Магистр права Шевко Н.М.

Аспирантка Белорусского государственного университета, Беларусь

The United Nations Organization role in development the concept of disabled persons.

During the long period of time the rights of disabled persons are the subject of close attention of the United Nations Organization (hereinafter − the UN), which has made a significant contribution in development the concept of disabled persons’ rights. Initially the UN activity in this field was connected with the international protection of human rights as a whole, including disabled persons. For the reason that «all human rights and fundamental freedoms have the universal character and thereby extend to disabled persons» [1].

The first UN attempts in development the concept of disability which would include special international legal acts have been adopted already in the 40-ies and 50-ies of the ХХ-th century. During its 6^th session in 1950 the UN Economic and Social Council has examined two reports in relation to disabled persons: «Social rehabilitation of physically handicapped persons» and «Social rehabilitation of blind persons» [2]. The report provisions concerned international standards in the field of education, treatment, rehabilitation, employment only for these categories of disabled persons. At the end of the 60-ies the concept of disability had a new character which was expressed in the close connection between restrictions which disabled persons experienced, structure and character of their surroundings and attitude of the society. Thus, Article 11 of the Declaration of social progress and development 1969 proclaims the protection of rights and provision of wellbeing of disabled persons, as well as provision of protection of peoples suffering physically and mentally [3].

In the 70-ies the concept of disability began to have the explicit internationally recognized character. It was connected with the adoption of two Declarations which were the basis for protection of disabled persons’ rights at that time. In 1971 the UN General Assembly adopted the Declaration of rights of mentally retarded persons (resolution of UN General Assembly 28/56 (XXVI) dtd. December 20, 1971), and in 1975 – Declaration on the Rights of Disabled Persons (resolution of UN General Assembly 3447 (XXХ) dtd. December 9, 1975). For the first time in the international law within the frames of both Declarations the principle was consolidated according to which disabled persons realize the same rights as other persons [4]. Moreover, the Declaration on the Rights of Disabled Persons 1975 contains the first determination of «a disabled person» [4, it 1] and secures for disabled persons a number of civil, political, economic and social rights equally with other persons. Provisions of these Declarations made the states pay a special attention to the problem of protection of disabled persons’ rights and necessity to integrate in different spheres of life.

The further adoption of special international legal acts to improve the status of disabled persons was realized within the period from 1981 till 1982. I was a time of International year of disabled persons, held under the words «Full participation and equality» [5]. Its main result was the adoption of the World program of actions concerning disabled persons (hereinafter − Program) [6]. It became the first attempt undertaken on the international level to look at disability problem from such views as: from the point of view of development and from the point of view of protection of human rights. The program consolidated three main conceptions: warning of disability, restoration of working ability and equal-right participation of disabled persons in social life and development [6, it. А. 1]. In general, this international contract is a long-term international plan directed to activate international community in the field of protection of disabled persons’ rights.

In 1982 UN General Assembly proclaimed the tenth anniversary of disabled persons (1983-1992). By the results of the tenth anniversary in 1993 Standard rules of providing equal opportunities for disabled persons were developed (hereinafter − Rules) [8]. The purpose of these Rules consists in providing such provision at which disabled persons would have equal rights and bear equal duties, as also other persons [8, it. 15]. 22 Rules cover all aspects of life of disabled persons and consolidate the principles for their realization, responsibility and provision of cooperation [8, it. 14].

The modern concept of protection of disabled persons’ rights is presented in the Convention of persons with disabilities 2006 (hereinafter − Convention) [9] and its Optional protocol 2006 [10]. The Convention is the first comprehensive treaty in the field of human rights of the XXI-st century. The purpose of this international treaty is «to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. [9, Art. 1]. The Convention proclaims such basic principles as: respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities [9, art. 3]. Under the Convention «persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others [9, art. 1]. The Convention provides establishment of the Committee on the Rights of Persons with Disabilities (hereinafter – Committee) [9, art. 34]. One of the Committee competence is to submit State Party comprehensive reports on measures taken to give effect to its obligations under the Convention and on the progress made in that regard [9, art. 35]. Under the Optional protocol to the Convention the competence of the Committee is «to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention [10, art. 1].

Thus, the modern concept of disabled persons’ rights is based on the fact that disabled persons are rightful persons of law. The main principles of this conception are as follows: non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity; accessibility; equality between men and women; respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. At present the Convention of persons with disabilities 2006 is the main legal instrument directed to protection of disabled persons’ rights, which provide the mechanism of control of compliance with main principles and provisions in the field of protection of disabled persons’ rights.

Reference:

1. Vienna Declaration and program of action: A/CONF.157/23, 12 Jul. 1993 // United Nations [Electronic resource]. − 2011. − Mode of access: http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.conf.157.23.en. – Date of access: 20.10.2011.

2. Quinn, G. Human Rights and Disability. The current use and future potential of United Nations human rights instruments in the context of disability / G. Quinn, T. Degener. − United Nations: New York and Geneva, 2002. – P 29-30.

3. Declaration of social progress and development of 1969 // United Nations Organization [Electronic resource]. − 2011. – Access mode: http://www.un.org/ru/documents/decl_conv/declarations/socdev.shtml. – Date of access: 20.10.2011.

4. Declaration of rights of mentally retarded persons of 1971 // United Nations Organization [Electronic resource]. − 2011. – Access mode: http://www.un.org/ru/documents/decl_conv/declarations/retarded.shtml. − Date of access: 20.10.2011. – it.1.

5. Resolution of UN General Assembly: rep. 31/123, Dec. 16, 1976 // United Nations Organization [Electronic resource]. − 2011. – Access mode: http://www.un.org/ru/ga/documents/gares.shtml. − Date of access: 21.10.2011. – it.1.

6. World program of actions concerning persons with disabilities 1982 // United Nations Organization [Electronic resource]. − 1999. – Access mode: http://www.un.org/ru/documents/decl_conv/conventions/prog1.shtml. − Date of access: 21.10.2011. – it.1.

8. Standard rules of providing equal opportunities for disabled persons // United Nations Organization [Electronic resource].− 1999. – Access mode: http://www.un.org/ru/documents/decl_conv/conventions/disabled_intro.shtml#a4. – Date of access: 23.10.2011.

9. Convention of persons with disabilities 2006 // United Nations Organization [Electronic resource]. − 2006. – Access mode: http://www.un.org/ru/documents/decl_conv/conventions/disability.shtml. − Date of access: 23.10.2011.

10. Optional protocol to the Convention of persons with disabilities 2006 // United Nations Organization [Electronic resource].− 2006. – Access mode: http://www.un.org/ru/documents/decl_conv/conventions/disability.shtml. − Date of access: 23.10.2011.