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United Nations Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities


United Nations Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be finalised and adopted by the Ad Hoc Committee between 14th and 25th August 2006 and due to be adopted by the UN General Assembly in 2007. This Convention marks a historical moment as it is the first time that the needs and rights of disabled women and men across the world are being addressed in a human rights framework, breaking from the traditional medical approach to disability. It is vital therefore that the proposed specific article on Women and disabilities - article 6 - remains as a stand-alone article, to give visibility to and provisions for women who are prevented from participating in all areas of life because of the multiple exclusion of being disabled and a woman. You too can send a letter to your government to ensure that women’s rights remain central to protecting the rights and dignity of persons with disabilities.
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Model letter

 

To the attention of:

Ministers Responsible for Persons with Disabilities

Ministers Responsible for Gender Equality

 

August 2006

 

 

Dear Minister,

 

Re: UN Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities

 

I am writing to you in relation to the UN Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, which will be finalised and adopted by the Ad Hoc Committee on 25th August 2006 and due to be adopted by the UN General Assembly in 2007. I wish to draw your attention to the work of the International Disability Caucus (IDC) Women’s Caucus, of which the European Women’s Lobby (EWL) is one of the active voices working to ensure that a twin-track approach is included in the negotiations and subsequent outcome of the Convention, namely by:  a) adopting a separate article on women with disabilities (Article 6) and b) gender mainstreaming all of the articles of the Convention. 

 

First of all, I would like to welcome the language used in the Convention, in particular the use of the pronouns “she” and “he”, which sends a strong message that the Convention addresses both women and men. I would therefore like to see the term “people with disabilities” changed into “women, men, girls and boys” which would strengthen the underlying message that a historical moment is being made, especially as it is the first time that the needs and rights of disabled women and men across the world are being addressed in a human rights framework.

 

Furthermore and in order to ensure the adoption of a progressive Convention, I seek your full and committed support on the following issues:

 

Article 6: Women with disabilities

 

It is crucial to maintain this specific article. It is important to recognise that at the onset women and men are not equal partners and that specific reference to women with disabilities will guarantee the visibility of the human rights and needs of women with disabilities throughout their life cycle. It is also in recognition of the widespread gender inequalities that are socially constructed and structurally entrenched. It is more than a question of non-discrimination but one that addresses the deep seated structural barriers which prevent all women from fully participating in all aspects of life and these barriers are more prevalent for women with disabilities who face multiple forms of exclusion from all areas of life. It is also vital to recognise the diversity of women’s lives and experiences, and I believe that a separate article 6 on women with disabilities would help to achieve this.

 

Article 16: Freedom from exploitation, violence and abuse

 

I welcome references throughout this article to the gender based aspects of violence, abuse and all forms of exploitation inside and outside the home. However, there is ample evidence that bears witness to the fact that women are the primary victims of all forms of violence, exploitation and abuse at the hands of male perpetrators and, according to UN sources, women with disabilities are twice as likely to be the victims of gender-based violence.  I would therefore stronger recognition of this in the text of the Convention.

 

Article 23: Respect for home and the family

 

This article relates to eliminating discrimination (including in law) with reference to marriage, family and personal relations. However, sub article 1 (a) referring to sexual, intimate relationships and parenthood, contains the wording [experience their sexuality] between brackets. It is crucial that women with disabilities are guaranteed their sexual and reproductive rights. Of all the violations of human rights experienced by women with disabilities, the area of sexual and reproductive rights has been the most severe, notably by the practice of forced abortion and forced sterilisation.

 

The EU’s firm commitment to sexual and reproductive rights has been confirmed in the past, notably in the Declaration following the EU Ministers of Gender Equality conference on Beijing +10 on 4 February 2005 in Luxembourg, which states:

 

“We the Ministers …Emphasise that gender equality can not be achieved without guaranteeing women’s sexual and reproductive health and rights, and reaffirm that expanding access to sexual and reproductive health information and health services are essential for achieving the Beijing Platform for Action, the Cairo Programme of Action and the Millennium Development Goals“

 

Therefore, I strongly propose that the following wording be added to the text of the Convention: “State parties shall ensure the equal rights of women with disabilities to exercise freely and without any form of coercion their sexual and reproductive rights on an equal basis with all women.”

 

Other articles of the Convention, in particular Article 24 on Education, Article 25 on Health, Article 28 on Adequate standards of living and social protection, Article 27 Work and employment and Article 31 on Statistics and data collection, all need to be further strengthened to include measures for women.

 

I trust that you will give your utmost attention to and support for a Convention that encompasses the human rights and dignity of women, girls, boys and men with disabilities and that the issues I raise will be taken into consideration at the final meeting to adopt the Convention next month. 

 

Yours sincerely, 

 

(Signature)

c.c. European Women’s Lobby:

ewl@womenlobby.org





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