A/HRC/16/38
5.
There are several elements of the approach of the Convention to international
cooperation which it is relevant to highlight for a clearer understanding of the nature and
scope of international cooperation under the Convention. First, the importance of
international cooperation and its promotion is recognized in the context of its support of
national efforts for implementing the Convention and international cooperation is to be
directed towards “the realization of the purpose and objectives of the present Convention”6.
The purposes and objectives of the Convention are “to promote, protect and ensure the full
and equal enjoyment of all human rights and fundamental freedoms by all persons with
disabilities, and to promote respect for their inherent dignity”7. This suggests that
international cooperation goes beyond the traditional focus on economic, social and cultural
rights under previous instruments and includes cooperation in the field of all rights
including civil and political rights.
6.
Second, the Convention identifies with greater clarity than other human rights
instruments the main actors involved in international cooperation by stipulating that “States
parties …. will undertake appropriate and effective measures [of international cooperation]
between and among States and, as appropriate, in partnership with relevant international
and regional organizations and civil society, in particular organizations of persons with
disabilities”8. The article refers initially to State-to-State cooperation which, according to
the Preamble, should, in particular, benefit persons with disabilities in developing countries.
International cooperation in article 32 is not limited to cooperation between developed and
developing countries and could include not only north-south, but also north-north and
south-south cooperation. While recognition of the importance of international cooperation
has legal ramifications for States Parties to the Convention, the article refers to cooperation
“among States” and so does not only refer to international cooperation between States
parties but includes States more broadly.
7.
Further, international cooperation goes beyond States and includes other actors such
as international, regional and civil society organizations. Consequently, international
cooperation might be through or in cooperation with international and regional
organizations such as the United Nations, the Organization of American States, the African
Union or the Council of Europe inter alia or indeed with civil society organizations. The
reference to civil society organizations, and in particular organizations of persons with
disabilities, recalls the underlying principles of the Convention such as full and effective
participation and inclusion9 as well as the motto of civil society organizations during the
drafting of the CPRD: “nothing about us without us”.
8.
Third, unlike other human rights instruments, the Convention sets out the four
overlapping modalities most relevant to international cooperation to support the realization
of disability rights, namely10 :
(a)
Inclusive and accessible international cooperation, including international
development programmes, inclusive of and accessible to persons with disabilities;
(b)
Capacity-building, including sharing and exchange of information,
experience, training programmes and best practices;
(c)
Cooperation in research and access to scientific and technical knowledge;
and,
6
7
8
9
10
4
Ibid., art. 32(1).
Ibid, art. 1
Convention on the Rights of Persons with Disabilities, art. 32(1).
Ibid., art. 3.
Ibid., art. 32(1)(a) - (d).
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