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DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS
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2.33 Regarding the nature of the treaty, the NHRIs strongly affirmed the need for a
comprehensive and integral Convention stressing, ‘that the Convention should be a
‘rights-based’ instrument built on international human rights norms and standards’.
Defining the scope of the new Convention, the New Delhi Workshop recommended that the
Convention shall apply both to public and private institutions and spheres and the full range
of rights contained in existing international human rights instruments should be incorporated
in the Convention.
2.34 In addition to the application of existing international human rights law, the NHRIs
recommended that the Convention should contain specific articles dealing with specialized
areas and issues relating to civil, political, economic, social and cultural rights as by the
very nature of the context of disability, they require codification.
2.35 The Commission had the privilege to present a joint statement to the Second Session
of the UN Ad hoc Committee along with the recommendations of the New Delhi Workshop.
Subsequently, the Commission also contributed to the UN working group that harmonized
the draft text of the Convention. To systematically assist the work of the Ad hoc Committee,
the Commission, along with the APF members has compiled a Working Paper addressing
difficult and complex issues requiring clarification from a human rights perspective. This
paper has become an important reference document, which the Commission hopes to develop
further.
2.36 During the meetings of the UN Ad hoc Committee and the working group, the
Commission’s role has been that of a facilitator, providing technical support and also acting
as a watchdog to ensure that disability treaty builds on existing standards of human rights
and that under no circumstances attempts substandard provisions.
2.37 Under the circumstances, the amendment to the definition of International Covenants’
as provided in the Protection of Human Rights Act, 1993, which is limited to the International
Covenant on Civil and Political Rights, 1966 and the International Covenant on Economic,
Social and Cultural Rights, 1966 has become all the more important. The Commission has
proposed that the wording be expanded to include ‘and any other Covenant or Convention
which has been, or may hereafter be, adopted by the General Assembly of the United
Nations’.
CONCLUSION
2.38 No institution or nation genuinely striving to serve the cause of human rights can
ever do enough. The Commission is no exception. It is functioning in a country of over one
billion people, unparalleled pluralism and sub-continental proportions. Given the immensity
of the hopes now reposed in it and the dimensions of the problems it must confront, the
ANNUAL REPORT 2003-04