Part II The law: International human rights law and disability
Section I Convention on the Rights of Persons with Disabilities
Ensure the full territorial coverage of the Convention
The UN CRPD makes clear that “the provisions of the present Convention shall extend to all parts of
federal States without any limitations or exceptions”.88 Big challenges and questions remain regarding
how States parties take adequate steps to ensure that federal, regional and local authorities – that may
enjoy considerable legal autonomy – comply with the UN CRPD. In States with federal structures, action
may be necessary to develop mechanisms for coordination between the NHRI and the various regional
or local monitoring bodies on matters to do with promoting, protecting and monitoring implementation
of the Convention. One thing is clear, however: a federal structure of governance does not mean that a
State can evade accountability for the performance of sub-national entities.
Listen to the voice of persons with disabilities
In keeping with the core purpose of the Convention to achieve equal rights, arguably the most important
of the general obligations is the State obligation to involve persons with disabilities in analysing their own
situation and proposing blueprints for change. This applies as much to the work of NHRIs as it does
to government. In fact, this point is made explicit in article 33(3). Even if the obligation to listen to and
respect the collective voice of people with disabilities was not set out in article 33(3), it would be required
as a direct implication of the logic of article 4(3).
3.4. SUBSTANTIVE RIGHTS IN THE UN CRPD (ARTICLES 5-30)
This section does not seek to provide a full account or analysis of all the rights protected by the
Convention. Instead, it groups them together in light of the underlying principles set out in article 3.
Dignity rights
A number of articles in the UN CRPD are principally concerned with the respectful treatment of persons
with disabilities, including:
• Right to life (article 10)
• Right to respect physical and mental integrity (article 17)
• Freedom from torture, cruel, inhuman or degrading treatment (article 15), with particular
emphasis on the rights of persons with disabilities not to be subject to non-consensual medical
or scientific experimentation
• Freedom from exploitation, violence and abuse (article 16), requiring action to prevent,
monitor and prosecute instances of violence, including gender-based violence, against persons
with disabilities and to provide support to persons with disabilities who have been the subject of
violence
• Situations of risk and humanitarian emergencies (article 11), placing emphasis on the need
for States parties to ensure measures are taken regarding the safety of persons with disabilities
in relation to “situations of risk, including situations of armed conflict, humanitarian emergencies
and the occurrence of natural disasters”
• Right to health (article 25), including equal access to sexual and reproductive health programs
and in relation to life and health insurance
• Right to an adequate standard of living and to social protection (article 28), including
assistance with respect to disability-related expenses.
88
Article 4(5).
Chapter 3: Overview of the purpose, content and structure of the Convention | 43