all other covenants and declarations including
the UN Convention on the Rights of the Child
(UNCRC), the UN Convention on the Elimination
of Discrimination Against Women (UNCEDAW)
and the UN Declaration on the Rights of
Indigenous People (UNDRIP).
Read together, these instruments enable an
understanding of multiple and intersecting
forms of disadvantage that must be considered
when building systems of protection.
Disabled people’s leadership
The UNCRPD is a transformative convention
because it explicitly states that disabled people
must be involved in its implementation and
monitoring. The rights of autonomy, selfdetermined solutions and active participation of
disabled people are described in the preamble
to the UNCRPD: “(n) Recognising the importance
for persons with disabilities of their individual
autonomy and independence, including the
freedom to make their own choices”, and in
Article 3 (a).
UNCRPD Article 4.3 details the necessity for
state parties to “closely consult with and actively
involve” tāngata whaikaha Māori and disabled
people in the development of legislation
and policy that concerns them. For tāngata
whaikaha Māori, tino rangatiratanga is also
implicit in Articles 3, 4 and 18* of UNDRIP.
Article 4 says: “Indigenous peoples, in exercising
their right to self-determination, have the right
to autonomy or self-government in matters
relating to their internal and local affairs…”
Indigenous and gender lenses are critical
Article 16 of the UNCRPD and Article 22 of
UNDRIP both require the gender-based
nature of violence to be considered alongside
disability. As for all women, indigenous women
and disabled women are at greater risk of
violence than their indigenous or disabled male
counterparts. When disability and indigeneity
intersect with one another the respective
histories of colonisation, poverty and exclusion
compound and multiply inequalities.30
Addressing discrimination
Gender-based violence is a form of
discrimination and, when it impedes the
enjoyment of other fundamental freedoms,
violence can constitute a “breach of other
articles whether or not they specifically
mention violence”.31 This same analysis can
be applied to disability. Failure to recognise
violence directed at people because of their
disability, or to address ableist drivers of
violence, could constitute discrimination.
Ableism is a value system that considers certain
typical characteristics of body and mind as
essential for living a life of value.32 As these
two circumstances of discrimination create
a disproportionate burden of harm, about
which nothing has been done, these breaches
of human rights require an immediate, not a
progressive, response.†
* Article 3: Indigenous peoples have the right to self-determination. By virtue of that right they freely deter-mine their political
status and freely pursue their economic, social and cultural development. Article 4: Indigenous peoples, in exercising their
right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local
affairs, as well as ways and means for financing their autonomous functions. Article 18: Indigenous peoples have the right to
participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in
accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
†
20
When a country ratifies an international human rights instrument, it doesn’t have to do everything in it at once. However,
the government must have a plan to achieve full realisation of the instrument and be seen to be making progressive
improvements. This is called progressive realisation. Progressive realisation means a country must be seen to be developing
legislation, policy and practice to fully realise a particular right. CRPD/c/GC/6 General Comment No 6 (2018) on equality
and non-discrimination states (page 3, para 12 states ‘Promoting equality and tackling discrimination are cross-cutting
obligations of immediate realisation. They are not subject to progressive realisation.’ https://tbinternet.ohchr.org/_layouts/15/
treatybodyexternal/Download.aspx?symbolno=CRPD/C/GC/6&Lang=en
Human Rights Commission