A/HRC/28/58
work of the Special Rapporteur. The Convention has had an overwhelmingly positive
reception; since 2006, it has been ratified or acceded to by 150 States and the European
Union, and the Special Rapporteur has joined other stakeholders in a call for universal
ratification. This demonstrates an acceptance by the global community of the Convention as
a universal standard and a collectively agreed benchmark against which progress is to be
measured.
17.
Owing to the participatory nature of the negotiations on the Convention on the
Rights of Persons with Disabilities, it can be argued that the Convention enjoys ipso facto a
certain level of unprecedented legitimacy, accorded to it not only by a large number of
States but also by the rights-holders themselves. Persons with disabilities and their
representative organizations were not merely consulted in the drafting process; their
expertise was recognized and valued, and they became part and parcel of the negotiating
process. This had a direct impact on the text of the Convention, where participation and
inclusion are present throughout, including as a general principle (art. 3), a general
obligation of States parties in relation to any decision-making process (art. 4) and a specific
obligation in relation to developing a national implementation and monitoring framework
(art. 33). The Special Rapporteur attaches great importance to such an outstanding
participatory approach and wishes to maintain and reinforce it in her work.
18.
As highlighted in the outcome document of the high-level meeting of the General
Assembly on the realization of the Millennium Development Goals and other
internationally agreed development goals for persons with disabilities: the way forward, a
disability-inclusive development agenda towards 2015 and beyond,13 the Convention on the
Rights of Persons with Disabilities has the unique strength of being a human rights
instrument with a development perspective, equally protecting the rights of all persons with
disabilities in all parts of the world. The Special Rapporteur sees this dual approach as a
concrete result of how the disability work within the United Nations has been built up, with
strong participation from stakeholders from the global South, and as a tool for promoting
sustainable development, based on the standards, norms and principles of human rights, and
inclusive of and accessible to persons with disabilities. The mandate of the Special
Rapporteur embodies the added value of working towards sustainable development from a
human rights-based approach, as described in Human Rights Council resolution 26/20. In
this spirit, the Special Rapporteur wishes to capitalize on both the human rights and the
development agendas, to address the real challenges that persons with disabilities face in
their everyday lives, in which the two cannot be separated: in situations of extreme poverty
and exclusion, deprived of their most basic rights and too often with a precarious standard
of life.
2.
Overarching considerations of the mandate
19.
The Special Rapporteur will be guided by the following overarching considerations
in all aspects of her work:
(a)
Participation. In the spirit of the Convention and the nature of the disability
movement, the Special Rapporteur aims to carry out her work in a participatory,
consultative and open manner, and actively involve persons with disabilities and their
representative organizations in her work.
(b)
Inclusiveness. The Special Rapporteur will work in an inclusive manner,
aiming to ensure that the needs and concerns of persons with all different kinds of
impairment are taken into equal consideration and that her work is age-sensitive, paying
13
8
General Assembly resolution 68/3.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents