New Era of Rights: History, Salient Features of the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol

Abstract

To address the issue of disability and rights of Persons with disabilities (PWDs), several international attempts have been made for the last four decades. A cursory look of the equality clauses of three major human rights instruments of the UN, including the “Universal Declarations of Human Rights 1948”,[1] the “International Covenant for Civil and Political Rights 1966”[2] and the “International Covenant for Economic, Social and Cultural Rights 1966”,[3] do not mention disability as one of a protected characteristic. Any mention to disability in past documents is only in respect of preventive health policy and social security than a human right subject.

[1] Universal Declaration of Human Rights, GA Res 217, UN Doc A/810 (10 December 1948) 71.

[2] International Covenant on Civil and Political Rights, GA Res 2200A (XXI), 21 UN GAOR Supp (No 16)52, UN Doc A/6316 (1966), 999 UNTS 171 (23 March 1976).

[3] International Covenant on Economic, Social and Cultural Rights, GA Res 2200A, UN GAOR, 21st Session, Supp No 16, UN Doc A/6316 (16 December 1966) 49.