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Atty.Anita M. Chauhan,Ph.D.

June 30,2009
Prov. Capitol, Bayombong, Nueva Vizcaya
Article 1 of the CRPD states that the
purpose of the Convention is to protect
and promote all human rights and
fundamental freedoms of all persons
with disabilities.
What are Human Rights?

…Universal legal guarantees;


...civil, political, economic, social and cultural;
…protect human values (freedom, equality, dignity)
…inherent to individuals and, to some extent, groups;
…reflected in international norms and standards;
…legally binding on States.
The International Bill of Human
Rights*
• Universal Declaration of Human Rights

• International Covenant on Civil and Political


Rights
(including two Optional Protocols)

• International Covenant on Economic, Social


and Cultural Rights

* Only general human rights instruments


Human Rights Systems
ICCPR ICESCR

CERD CEDAW

UN Charter
CRC CAT
UDHR
CRPD HRC
CMW

Regional
Other
International Regimes
Instruments

National
Protection
Systems
What is the Disability Convention?

Convention is another word for treaty, a


binding agreement between nations. The
Convention on the Rights of Persons with
Disabilities (CRPD) is a multilateral treaty,
a treaty among many nations. It declares
specific obligations of governments to
respect and enforce the human rights of
persons with disabilities.
National Human Rights
Protection Systems

 Constitutional and Legislative frameworks

 Effective Institutions (Parliaments,


Governments, Judiciary, public
administration, HR institutions)

 Policies, procedures and processes

 Vibrant civil society


How will CRPD be enforced?

An international monitoring committee will be set


up to receive reports from governments and
make recommendations; the international
committee can also receive complaints from
individuals whose rights have been violated, but
only if the government has ratified the Optional
Protocol along with the Convention. There will
be a national focal point for implementation in
the government, and also a national monitoring
mechanism with independent powers. Persons
with disabilities, have the right to participate in
government processes to implement the
Convention (e.g. law reform and policymaking).
State Obligations in Human Rights
Sources: STATE
OBLIGATIONS:
 Ratified international
HR and IHLTreaties
 Philippine RESPECT

Constitution
 National and Local
Laws PROTECT FULFILL
 Policies and
Issuances
Human Rights Obligations
Duty-bearer’s obligation to

Respect Protect Fulfill

refrain from prevent others adopt appropriate


interfering with the from interfering measures towards
enjoyment of the with the enjoyment full realization of
right of a right the right
Normative Content of
Human Rights
Sources
Treaty FREEDOMS
provisions
Comments of
Treaty Bodies ENTITLEMENTS
The Governing of a particular
Laws right

Minimum Core Content


Principle of Progressive realization
HUMAN RIGHTS

DEVELOPMENT
GOVERNANCE STAKEHOLDERS

GOVERNMENT PRIVATE
SECTOR

CIVIL SOCIETY GOVERNANCE


STAKEHOLDERS
SHOULD BE PEOPLE-
CENTERED FOR
HUMAN
DEVELOPMENT
What is the core purpose of governance
from the human rights perspective?

MORAL DUTY AND


SOCIAL
RESPONSIBILITY

HR OBLIGATION
TO RESPECT,
PROTECT and RIGHTS AND
RESPONSIBILITIES
FULFILL
The Philippine HRBA
Framework in
Development KEY GOVERNANCE
and Governance STAKEHOLDERS
Government,Civil Society
And Private Sector
HUMAN
RIGHTS DEVELOPMENT

National/International Human Rights * Economic


Framework * Social
--Human Rights Principles * Cultural
* Political
-State Obligations
* Environmental
-Individual Duties
-Normative Content of HR

Governance
Economic Political Administrative
Governance Governance Governance
Human Rights Principles
That Guide Development
Attention to
Universality vulnerable groups

Indivisibility Equity
Interrrelatedness People’s
and participation
interdependence
Independence of
Non- the judiciary
discrimination
Legislative
Equality capacity and rule
of law
Accountability
Transparency
THE PRINCIPLES OF CRPD
• The general principles of the Convention are articulated in
Article 3 as follows:
(a) Respect for inherent dignity, individual autonomy including
the freedom to make one’s own choices, and independence of
persons;
(b) Non-discrimination;
(c) Full and effective participation and inclusion in society;
(d) Respect for difference and acceptance of persons with
disabilities as part of human diversity and humanity;
(e) Equality of opportunity;
(f) Accessibility;
(g) Equality between men and women;
(h) Respect for the evolving capacities of children with
disabilities and respect for the right of children with disabilities
to preserve their identities.
Elements of HRBA

Express linkage to
human rights Empowerment

Accountability

Participation

Nondiscrimination and attention to


vulnerable groups
17
• A human rights approach adds value
because it provides a normative framework
of obligations that has legal power to render
governments accountable.
– Mary Robinson
World Summit on Sustainable Development,
2002
“NOTHING ABOUT US
WITHOUT US”*

*Motto of the International Disability Caucus (IDC)