A/HRC/16/38
I.
Introduction
1.
In its resolution 13/11, the Council requested the Office of the High Commissioner
for Human Rights (OHCHR) “to prepare a study to enhance awareness of the role played
by international cooperation in support of national efforts for the realization of the purpose
and objectives of the Convention, in consultation with relevant stakeholders, including
States, regional organizations, including regional integration organizations, the Special
Rapporteur on Disability of the Commission for Social Development, civil society
organizations, including persons with disabilities, and national human rights institutions”.
2.
As a first step in implementing the mandate, OHCHR sent a note verbale to States
and a letter to national human rights institutions, civil society organizations, United Nations
agencies and to the Special Rapporteur on Disability, seeking contributions to the study.
As a result, OHCHR received 43 responses from States, eight from inter-governmental
organizations and regional organizations, 15 from national human rights institutions, 11
from civil society organizations, a contribution from the Global Partnership for Disability
and Development, and a submission from the Special Rapporteur on Disability. Annex 1
sets out a full list of respondents and all submissions are available on the OHCHR website1
II.
International cooperation and the Convention on the Rights
of Persons with Disabilities
3.
International cooperation is an important element in realizing the full enjoyment of
human rights. United Nations Member States under the Charter have committed to achieve
international cooperation to promote and encourage respect for human rights2 and treaties
such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and
the Convention on the Rights of the Child oblige States parties to those instruments to take
steps, using the maximum available resources, individually and through international
cooperation to realize economic, social and cultural rights3 .
4.
The Convention on the Rights of Persons with Disabilities also recognizes that
international cooperation has a role in promoting, protecting and ensuring the rights of
persons with disabilities. The preamble refers to the “importance of international
cooperation for improving the living conditions of persons with disabilities in every
country, particularly in developing countries”. In its operative paragraphs, the Convention
stipulates with regard to economic, social and cultural rights that “each State Party
undertakes to take measures to the maximum of its available resources and, where needed,
within the framework of international cooperation, with a view to achieving progressively
the full realization of these rights, without prejudice to those obligations contained in the
present Convention that are immediately applicable according to international law”4.
Article 32 of the Convention goes further and includes a stand-alone article on international
cooperation, underlining the importance of international cooperation and development to
the full realization of the rights of persons with disabilities5.
1
2
3
4
5
See www2.ohchr.org/english/issues/disability/submissions_study.htm.
United Nations Charter, arts. 1, para.3, 55 and 56.
International Covenant on Economic, Social and Cultural Rights, art. 2(1); Convention on the Rights
of the Child, arts. 4 and 23(4).
Convention on the Rights of Persons with Disabilities, art. 4(2).
Ibid, art. 32.
3
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