残疾人权利委员会纪念《残疾人权利公约》通过十周年（部分翻译）

日内瓦（2016年4月19日）——残疾人权利委员会今日上午庆祝《残疾人权利公约》通过十周年。

 

委员会听取了人权事务高级专员办事处研究和发展权利司人权与经济和社会问题科科长乔蒂·桑格拉（Jyoti Sanghera）、墨西哥常驻联合国日内瓦办事处大使兼代表豪尔赫·罗莫纳克（Jorge Lomonaco）、新西兰常驻联合国日内瓦办事处预备代表卡尔·阿伦·雷克（Carl Allan Reaich）、大韩民国常驻联合国纽约办事处大使兼代表、《公约》缔约国会议主席吴俊（Oh Joon）（录音讲话）、保护所有移徙工人及其家庭成员权利委员会主席何塞·布里连特斯（Jose Brillantes）、来自国际残疾人联盟（International Disability Alliance）的克劳斯·拉赫维兹（Klaus Lachwitz）以及委员会主席玛丽·索莱达·西斯特纳斯·雷耶斯（Maria Soledad Cisternas Reyes）（代表其朗读的录音讲话）的发言。

 

会议第二部分，六位民间社会代表提供了关于《公约》对残疾人在不歧视、无障碍、法定权利、教育权、工作权以及选举权、参与公共和政治生活权、独立生活权方面的影响的证词。

 

委员会今天也将举行关于独立生活和参与社区的权利一般性讨论（《公约》第十九条）。

Statements

JYOTI SANGHERA, Chief, Human Rights and Economic and Social Issues, Research and Right to Development Division at the Office of the High Commissioner for Human Rights, said that enormous advances had been made over the previous 10 years. At the same time, everybody realized that much more still needed to be done. The Office of the High Commissioner had been actively involved in mainstreaming the provisions of the Convention, particularly on including them in the 2030 Sustainable Development Agenda. Ten thematic studies had been conducted on the human rights of persons with disabilities, and they supported Member States of the Human Rights Council on creating the mandate of the Special Rapporteur on the rights of persons with disabilities. The Office was also working closely with civil society, and would continue to do so in the years to come, all with the joint goal of mainstreaming the rights of persons with disabilities into the global agenda.

JORGE LOMONACO, Ambassador and Permanent Representative of Mexico to the United Nations Office at Geneva, speaking on behalf of the Group of Friends to the Convention on the Rights of Persons with Disabilities, stated that the Convention had been the first human rights treaty ratified in the twenty-first century, and was getting rapidly accepted and ratified. It consolidated the efforts made by the United Nations since its inception on equal rights and integration of persons with disabilities. To date, 161 States and one regional organization had ratified or acceded to the Convention. It was the first internationally legally binding instrument to specifically address the situation of persons with disabilities. It had helped foster an important paradigm shift that should lead to the consolidation of deep-rooted cultural change in our societies. Efforts had been undertaken aimed at the universalization of the Convention and the implementation of its provisions at the national level.

CARL ALLAN REAICH, Alternate Permanent Representative of New Zealand to the United Nations Office at Geneva, also speaking on behalf of the Group of Friends to the Convention on the Rights of Persons with Disabilities, stated that some specific achievements included the establishment of the Committee in 2008, establishment of a Human Rights Council task force on secretariat services, accessibility and use of information technology, and including the question of persons with disabilities in the 2030 Agenda for Sustainable Development. Today, nonetheless, persons with disabilities still continued to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world. Women and girls with disabilities were still often at greater risk of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. States were called upon to continue to engage with the Committee and to continue to support the work undertaken by the relevant mandate holders and the Office of the High Commissioner.

OH JOON, Ambassador and Permanent Representative of the Republic of Korea to the United Nations in New York and President of the Conference of States parties to the Convention, in a recorded message, said that over the last 10 years the Convention had contributed to shifting the paradigm on the rights of persons with disabilities. From 14 to 16 June, the ninth session of the Conference of the States parties to the Convention would take place in New York, with the focus of leaving no one behind in the 2030 Agenda. Thematic debates would be held on the issues of poverty and the rights of persons with mental and intellectual disabilities. The tenth anniversary of the Convention should be celebrated and additional efforts made so as not to leave anyone behind while pursuing development for all.

JOSE BRILLANTES, Chairperson of the Committee on the Protection of the Rights of Migrant Workers and Members of Their Families, stated that migration had the potential to affect the rights of persons with disabilities positively if they experienced better conditions in their countries of destination. However, the experiences of disabled migrants were often negative. Persons with disabilities often felt obstacles as potential, current or returning migrant workers, because many countries embraced a discriminatory approach to a disability and treated migration in a utilitarian manner. Services needed by persons with disabilities were often not available to migrant workers and their families. Migrant workers and members of their families with disabilities could also face additional restrictions, especially in the current rising climate of xenophobia in a number of countries. Migrants were more and more often acquiring disability in the process of migration, and were sometimes seriously injured by criminals and organized gangs. Persons with disabilities should be treated appropriately in migrant training centres.

KLAUS LACHWITZ, International Disability Alliance, stated that the Convention was the manifestation of the voices and vision of persons with disabilities and thus belonged to them all. The Convention continued to be the basis of change; the Sustainable Development Goals and the Sendai Framework all included references to the rights of persons with disabilities. A more inclusive community had been strengthened through international cooperation and development. The Convention was also a living instrument at the regional, national and grassroots levels. The monitoring process had proved to be truly transformative for the movement of persons with disabilities. The first follow-up mission to Peru had proved that the Committee’s recommendations had served as tools for civil society to drive forward change for more inclusive laws, policies and practices. In the previous 10 years, the Committee had upheld the highest standards of the Convention, calling, inter alia, for non-discrimination and the right to inclusive education. A campaign for the universal ratification of the Convention was being launched today, with the view of leaving no State behind.

MARIA SOLEDAD CISTERNAS REYES, Chairperson of the Committee, in a message read out by Vice-Chairperson Sylvia Quan, said that for decades, persons with disabilities had been working tirelessly on achieving a legally binding document with a monitoring mechanism. For millions of people around the world, the process and the final outcome had been hugely important. Questions of women and girls with disabilities and the right to inclusive education had been subjects of general discussions. Persons with disabilities could feel an enormous sense of pride with what had been achieved and in creating the Sustainable Development Goals. Efforts were now underway to ensure the universal ratification of the Convention, while addressing the implementation challenges. Each cultural area could contribute in a specific and unique way to the enjoyment of those rights.

Testimonials by Civil Society on the Impact of the Convention on Persons with Disabilities

MICHAEL NJENGA, Executive Director, Users and Survivors of Psychiatry in Kenya, said that despite some positive measures undertaken in the field of employment, persons with disabilities still faced discrimination in various forms of employment. States parties were called upon to strengthen their non-discrimination frameworks and provide for reasonable accommodation in the context of employment. Persons with disabilities should have equal pay for equal work done on an equal basis with others.

BHARGAVI DAVAR, TCI Asia Transforming Communities for Inclusion Asia, said that article 5 was the foundational pillar to which transformation for all persons with disabilities could be tied to. Article 5 had expanded the frontiers of pedagogy on equality and non-discrimination. While Asian countries had made strong commitments to the rights of persons with disabilities, challenges remained regarding making a shift to really embody the paradigm towards equality and non-discrimination.

SENADA HALIĆEVIĆ, President of the European Platform of Self-Advocates, stated that in many European countries, persons with disabilities still attended special schools where they did not have the freedom to choose their own profession. Students in special schools mostly learned obsolete professions that nobody on the open labour market needed. Special schools encouraged prejudice and offered very little opportunity for personal growth and independence in future life. Inclusive education was one of the main ways to move forward.

ADOLF RATZKA, Director of Independent Living Institute, said that Article 29 enshrined the right of persons with disabilities in political and public life. Persons with disabilities, though, were facing physical, attitudinal and systematic barriers in getting organized and in running for office. Article 29 itself had not removed such obstacles, but it provided encouragement and moral support in the struggle: now there were rights and tools, which ought to be demanded by persons with disabilities.

RENAN JORGE CHUAQUI KETTLUN, Professor, Sociology Department at Valparaiso University, stated that the numbers of persons indefinitely hospitalized in psychiatric institutions had decreased, but many of those who left such homes did not receive sufficient support after being released. Some rehabilitation facilities and social clubs had been created and sheltered workshops existed, but they did not replace employment on the open market and there was no transition from one to the other.

KAPKA PANAYOTOVA, Executive Director of the Centre for Independent Living Sofia and Co-Chair European Network on Independent Living, noted that Article 9 was provided for accessibility of the built environment, public services and communications, which was of major importance for disabled people to be included in the community of their own choice. Article 21 spoke of the freedom of expression and gave persons with disabilities the rights to speak freely and on their own behalf. It also provided the right to information in an accessible and easy-to-understand format so that all could be well informed and heard.