Convention on the Rights of Persons with Disabilities
The purpose of the Convention on the Rights of Persons with Disabilities (CRPD) is to protect, promote and ensure the full and equal enjoyment of all human rights and freedoms by all persons with disabilities. The Convention defines persons with disabilities as those with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may obstruct their full and effective participation and engagement in society on an equal basis with others. Moreover, the Convention makes specific references to women with disabilities and children with disabilities.
The Convention consists of a total of 50 Articles. Articles 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 are substantive provisions, whereas Articles Arts. 4, 5, 31, 33, 33 and 43 are the implementing provisions and Articles 4(4) and 4(5) are derogation provisions.
| ARTICLE | CONTENT |
| Article 1 | Purpose of Convention (promoting, protecting and ensuring enjoyment of all rights and freedoms by persons with disabilities) |
| Article 2 | Definitions of key terms (including communication, language, discrimination on the basis of disability, reasonable accommodation and universal design) |
| Article 3 | General principles (respect for dignity, non-discrimination, participation and inclusion, respect for difference, equality of opportunity, accessibility, equality between men and women, respect for children) |
| Article 4 | General obligations (to take all measures to promote full realization of all human rights and fundamental freedoms for persons with disabilities; obligation of non-discrimination) |
| Article 5 | Equality and non-discrimination |
| Article 6 | Women with disabilities |
| Article 7 | Children with disabilities |
| Article 8 | Awareness-raising |
| Article 9 | Accessibility |
| Article 10 | Right to life |
| Article 11 | Situations of risk and humanitarian emergencies |
| Article 12 | Equal recognition before the law |
| Article 13 | Access to justice |
| Article 14 | Liberty and security of person |
| Article 15 | Freedom from torture or cruel, inhuman or degrading treatment or punishment |
| Article 16 | Freedom from exploitation, violence and abuse |
| Article 17 | Protecting the integrity of the person |
| Article 18 | Liberty of movement and nationality |
| Article 19 | Living independently and being included in the community |
| Article 20 | Personal mobility |
| Article 21 | Freedom of expression and opinion, and access to information |
| Article 22 | Respect for privacy |
| Article 23 | Respect for home and the family |
| Article 24 | Education |
| Article 25 | Health |
| Article 26 | Habilitation and rehabilitation |
| Article 27 | Work and employment |
| Article 28 | Adequate standard of living |
| Article 29 | Participation in political and social life |
| Article 30 | Participation in cultural life, recreation, leisure and sports |
| Article 31 | Statistics and data collection |
| Article 32-50 | Responsibility of States Parties with regard to reports and how to effectively implement and monitor the Convention. |
| Figure 2.11 – Summary of the CRPD
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In order to monitor state parties’ implementation of the CRPD, the Convention created the Committee on the Rights of Persons with Disabilities.
Regarding individual communications procedures, the Committee on the Rights of Persons with Disabilities may, under certain conditions, receive and consider individual complaints alleging violations of the rights enlisted within the Convention. Pakistan, however, has not recognized the competence of the Committee to do so. States Parties to the Optional Protocol to the Convention recognize the competence of the Committee to receive and consider individual communications. While Pakistan has not recognized the competence of the CRPD Committee to receive and consider individual communications, it has established a domestic helpline service for complaints regarding human rights violations.
To understand the domestic status of rights guaranteed by the CRPD, the following legislative instruments are relevant:
- Articles 25 & 27 of the Constitution of Pakistan
- Punjab Disabled Persons (Employment and Rehabilitation) (Amendment) Act 2015
- Disabled Persons Employment and Rehabilitation (Amendment) Act 2012
- Mental Health Ordinance 2001
- Special Citizens (Right to Concessions in Movement) Act 2009 (no evidence of this as anything other than a bill)
- Special Citizens Act 2008 (no evidence of this as anything other than a bill)
- Disabled Persons (Employment and Rehabilitation) Ordinance 1981
The various Federal and Provincial human rights departments discussed previously in this Section are responsible for enforcing these rights.