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Key concepts in international human rights law
PHILLIP FRENCH
D I R EC TO R
A U S T R A L I A N C E N T R E F O R D I S A B I L I T Y L AW
2012
Session overview
Intersection of Article 6: Women with Disabilities with Article 10: Right to Life
Article 10: Right to Life: State Parties affirm that
every human being has the inherent right to life
& shall take all necessary measures to ensure its
effective enjoyment by persons with disability on
an equal basis with others
Measures (examples)
Article 6: Women with Disabilities: (1) State •Breast screening equipment is accessible for
Parties recognise that women & girls with women with disability who use mobility devices
disabilities are subject to multiple discrimination, • Women with intellectual disability are
& in this regard shall take measures to ensure supported to participate in regular cervical
the full & equal enjoyment by them of all human screening on the same basis as other women
rights & fundamental freedoms. (2) ... •Emergency accommodation services for women
escaping domestic violence are accessible to all
women with disability
CRPD – Underlying policy & major themes - 1
Underlying policy –
Preamble
Article 1: Purpose
Article 3: General principles
Positioning –
persons with disability as human right-bearers
Disability concerns as human rights challenges
Social model
Disability results from persons with impairment attempting to interact with
a barrier-filled environment
Action implication – dismantle barriers to full enjoyment of human rights
State obligations almost exclusively focused on the removal of barriers.
CRPD Underlying policy & major themes - 2
Levels of obligation
Recognition of the treaty – must enact laws & develop policies &
programmes to give effect to CRPD rights
Respect treaty rights – state parties must refrain from action that
arbitrarily interferes with CRPD rights
Protect treat rights - state parties must prevent non-state actors
from arbitrarily interfering with CRPD rights
Fulfil treaty rights – state parties must take positive action to ensure
that treaty rights are realised in fact
CRPD cross-cutting obligations - 3
Civil rights:
Article 10: Right to life
Article 11: Situations of risk & humanitarian emergencies
Article 12: Equal recognition before the law
Article 13: Access to justice
Article 14: Liberty & security of the person
Article 15: Freedom from torture, or cruel, inhuman or degrading treatment or
punishment
Article 16: Freedom from exploitation, violence & abuse
Article 17: Protecting the integrity of the person
Article 18: Liberty of movement & nationality
Article 19: Living independently & being included in the community
Article 20: Personal mobility
Article 22: Respect for privacy
Article 23 Respect for the home & family
The specific obligations - 3
Political rights:
Article 21: Freedom of expression & opinion & access to information
Article 29: Participation in political & public life
Economic rights:
Article 27: Work & employment
Article 28: Adequate standard of living & social protection
Social rights:
Article 24: Right to education
Article 25: Right to health
Article 26: Right to habilitation & rehabilitation
Cultural rights:
Article 30: Participation in cultural life, recreation, leisure & sport