 4 Disability and freedom: the International Covenant on Civil and Political Rights (ICCPR) = 37
4.1 The relevance of civil and political rights to disability = 37
4.2 Enforcement and interpretation of the ICCPR in the context of disability = 41
4.3 An evaluation of the operation of the ICCPR in the context of disability = 44
4.4 Disability as a human rights issue in the complaints procedures under the first Optional Protocol to the ICCPR = 48
4.5 Conclusions on the ICCPR and disability = 50
Chapter 5 Disability and social justice: the International Covenant on Economic, Social and Cultural Rights = 53
5.1 An overview of the International Covenant on Economic, Social and Cultural Rights = 53
5.2 The general application of the ICESCR in the context of persons with a disability = 55
5.3 The relevance of specific ICESCR rights in the context of disability = 58
5.4 Case studies on the current use of the ICESCR in the context of disability = 70
5.5 Conclusions on the ICESCR and disability = 81
Chapter 6 The integrity of the person: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and disability = 83
6.1 An overview of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment = 83
6.2 The general relevance of Convention norms in the context of disability = 92
6.3 Case studies on the operation of the Convention in the context of disability = 94
6.4 Conclusions on CAT and disability = 100
Chapter 7 Gender and disability: the Convention on the Elimination of all Forms of Discrimination against Women = 103
7.1 Introduction to CEDAW = 103
7.2 The general application of CEDAW norms in the context of disability = 107
7.3 Case studies on the current use of CEDAW in the context of disability = 111
7.4 Conclusions and future perspectives on CEDAW = 116
Chapter 8 Disability and children: the Convention on the Rights of the Child (CRC) = 119
8.1 Background to the Convention = 119
8.2 The relevance of the CRC norms in the context of disability = 119
8.3 Implementation of the Convention = 124
8.4 Case studies on the current operation of the CRC in the context of children with disabilities = 129
8.5 The increasing prominence of the disability perspective in the CRC Committee = 134
8.6 Conclusions on the CRC and disability = 140
Chapter 9 Disability and racial discrimination: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) = 141
9.1 Background to the Convention = 141
9.2 The Convention enforcement machinery = 142
9.3 Relevance of ICERD norms in the context of disability = 143
9.4 Case studies on State party reports with a disability dimension = 147
9.5 Conclusions on CERD and disability = 147
Part 3
Options for the future: towards maximizing the potential of the United Nations human rights instruments in the context of disability
Chapter 10 Civil society: current use of the United Nations human rights system and future choices = 151
10.1 Part I: Organizational details = 152
10.2 Part II: Self-understanding of disability NGOs as human rights defenders (questions 1-6) = 153
10.3 Part III: Self-evaluation of human rights capacities (questions 7-18) = 154
10.4 Part IV: Current levels of DPO/INGO engagement with the United Nations human rights machinery = 158
10.5 Part IV: Outcome of engagement with the human rights treaty monitoring bodies = 162
10.6.Part VI: The future = 165
10.7 Conclusions on the NGO questionnaire = 167
Chapter 11National human rights institutions - catalysts for change = 169
11.1 Level of disability awareness (questions 1-3) = 169
11.2 The status of disability rights on the agenda of national institutions (questions 4-7) = 170
11.3 The disability rights record of national institutions (questions 8-11) = 171
11.4 Litigation on disability rights = 173
11.5 Education and capacity-building (questions 15 and 16) = 173
11.6 Disability and the law reform process (questions 17 and 18) = 174
11.7 Conclusions = 176
Chapter 12 Recommendations: Making the United Nations human rights machinery work better in the context of disabiity = 177
12.1 States parties - towards a more sustained focus on persons with disabilities as the beneficiaries of the human rights treaties = 177
12.2 Treaty monitoring bodies - towards the mainstreaming of disability = 177
12.3 The Office of the High Commissioner for Human Rights - advancing disability as a human rights issue = 178
12.4 United Nations Commission for Human Rights - bringing disability onto the agenda = 178
12.5 National human rights institutions - enabling reform to come about = 179
12.6 Civil society - disability NGOs as human rights NGOs = 179
Chapter 13 Expanding the system: the debate about a disability-specific convention = 181
13.1 Growing support for a thematic convention = 181
13.2 A thematic convention as a way of enhancing the "visibility" of people with disabilities in the human rights system = 182
13.3 The practical benefits of a thematic convention = 182
13.4 Dignity and equality as the key to the content of a thematic convention = 183
13.5 The new freedom agenda and disability: the interdependence of all human rights = 183
13.6 A thematic convention as an aid to the mainstreaming of disability in United Nations human rights instruments = 183
13.7 The mutually reinforcing roles of a thematic convention and the United Nations Standard Rules = 183
Part 1
Background: The shift to a human rights framework of reference
Chapter 1 The moral authority for change: human rights values and the worldwide process of disability reform = 9
1.1 Human values - the human being as subject and not object = 9
1.2 From values to rights: a system of freedom built on human values = 13
1.3 The core problem: the "invisibility" of people with disabilities in the system of freedom = 15
1.4 Human rights as a "visibility" project in the context of disability = 17
Chapter 2 The application of moral authority: the shift to the human rights perspective on disability through United Nations "soft" law = 19
2.1 Early United Nations General Assembly resolutions on disability = 19
2.2 The emergence of the rights model in the 1980s: the World Programme of Action (1982) = 20
2.3 Influential United Nations studies and guidelines = 21
2.4 The United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) = 22
2.5 World conferences and disability = 24
2.6 United Nations Commission on Human Rights resolutions and disability = 25
2.7 United Nations expert seminars on disability = 26
2.8 General Assembly resolution on a convention to promote and protect the rights and dignity of persons with disabilities = 28
2.9 Conclusions = 29
Chapter 3 Building bridges from "soft law" to "hard law": the relevance of the United Nations human rights instruments to disability = 31
3.1 The United Nations human rights treaty system = 31
3.2 Navigating the United Nations human rights treaty system = 32
Part 2
Evaluation of the current use of the United Nations human rights instruments in the context of disability
Chapter 4 Disability and freedom: the International Covenant on Civil and Political Rights (ICCPR) = 37
4.1 The relevance of civil and political rights to disability = 37
4.2 Enforcement and interpretation of the ICCPR in the context of disability = 41
4.3 An evaluation of the operation of the ICCPR in the context of disability = 44
4.4 Disability as a human rights issue in the complaints procedures under the first Optional Protocol to the ICCPR = 48
4.5 Conclusions on the ICCPR and disability = 50
Chapter 5 Disability and social justice: the International Covenant on Economic, Social and Cultural Rights = 53
5.1 An overview of the International Covenant on Economic, Social and Cultural Rights = 53
5.2 The general application of the ICESCR in the context of persons with a disability = 55
5.3 The relevance of specific ICESCR rights in the context of disability = 58
5.4 Case studies on the current use of the ICESCR in the context of disability = 70
5.5 Conclusions on the ICESCR and disability = 81
Chapter 6 The integrity of the person: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and disability = 83
6.1 An overview of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment = 83
6.2 The general relevance of Convention norms in the context of disability = 92
6.3 Case studies on the operation of the Convention in the context of disability = 94
6.4 Conclusions on CAT and disability = 100
Chapter 7 Gender and disability: the Convention on the Elimination of all Forms of Discrimination against Women = 103
7.1 Introduction to CEDAW = 103
7.2 The general application of CEDAW norms in the context of disability = 107
7.3 Case studies on the current use of CEDAW in the context of disability = 111
7.4 Conclusions and future perspectives on CEDAW = 116
Chapter 8 Disability and children: the Convention on the Rights of the Child (CRC) = 119
8.1 Background to the Convention = 119
8.2 The relevance of the CRC norms in the context of disability = 119
8.3 Implementation of the Convention = 124
8.4 Case studies on the current operation of the CRC in the context of children with disabilities = 129
8.5 The increasing prominence of the disability perspective in the CRC Committee = 134
8.6 Conclusions on the CRC and disability = 140
Chapter 9 Disability and racial discrimination: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) = 141
9.1 Background to the Convention = 141
9.2 The Convention enforcement machinery = 142
9.3 Relevance of ICERD norms in the context of disability = 143
9.4 Case studies on State party reports with a disability dimension = 147
9.5 Conclusions on CERD and disability = 147
Part 3
Options for the future: towards maximizing the potential of the United Nations human rights instruments in the context of disability
Chapter 10 Civil society: current use of the United Nations human rights system and future choices = 151
10.1 Part I: Organizational details = 152
10.2 Part II: Self-understanding of disability NGOs as human rights defenders (questions 1-6) = 153
10.3 Part III: Self-evaluation of human rights capacities (questions 7-18) = 154
10.4 Part IV: Current levels of DPO/INGO engagement with the United Nations human rights machinery = 158
10.5 Part IV: Outcome of engagement with the human rights treaty monitoring bodies = 162
10.6.Part VI: The future = 165
10.7 Conclusions on the NGO questionnaire = 167
Chapter 11National human rights institutions - catalysts for change = 169
11.1 Level of disability awareness (questions 1-3) = 169
11.2 The status of disability rights on the agenda of national institutions (questions 4-7) = 170
11.3 The disability rights record of national institutions (questions 8-11) = 171
11.4 Litigation on disability rights = 173
11.5 Education and capacity-building (questions 15 and 16) = 173
11.6 Disability and the law reform process (questions 17 and 18) = 174
11.7 Conclusions = 176
Chapter 12 Recommendations: Making the United Nations human rights machinery work better in the context of disabiity = 177
12.1 States parties - towards a more sustained focus on persons with disabilities as the beneficiaries of the human rights treaties = 177
12.2 Treaty monitoring bodies - towards the mainstreaming of disability = 177
12.3 The Office of the High Commissioner for Human Rights - advancing disability as a human rights issue = 178
12.4 United Nations Commission for Human Rights - bringing disability onto the agenda = 178
12.5 National human rights institutions - enabling reform to come about = 179
12.6 Civil society - disability NGOs as human rights NGOs = 179
Chapter 13 Expanding the system: the debate about a disability-specific convention = 181
13.1 Growing support for a thematic convention = 181
13.2 A thematic convention as a way of enhancing the "visibility" of people with disabilities in the human rights system = 182
13.3 The practical benefits of a thematic convention = 182
13.4 Dignity and equality as the key to the content of a thematic convention = 183
13.5 The new freedom agenda and disability: the interdependence of all human rights = 183
13.6 A thematic convention as an aid to the mainstreaming of disability in United Nations human rights instruments = 183
13.7 The mutually reinforcing roles of a thematic convention and the United Nations Standard Rules = 183