...... DISABILITY - A PARADIGM SHIFT: FROM WELFARE TO HUMAN RIGHTS 11 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

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