C. Why is the Convention important?
The Convention:
- Clarifies the rights of persons with disabilities. As noted already, many persons with disabilities are unaware of their rights
and these rights are often neglected. The Convention recognizes that persons with disabilities have the same rights as everyone
else and that they should enjoy them on an equal basis with people without disabilities.
- Sets out responsibilities to respect those rights. It recognizes that asserting rights is not enough on its own and that it
is equally important to identify the various steps that States (and others) should take to respect those rights. In this sense,
the Convention is very comprehensive as it sets out in some detail the responsibilities to respect, protect and fulfil the
rights of persons with disabilities.
- Recognizes disability as a social construct and society should dismantle the barriers preventing persons with disabilities
from participating fully in society.
- Promotes inclusive and accessible development. It is often described as a human rights treaty and a development tool. This
continues a trend in human rights law that recognizes the need for States to take positive steps to guarantee rights and highlights
the role of the international community in helping States to achieve those rights. Indeed, development is essential if the
Convention is to be implemented properly. For example, many provisions require improvements in access to goods and services
which rely, in part, on having effective development strategies and policies. Importantly, development should be inclusive
of and accessible to persons with disabilities (art. 32). This requires a twin-track approach: specific programmes for persons
with disabilities coupled with mainstreaming their rights into development projects, programmes and other interventions.
- Ensures national and international monitoring of rights. While this is not the same as ensuring legal enforceability, the
fact that the Convention establishes national and international mechanisms to support implementation and monitoring is a way
to support rights as well as the implementation of the Convention.