A/HRC/31/62
36.
Representative organizations of persons with disabilities are non-governmental
membership-based organizations created with the aim of collectively acting, expressing,
promoting, pursuing and/or defending a field of common interest. Led and controlled by
persons with disabilities, these organizations should be recognized by the sector that they
aim to represent, and may use different strategies to promote their goals, including
advocacy, awareness-raising, service delivery and peer support. They can operate as
individual organizations, coalitions, or umbrella organizations of persons with disabilities
that seek to provide a coordinated voice of the disability movement in its interaction with
public authorities. Organizations of parents of children with disabilities are key to
facilitating, promoting and securing the autonomy and active participation of their children,
with the will and preferences of the child always being respected and their evolving
capacities always being taken into account.
37.
The Convention on the Rights of Persons with Disabilities has accelerated the
process of establishing organizations of self-advocates with intellectual disabilities, of
autistic persons and of other individuals who may need extensive support to express their
positions. Organizations of parents and relatives of persons requiring support have often
played a role in providing such support and one can find organizations that include parents
as well as self-advocates. The role of parents in such organizations should increasingly
move towards the provision of support, with self-advocates in full control.
38.
It is important to distinguish between organizations “of” persons with disabilities,
which are led by persons with disabilities, and organizations “for” persons with disabilities,
which are usually non-profit organizations that provide services to persons with disabilities
and often also advocate on their behalf. This advocacy role needs to be carefully assessed,
as it can easily happen that advocates seek to ensure the continuity of services, regardless of
whether or not they are human rights-based or the preferred options of persons with
disabilities. The failure of States to acknowledge the distinction between organizations “of”
and “for” persons with disabilities lies at the heart of historical tensions between the two
types of organization, such as those around legitimacy, choice and control, and the
allocation of resources. In their pursuit of genuine participation by persons with disabilities
in decision-making processes, States need to ensure that the will and preferences of persons
with disabilities themselves are given priority.
2.
Promoting the creation of organizations of persons with disabilities
39.
States must create an enabling environment for the establishment and functioning of
representative organizations of persons with disabilities as part of their obligations to
uphold the right of freedom of association.26 The Convention on the Rights of Persons with
Disabilities requires that States promote the establishment of organizations of persons with
disabilities to represent the latter at the international, national, regional and local levels
(art. 29). Accordingly, States should adopt a policy framework that facilitates their
establishment and sustained functioning,27 which should include a review of the existing
legislation, the provision of financial and other support, and the establishment of a formal
26
27
See the International Covenant on Civil and Political Rights (art. 22), the International Covenant on
Economic, Social and Cultural Rights (art. 8) and the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms.
See www.icnl.org/programs/mena/afan/
Docs/Models%20to%20Promote%20Cooperation%20English.pdf.
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