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DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS
Human Rights Institutions are able to contribute their experience to the elaboration
of the new Convention on the Rights of persons with Disabilities’, the Commission
therefore undertook a number of initiatives to mobilize support for a binding instrument
in the international law on the theme of disability.
2.29 As the Commission is of the firm view that a coherent and integrated approach to
disability in the international law cannot be developed under the present treaty system,
an exclusive convention is therefore, necessary to give “status, authority and visibility” to
disability issues which cannot be achieved through the process of reform of existing
international instruments and monitoring mechanisms. Moreover, the Commission believes
that a single comprehensive treaty would enable the State Parties to understand their
obligations in clear terms and it would set clear targets for the development of disabilityinclusive infrastructure and processes. Adding a new treaty would also complement existing
international standards for the rights of the disabled.
2.30 During the period under review, the Commission focused its interventions in some
of the key areas. The Government of India was engaged in a constructive dialogue encouraging
its active participation in the treaty elaboration process. Towards this end, a number of
meetings were convened involving representatives of the Ministries of External affairs and
Social Justice and Empowerment. These meetings proved useful in overcoming some
misgivings about disproportionate financial burden that the new treaty may bring.
2.31 The Commission also actively promoted awareness about the Convention among
disability organizations and related bodies with the aim to inform them about the international
treaty system and procedures. These dialectical consultations not only proved helpful for
the disability sector but they were extremely useful for the Commission to have a closer
view of the ground realities of persons with disabilities. Most importantly these workshops
acted as an interface between the people and the Government, which has the primary
responsibility to translate the lived realities of people with disabilities into various provisions
of the treaty.
INTERNATIONAL WORKSHOP ON CONVENTION
2.32 Responding positively to the invitation of the Ad hoc Committee to make available
suggestions and proposals to be considered in the development of a new Disability Convention,
the Commission also hosted an International Workshop in cooperation with Asia Pacific
Forum and the Office of the High Commissioner of Human Rights inviting National Human
Rights Institutions from the Commonwealth and Asia Pacific Region between 26-29 May
2003 at New Delhi. The Workshop not only crystallized a proposal regarding the nature,
scope and key elements of the proposed Convention but also identified the specific role that
NHRIs could play in the process of treaty elaboration. The concluding statement issued at
the workshop is at Annexure 1.
NATIONAL HUMAN RIGHTS COMMISSION