Human Rights and Disability A Manual for National Human Rights Institutions
and those that require ‘progressive achievement’. However, that is the price to pay for the very creative
blending of both sets of rights that seek to ensure that socio-economic supports do, in fact, provide
people with disabilities with the supports they require.
Nearly all of the rights contained in the UN CRPD have this unique blend of obligations that are of
‘immediate effect’ and those that require ‘progressive achievement’. The overarching presence of the
non-discrimination principle (article 5) does not change the normal dynamics between these two sets of
obligations. That is to say, the non-discrimination idea does not work to convert what would otherwise
be an obligation of ‘progressive achievement’ into an obligation of ‘immediate effect’. This can be a
tricky area for many including NHRIs. It requires NHRIs to identify the various elements of a particular
right that are amenable to ‘progressive achievement’, how they work to underpin the overall goal of that
relevant right, and what meaningful milestones and measures of progress can be developed.
2.6. BREAKING THE CYCLE OF EXCLUSION: CHANGING PUBLIC
ATTITUDES
It is obvious that the social attitudes and prejudices that typify traditional laws and policies on disability
go very deep. However, it is questionable whether changing bad laws in isolation is enough to sustain
change. Hearts and minds also need to change if the human rights frame on disability is to sink deep
roots and fully replace the old charity model. In turn, segregationist laws and policies also promote and
reinforce the idea that exclusion is ‘natural’. Something is needed to break this cycle, since outdated
laws that are repealed are likely to be reproduced in a different form if the underlying attitudes remain.
That is why article 8 on awareness raising was included in the UN CRPD. It requires States to take steps
to raise awareness about the rights of persons with disabilities, to combat negative or harmful stereotypes
and to promote an understanding of the capabilities and contributions of persons with disabilities. If a
human rights agenda is successful, it should lead to an increased presence of persons with disabilities
across all parts of community life and endeavour. Greater visibility of persons with disabilities should
also help shift public attitudes and counter negative stereotypes. This would be a natural by-product
of inclusion strategies. However, the Convention goes further to demand more positive and intentional
action on the part of the State to promote respect for the rights of persons with disabilities; for example,
by encouraging positive images about disability in the media.
The importance of nurturing public opinion cannot be overstated. Without it, progress for persons with
disabilities can be easily seen as them receiving ‘special treatment’. Similarly, setbacks for persons with
disabilities will not be viewed as setbacks but simply as the ‘natural’ result of constrained public resources
and the need to make economic growth and wealth creation the priority. This resulting – and seemingly
indefinite – postponement of realising human rights commitments affects many people and groups but
has devastating effects for persons with disabilities who are, in effect, told to wait a generation or two
until the local economy improves. And without nurturing public opinion, third parties – for example,
parent groups of children without disabilities – might resist inclusion in schools since they might see it as
a potential ‘drag’ on the quality of education for their children rather than the equal enjoyment of a right
by a child with a disability. That might blinker them from seeing educational inclusion as a positive for
non-disabled children in terms of learning and practicing diversity, tolerance and citizenship.
NHRIs have a particularly important role to play in how they communicate to the public about disability.
The work they do, the priorities they choose and the way they do their work all have expressive value.
NHRIs have to be particularly attentive to the way they talk about their work on disability and explain the
shift to the human rights framing of disability. They also have a vital role to play in countering negative
narratives around disability. Every gain is incremental and is always vulnerable to being undone.
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