The Role of International Law in Disability Rights

The rights of people with disabilities are included under the umbrella of universal non-discrimination principles such as the Universal Declaration of Human Rights and the Covenant on Economic, Social and Cultural Rights, but many countries and regions of the world have failed to develop laws that reflect the principles and standards set forth in these and other covenants and agreements. Cultural and social perceptions also hinder the development and implementation of such policies, especially when it comes to the place of the disabled person in society. Existing disability-specific instruments include the United Nations Declaration on the Rights of Disabled Persons and the Standard Rules on the Equalization of Opportunities for Persons with Disabilities, but these documents are only guidelines that lack the force of law. In recent years, there has been an encouraging trend at the international, regional, and national level to develop disability laws and policies that commit governments to including people with disabilities in society and providing access to necessary services. The Organization of American States' 1999 Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities is a notable example of a supranational agreement regarding disability rights. The Americans with Disabilities Act of 1990 provides a model for national and regional efforts and has served as an inspiration for reform, particularly in Europe. The persistent lack of legally enforceable global standards, however, remains a challenge.

In December 2001, the General Assembly of the United Nations passed a resolution to establish an Ad Hoc Committee of member-states to consider a proposal for a treaty, or convention, on the rights of people with disabilities. The first meeting of that committee was held in July-August 2002. The second and third meetings were held in June 2003 and May-June 2004, respectively. Disability advocates have long viewed a United Nations Convention as an essential step in ensuring that basic human rights are fully extended to people with disabilities. Even though the process of adopting a convention will take years, there is an immediate need for disability, health, and human rights advocacy groups worldwide to monitor and promote the rights of people with disabilities and the Ad Hoc Committee process in a collaborative, systematic way.

IDRM Overview

The International Disability Rights Monitor (IDRM) documents and assesses the rights and treatment of people with disabilities internationally. The genesis of the project lies in the dearth of available data concerning the actual, every day conditions in which people with disabilities around the world live. The IDRM research network is designed to seek out, analyze, and organize information that has never before been collected on this scale. This year's report provides a baseline assessment from which to track annual changes in the level of human rights protections afforded to persons with disabilities on a country-by-country basis.

This project is the first of its kind to address issues surrounding disability but takes as its structural model the Landmine Monitor project. The IDRM, like the Landmine Monitor, is a civil-society based initiative that relies on data collected by an international network of researchers. The IDRM was conceived