More Protected Rights of the CRPD

Under Article 12, the Convention on the Rights of Persons with Disabilities (CRPD) recognises equal rights of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit. Among other things, the Article stipulates that States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards should ensure that measures relating to the exercise of legal capacity respect the rights, will, and preferences of the person.

On matters relating to medical and scientific experiments, the Convention prohibits the carrying out of such exercise on persons with disabilities without the consent of the participating person. Article 15 specifically demand that States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.

         

On education, Article 24 highlights the need for equal access to primary and secondary education and to vocational training. This is against the background that only two percent of children with disability in the developing world receive any education or rehabilitation, according to recent statistics from World Health Organisation (WHO). Furthermore, experience elsewhere shows that workers with disability typically receive a lower wage than others and segregation begins at an early stage with children being placed in parallel education networks.  For this reason, the CRPD urges governments to recognise the right of persons with disabilities to education and that they should ensure an inclusive education system at all levels with a view to realising the right to education without discrimination and on the basis of equal opportunity.

The Convention recommends the development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their fullest potential. In addition, the CRPD emphasises the need for enabling persons with disabilities to participate effectively in a free society, including in education endeavours. Through education children acquire the skills necessary to reach their full potential, both as individuals and citizens.

It is, therefore, against this background that a number of specific actions are called for by relevant UN standards to enhance the education of persons with disability, particularly children. For example, there is need to ensure that necessary resources are allocated to and for children with disabilities and their families. This includes free primary and secondary education in accessible buildings, training of teachers and other professionals, financial support and social security. Each child should be provided with appropriate individual support, including assistive devices, sign language, Braille materials and a differentiated and accessible curriculum.