An overview of the CRPD

From the principles upon which the CRPD is anchored to, it appears the CRPD is capable of addressing the exclusion and discrimination of disabled people. These principles are: non-discrimination; full and effective participation and inclusion in society; respect for human differences, acceptance of disabled people as part of human diversity and humanity; equality of opportunity and accessibility.69 Gauging these principles based on the respective meanings of equality and non- discrimination discussed in chapter two, it can be stated that, they provide a broad spectrum of interpretations to remove any kind of exclusion and discrimination on grounds of disability. For example, non-discrimination has

68

CRPD Art 1. 69_{CRPD Art 3.}

been interpreted to entail removing both direct and indirect discrimination. Full and effective participation and inclusion entails removing all kinds of institutional and systemic discrimination. Respect of human difference means all needs of every category of impairment should be taken care in the inclusion process. Equality of opportunity entails measures that can deliver both equality of results and formal equality approaches to non-discrimination.70 Accessibility calls upon duty bearers to look at those factors that inhibit participation and general access by disabled people in society. Therefore, the CRPD requires as a matter of principle, taking appropriate measures to equalise opportunities for disabled people to effectively participate in society.

The appropriate measures inferred by the CRPD principles is no way is the CRPD advocating for new rights for disabled people that never existed in the earlier conventions.71 Through these measures CRPD instead tailors the relevant norms from existing Conventions so as to be relevant to disability.72 In that way, the CRPD is viewed as a hybrid convention containing all the relevant substantive rights contained in the UN Bill of Rights, and animated by the non- discrimination/equal opportunity philosophy.73 The hybrid nature of the CRPD is explicit in the listing of the fundamental rights prescribed by the International Bill of Rights, alongside the rights in the CRPD. These rights are: a right to equality and non-discrimination,74 right to life,75 equal recognition before the

70

See discussion in chapter two. 71

UN Documents, 'From Exclusion to Equality. Realising Rights for Persons with Disabilities. Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol'

http://www.un.org/disabilities/documents/toolaction/ipuhb.pdfp.5accessed on 22nd November 2008.

72_Ibid.

73 _{G Quinn, ‗A Short Guide to the United Nations Convention on the Rights of Persons with} Disabilities‘ in G Quinn and L Waddington (eds), European YearBook of Disability Law (Volume 1Intersentia 2009) 99.

74

CRPD Art 5, UDHR Arts 2 and 7, ICCPR Art 26. 75 _{CRPD Art 10, UDHR Art 3, ICCPR Art 6.}

law and legal capacity,76 liberty and security,77 freedom from torture,78 freedom from exploitation, violence and abuse,79 right to respect physical and mental integrity,80 freedom of movement and nationality,81 right to live in the community,82 freedom of expression and opinion,83 respect for privacy,84 respect for home and family,85 right to education,86right to work,87 right to health,88 right to adequate standard of living,89 right to participate in political and public life,90 and right to participate in cultural life.91

Therefore, how the CRPD has prescribed the realisation of rights of disabled people is very likely to clarify the interrelatedness of the two sets of rights: economic, social and cultural rights and the civil and political rights in relation in bringing the equalisation of opportunities for disabled people. In context of disability, the realisation of both sets of rights needs immediate attention.92 According to the principles, the CRPD is constructed to realise that. In fact, the

76 _{CRPD Art 12, UDHR Art 6, ICCPR Art 16.} 77

CRPD Art 14, UDHR Art 3, ICCPR Art 9. 78

CRPD Art 15, UDHR Art 5, ICCPR Art 7. 79

CRPD Art 16, UDHR Art 5.

80 _{CRPD Art 17, UDHR Art, ICCPR Art, ICESCR Art 12.} 81 _{CRPD Art 18, UDHR Art 15, ICCPR Art 12.}

82 _{CRPD Art 19, UDHR Art, ICCPR Art 12.} 83 _{CRPD Art 21, UDHR Art 19, ICCPR Art 18.} 84 _{CRPD Art 22, UDHR Art 12, ICCPR Art 17.} 85

CRPD Art 23, UDHR Art 16, ICCPR Art 23. 86

CRPD Art 24, UDHR Art 26, ICESCR Art 13 &14. 87

CRPD Art 27, UDHR Art 23, ICESCR Art 6&7. 88 _{CRPD Art 26, UDHR Art 25(1), ICESCR Art12.} 89 _{CRPD Art 28, UDHR Art 25, ICCPR Art 1.} 90 _{CRPD Art 29, UDHR Art 21, ICCPR Art 25.} 91 _{CRPD Art 30, UDHR Art 27, ICESCR Art 15.}

92 _{For example, the active participation of the deaf people in politics may require services of a} sign language interpreter; while those with mobility problems may require provision of wheelchairs or crutches and removal of physical barriers. That requires States to urgently develop relevant programmes in order to meet those requirements. Such programmes are viewed to be falling within the remits of the economic, social and cultural rights.

CRPD is constructed to be both a development and human rights instrument; a policy instrument which is cross-disability and cross-sector.93 From that perspective it is hoped that the CRPD will entrench disability rights in both international and domestic laws and thereby remove exclusion and discrimination of disabled people in higher education.