Article 28 of the UN Convention on the Rights of Persons with Disabilities. Convention on the Rights of Persons with Disabilities. Brief summary of the main provisions. Respect for home and family

Moscow Academy of Economics and Law

Law Institute

Course work

Discipline: “International Law”

On the topic of:

“UN Convention on the Rights of Persons with Disabilities, 2006”

Completed by: 3rd year student

Groups yubsh-1-11grzg

Lukyanenko V.A.

Checked by: Batyr V.A.

Moscow 2013

Introduction

1. Understanding disability as a human rights issue

Principles of the Convention

Convention on the Rights of Persons with Disabilities

The modern situation of "man with disabilities" abroad

Russia ratified the UN Convention on the Rights of Persons with Disabilities

6. The current situation of “persons with disabilities” in Russia

Conclusion

Introduction

Disability is one of the components of human existence. Almost everyone may experience temporary or permanent impairments during their lifetime, and those who live to older ages may experience greater difficulty functioning. Disability is not only a problem of the individual, but also of the state and society as a whole. This category of citizens urgently needs not only social protection, but also an understanding of their problems on the part of the people around them, which will be expressed not in elementary pity, but in human sympathy and equal treatment of them as fellow citizens.

The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the United Nations in 2006, is to “promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and to promote respect for their inherent dignity.” The Convention reflects a major shift in global understanding of disability and responses to it.

1. Understanding disability as a human rights issue

It is estimated that over 650 million people (10% of the world's population) are disabled. 80% live in developing countries. The vast majority of them face problems of discrimination, exclusion, exclusion and even abuse. Many people with disabilities live in extreme poverty, in institutions, lack educational or employment opportunities, and face a range of other factors of marginalization. The entry into force of the Convention on the Rights of Persons with Disabilities and its Optional Protocol in May 2008 marks the beginning new era to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms, and to promote respect for their inherent dignity (Article 1). The development of this Convention reflects a fundamental shift in the approach to disability and persons with disabilities.

Attention is no longer focused on what is wrong with the person. Instead, disability is recognized as a consequence of the individual's interaction with an environment that does not take into account the individual's characteristics and limits or blocks the individual's participation in society. This approach is called the social model of disability. The Convention on the Rights of Persons with Disabilities supports this model and takes it forward by explicitly recognizing disability as a human rights issue.

For example, instead of asking: What's wrong with people with disabilities?

One must ask: What is wrong with society? What social, economic, political and or environmental conditions need to change to facilitate the full enjoyment of all rights by all persons with disabilities? For example, instead of asking: Is it difficult for you to understand people because you are deaf? You should ask yourself: Do you find it difficult to understand people because they are unable to communicate with you? From this perspective, it is necessary to ensure that the social, legal, economic, political and environmental conditions that create barriers to the full enjoyment of rights by all persons with disabilities must be identified and addressed. Viewing disability through the lens of human rights implies an evolution in the thinking and behavior of states and all sectors of society.

A rights-based approach seeks to find opportunities to respect, support and honor the diversity of people by creating conditions that allow for the meaningful participation of a wide range of people, including persons with disabilities. Protecting and promoting their rights is not limited to providing special disability-related services. These involve taking action to change attitudes and behavior associated with the stigmatization and marginalization of persons with disabilities. They also include the adoption of policies, laws and programs that remove barriers and guarantee the implementation of civil, cultural, economic, political and social rights disabled people. To truly realize rights, policies, laws, and programs that limit rights must be replaced. To change the existing order in society and dismantle barriers that prevent people with disabilities from fully participating in society, programs, awareness-raising events and social support are needed. In addition, people with disabilities must be provided with opportunities to participate fully in society and with adequate means to claim their rights.

The Convention on the Rights of Persons with Disabilities marks the end of a long struggle by people with disabilities and their representative organizations for full recognition of disability as a human rights issue, which began back in 1981 with the International Year of Persons with Disabilities. Adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities by the United Nations General Assembly in 1993. Other important milestones were general recommendation No. 18 (1991) on women with disabilities, adopted by the Committee on the Elimination of Discrimination against Women. General Comment No. 5 (1994) on persons with disabilities adopted by the Committee on Economic, Social and Cultural Rights, as well as the adoption of regional treaties such as the Inter-American Convention on the Elimination of All Discrimination on the Basis of Disability (1999) .

2. Principles of the Convention

Article 3 of the Convention defines a set of fundamental and fundamental principles. They provide guidance for the interpretation and implementation of the entire Convention, covering all issues. They are the reference point for understanding and interpreting the rights of persons with disabilities.

What do these principles mean? Inherent human dignity means the value of every human person. When the dignity of people with disabilities is respected, their experiences and opinions are valued and informed without fear of physical, psychological or emotional harm. There is no respect for human dignity when, for example, an employer forces blind workers to wear protective clothing with the inscription blind on the back. Personal autonomy means the ability to control one's own life and have the freedom to make one's own choices. Respect for the personal autonomy of people with disabilities means that people with disabilities have the same opportunities as others to make reasonable choices in their lives, are subject to minimal interference in their privacy and can make their own decisions with appropriate support where it is needed. This principle runs like a thread throughout the Convention and serves as the basis for many of the freedoms it expressly recognizes.

The principle of non-discrimination means that all rights are guaranteed to every person, without any distinction, exclusion or limitation on account of disability or race, colour, sex, language, religion, political or other opinion, national or social origin , property status, birth, age or any other circumstance. Reasonable Accommodation means making, where necessary in a particular case, necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, in order to ensure that persons with disabilities enjoy or enjoy on an equal basis with others all human rights and fundamental freedoms (Article 2).

Equality means creating conditions in society to respect differences and eliminate favorable conditions and ensuring that all women, men, children, participate fully in society on equal terms. Full inclusion in society means that people with disabilities are recognized and valued as equal participants. Their needs are understood as an integral part of the socio-economic order, rather than being seen as special .

Full inclusion requires an accessible, barrier-free physical and social environment. For example, full and effective inclusion means that people with disabilities are not excluded from political electoral processes by ensuring, for example, that polling places are accessible and that election procedures and materials are available in a variety of formats and are easy to understand and understand. use.

Related to the concept of inclusion and inclusion in society is the concept of universal design, which is defined in the Convention as the design of objects, environments, programs and services to make them usable by all people to the greatest extent possible, without the need for adaptation or special design (Article 2).

Despite some visible or obvious differences, all people have the same rights and dignity. The Convention is aimed at preventing disability (which is a medical approach), but discrimination on the basis of disability.

3. Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities is a broad human rights treaty covering the full range of civil, cultural, economic, political and social rights. The Convention does not create new rights for persons with disabilities; instead, it outlines what existing human rights mean for persons with disabilities and clarifies the obligations of States Parties to protect and promote these rights, with a view to creating an enabling environment for the enjoyment of the rights of persons with disabilities. The Convention also includes articles relating to educational work, accessibility, situations of risk and humanitarian emergencies, access to justice, individual mobility, habilitation and rehabilitation, as well as statistics and data collection on the implementation of the recommendations contained in the study on the human rights of persons with disabilities.”

With regard to economic, social and cultural rights, the Convention on the Rights of Persons with Disabilities reaffirms the obligation of States to progressively ensure their implementation, as already recognized in article 2 of the International Covenant on Economic, Social and Cultural Rights. It is important that the Convention recognizes the fact that in order to achieve equal rights for people with disabilities, it is necessary to achieve shifts in public consciousness and, possibly, full inclusion (“inclusion”) of people with disabilities in public life. Article 25 of the Convention recognizes the right of persons with disabilities to the highest attainable standard of health without discrimination on the basis of disability. Article 9 states the need to identify and eliminate barriers that impede the availability of information and communication services. Including providing consumers with reliable information about goods, works and services.

Article 30 of the Convention provides that States Parties shall take all appropriate measures to ensure that persons with disabilities have access to cultural venues or services such as theatres, museums, cinemas, libraries and tourism services and, to the greatest extent possible, access to monuments and objects of national cultural significance.

Many countries have taken important steps to remove or reduce barriers to full participation. In many cases, legislation has been introduced to guarantee persons with disabilities the right and opportunity to attend school, employment opportunities and access to public facilities, remove cultural and physical barriers and prohibit discrimination against persons with disabilities. There has been a tendency not to place people with disabilities in special institutions, but to provide them with the opportunity to live in the community.

In some developed and developing countries, in the field of schooling, more and more attention is being paid to “open education” and, accordingly, less attention is being paid to special institutions and schools. Means were found to provide access to public transport systems for people with disabilities, and means of access to information for people with sensory impairments. Understanding of the need to implement such measures has increased. Many countries are conducting public awareness campaigns to raise public awareness and change attitudes towards and treatment of persons with disabilities.

4. The current situation of “persons with disabilities” abroad

Britannia

There are now over 10 million in Britain, representing about a sixth of the country's population. Every year, disability benefits are paid here in the amount of approximately 19 billion pounds sterling - about 900 billion rubles. British disabled people are provided with discounts on medicines, dental services, the purchase of wheelchairs, hearing aids, and, if necessary, free care. Car parking for disabled people is free. As for homes for the disabled, they are partially supported by the budget of the local municipality, and the rest is paid for by the disabled person himself with his pension, which is contributed towards his maintenance.

The law obliges drivers of all buses to assist disabled people when entering and exiting. Disabled people are entitled to free travel outside peak hours. In Britain, wheelchairs and special lifts attached to the walls are constantly being modernized, allowing wheelchairs to move from floor to floor in old houses with narrow, steep stairs. The development of technology is carried out here by true luminaries of transport engineering. Mike Spindle, created a brand new Trekinetic K2 wheelchair a few years ago. The SUV chair folds in just eight seconds. Requests for the production of a miracle chair are coming to the English county from all over the world.

Even toilets for the disabled are “advanced” in Britain, equipped with a host of special devices to help people with limited mobility. Such toilet rooms are available in every more or less large supermarket, in all public places and even in back offices. And this is not surprising: approximately 19 percent of all working Britons have a disability. Until the mid-90s, discrimination in hiring a disabled person was actually legalized in Britain. However, in 1995, an amendment to this law was adopted, making it very difficult for an employer to refuse a disabled applicant. The most remarkable and remarkable thing is that a disabled person is not considered by British society as “orphan and wretched.” He is involved in every possible way in all aspects of life, encouraging him to overcome the barriers that nature, illness or accident have placed in front of him.

Austria

The Austrians have developed dozens of targeted programs. And they all work. They are sympathetic to the problems of people with disabilities. In 2006, the country adopted a comprehensive package of legislative measures providing for the maximum elimination of barriers for people with disabilities in Everyday life and in the workplace. Targeted programs have been developed to assist people with disabilities. They are focused both on the sufferers themselves various diseases people and employers. The programs are financed from the European Social Fund, the Federal Office of Social Affairs, as well as from the State Labor Market Service.

There are craft and cultural centers throughout the country that offer free consultations for people with disabilities. Their main task is to provide assistance in finding employment. In 2008, Austria ratified the UN Convention on the Rights of People with Disabilities. A special committee has been created at the federal level to monitor the implementation of the provisions of this international document. This structure regularly informs interested organizations about the results of its work and holds open hearings.

Israel

Life at the Dead Sea

In Israel, several public organizations are active at the municipal and state levels, uniting people with disabilities. They have considerable influence both in the Knesset and in city and village councils.

According to Israeli law, “disabled people must be provided with opportunities for movement, recreation and work that limit them as little as possible.” In other words, the state is obliged to promote the creation of conditions for disabled people for treatment, leisure and feasible work. It is in order to stimulate labor activity that the state converts passenger cars for disabled people and sells them at a quarter of the cost with an installment plan for 15 years. In some cases, cars are issued free of charge. Each disabled person in the district offices of the Ministry of Transport receives a computerized "disability badge". Depending on the degree of disability, a green or blue “badge” may be issued. Note that here the medical commissions establish not the “disability group”, but its degree. All "wheelchair users" receive a degree of at least 90%. They are given blue “signs” that allow them to park even on sidewalks. The blind also receive the same “signs”. If a blind disabled person who has such a blue “sign” is given a lift by a taxi driver, relative or acquaintance, then the driver of this car has the same rights as a wheelchair user.

All disabled people have the right to receive free double strollers with a small trunk, which can be used to enter a large store or market. Such strollers fit into freight elevator cabins. Available everywhere toilet cabins, intended specifically for people with musculoskeletal problems.

Armed with the law

Americans have learned to make money from their illnesses

Washington

With the signing of the Americans with Disabilities Act in 1990 by US President George H. W. Bush, people with disabilities in America were guaranteed broad rights. Particular emphasis in the law, which came into force in 1992, was placed on issues of employment and equality in the use of public transport, receipt of state and municipal services, as well as the protection of people with disabilities from all kinds of discrimination.

Today there are more than 51 million people in the United States who have some form of disability. Of this number, 32.5 million, or 12 percent of the country's total population, are considered disabled. However, in America the authorities are doing everything to ensure that such a large “army” of disabled people is not excluded from normal life. Moreover, some observers consider the US government's treatment of members of the American public with special needs to be the best in the world.

Thus, for people with disabilities, the Department of Disability Policy of the US Department of Labor has created and is successfully operating a specialized Internet portal, with the help of which you can quickly find out answers to the most pressing questions, both for the disabled themselves and their relatives. Among the amenities that American disabled people use every day are special free parking spaces directly in front of the entrances to stores and shopping centers, as well as to various government and private institutions. Shameless violators and those who like to stand in the seats reserved for the disabled are mercilessly fined up to $500.

Some American disabled people are actively suing anyone who violates their legal rights, making good money from it. Last year alone, more than 3,000 lawsuits were filed in the United States against owners of stores, cafes, restaurants and other establishments that were not equipped with the necessary facilities for people with special needs.

France

The French take care of wheelchair users at the highest level.

Let's start with the fact that the University of Grenoble was at one time re-equipped in such a way that wheelchair users could not only move freely around it, but also take spacious elevators to any floor, use the library and canteen. They have separate toilets at their disposal, where their physical handicap is taken into account.

In the city itself, thanks to the efforts of the municipal authorities, work has long been underway to adapt to the needs of people with disabilities. Take public transport, for example. All buses and trams have doors with a low threshold, at the same level as the platform. If necessary, drivers can also use an automatically retractable “bridge”, which makes it more convenient for the stroller to enter the bus or tram. The airport and train station are equipped with elevators for the disabled. The local employees are also ready to help them. To do this, it is enough to call at least half an hour before arrival. The service is free. In Grenoble, 64 percent of streets and squares are fully accessible to wheelchair users. Every year, 15 to 20 local shops receive a subsidy of 3,000-4,000 thousand euros from the city treasury so that their outlets can accommodate disabled people. Moreover, they are now working there together with the national The Agenfiph association, which specifically deals with the employment of people with handicaps, is implementing a new project - "Innovaxes" Its essence is that in three quarters of the city 70 percent of enterprises will be re-equipped to take into account the needs of people with disabilities.

In France, there are about five million people with one or another serious physical problem. Of these, over two million are with “limited mobility.” The state, which is called upon to provide these French people with equal chances along with other citizens, takes care of them. Every disabled person has the right to a pension, and its ceiling depends on the degree of disability. The amount of compensation is revised every year and now reaches 759 euros per month. This is not to mention the provision of technical means, for example, the same strollers. Disabled people enjoy tax benefits and other discounts - on transport, telephone.

In France, there is a law adopted in 2005 that obliges all new buildings to be built in accordance with “disabled” standards, and existing buildings to be modernized. Otherwise, already in 2015, violators will also be punished with fines.

The Convention on the Rights of Persons with Disabilities was approved by the UN General Assembly on December 13, 2006 and entered into force on May 3, 2008 after being ratified by 50 states.

Russian President Dmitry Medvedev submitted the Convention on the Rights of Persons with Disabilities to the State Duma for ratification, and on April 27, 2012 the Convention was ratified by the Federation Council.

May 2012 it was signed by Dmitry Medvedev.

UN Convention on the Rights of Persons with Disabilities of December 13, 2006<#"justify">human rights disability convention

6. The current situation of “Persons with Disabilities” in Russia

Russia in Article 7 of the Constitution Russian Federation In 1993, it was proclaimed a social state, whose policy is aimed at creating conditions that ensure a decent life and free development of people. The welfare state acts as a guarantor and defender of the interests of the rights and freedoms not of just one social group or several groups of the population, but of all members of society. The world community also judges the social character of a state by its attitude towards people with disabilities.

State policy towards people with disabilities should be aimed at providing them with equal opportunities with other citizens in the implementation of economic, social, cultural, personal and political rights provided for by the Constitution of the Russian Federation, and eliminating restrictions on their life activities in order to restore the social status of people with disabilities and achieve financial independence. . At the same time, there is no legal consolidation of the principle of equal rights of disabled people and non-disabled people, prohibition of discrimination against a person on the basis of disability in the Russian Federation, which in reality makes it difficult for disabled people to realize a number of rights established for them by law.

For example, the majority of people are disabled due to the conditions for movement in public transport, entry into and exit from residential and educational buildings in wheelchairs not created by the state. Lack of special training programs, lack of equipment for educational places, despite the fact that the right to education is guaranteed by the Constitution of the Russian Federation and the Law of the Russian Federation “On Education”, they cannot study on equal terms with healthy citizens in general education institutions. In Russia, the rights of people with disabilities are reflected in the federal law “On social protection of people with disabilities in the Russian Federation”. Social protection of disabled people includes a system of state-guaranteed economic, social and legal measures that provide disabled people with conditions for overcoming, protecting (compensating) disabilities and aimed at creating equal opportunities for them to participate in society as other citizens. But in fact, Russia has not yet created a comprehensive mechanism for ensuring the rights and interests of people with disabilities, corresponding international standards. Persons with disabilities continue to lack opportunities to protect their rights. They face great difficulties in finding employment. Most often, disabled people work in low-paid jobs. Once a year, on December 3, on the International Day of Persons with Disabilities, Russian authorities remember those for whom life in Rus' is especially bad. These people are punished twice - by fate, which undermined their health, and by a country that does little to create conditions for them to live a full life.

In Russia, they have a bad attitude towards political correctness, considering it a purely Western invention. That is why the politically correct formulation “people with disabilities” has not taken root in our country. We prefer to directly call about 13.02 million of our compatriots (9.1% of the country's population) disabled. And this part of the population lives generally worse than the rest of their compatriots. Therefore, the “celebratory” statistics of the Ministry of Labor and Social Protection of Russia, prepared for the International Day of Persons with Disabilities established by the UN exactly 20 years ago, look very unfestive.

Of the 3.39 million disabled people who are of working age, only 816.2 thousand people work, and the number of non-working disabled people is 2.6 million people - almost 80%.

Unfortunately, every year there are more and more disabled people in the country. Their numbers are growing by about 1 million per year. It is predicted that by 2015 their number may exceed 15 million.

Along with the adoption of state laws designed to protect the rights of people with disabilities to work in their specialty, the Ministry of Health is trying in every possible way to limit their number, mainly by tightening the requirements for medical commissions and improving records.

Is this policy correct? In Europe, for example, there are much more “official” disabled people - government agencies are not afraid to register them. In our country, every tenth person declared healthy by a medical commission requires a review of the decision.

According to the ministry, about 85 thousand disabled people are employed annually with the assistance of employment services. This is about a third of the number of able-bodied disabled people who turned to the employment service for help. And if we compare it with the total number of unemployed disabled people, at this rate it will take more than 30 years to solve the problem of unemployment among this category of citizens (if their number does not change).

Mandatory quotas for the employment of disabled people do not help either. Until now, there has been a rule in Russia according to which large enterprises employing more than 100 people are required to hire people with disabilities. A quota was established for these organizations - from 2 to 4% of the number of employees. In July of this year, amendments were made to the law on social protection of disabled people. According to this document, now citizens with disabilities must also be employed by small and medium-sized companies - from 35 to 100 people. The quota for them varies - up to 3%. Regional regulatory authorities are required to monitor compliance with the law. So that the quality of their work does not differ, a new Order was adopted. Regional authorities should check organizations for compliance with the requirements of the law on the employment of people with disabilities. The schedule of scheduled inspections is approved annually and communicated to enterprises. The basis for an unscheduled inspection may be a complaint from a citizen who was illegally denied employment. If violations are detected, inspectors give the company no more than 2 months to eliminate them. Otherwise, you will have to pay a fine - from 5 to 10 thousand rubles

However, it is more profitable for employers to pay negligible fines for refusing to hire people with disabilities or providing employment authorities with information about vacancies.

Although at a recent meeting on the employment of disabled people, Prime Minister Dmitry Medvedev stated the need to create more than 14 thousand jobs for this category of citizens over the next three years, there is no guarantee that this will be done.

Moreover, people with disabilities are often given jobs that are clearly not suitable for them: there are often cases when the armless or those suffering from multiple sclerosis are offered, for example, to become seamstresses.

In Russia there are still huge problems with medicines for the disabled, with ramps in residential buildings, because of which the vast majority of disabled people become “banned” from their apartments. The country still has a large shortage of high-quality prosthetics, wheelchairs and spare parts for them, while Russia itself has an extremely backward industry in this area. It is impossible to live on pittance benefits for disability or for caring for a disabled child even in the poorest Russian regions. The size of the pension for disability group III in 2013 is 3138.51 rubles per month. The size of the pension for disability group II in 2013 is 3,692.35 rubles per month. The size of the pension for disabled people of group I and disabled people from childhood of group II in 2013 is 7384.7 rubles per month. The size of the disability pension for disabled children and people with disabilities since childhood of group I in 2013 is 8861.54 rubles per month.

In fact, except International Day officials remember this category of citizens only in connection with the Paralympic Games, traditionally held in conjunction with the regular summer or winter Olympics. In this sense, Sochi, due to the need to host the 2014 Winter Paralympics, should become an ideal city for Russia in terms of creating a barrier-free environment for people with disabilities. But the Olympics cannot be held in every Russian city, not to mention rural areas. The country has an extremely dilapidated housing stock: in some regions, especially in the Far East, its deterioration reaches 80%. It is even technologically difficult to equip old houses with modern ramps for wheelchairs.

The general infrastructural backwardness of Russia (in terms of infrastructure, the country clearly does not correspond to the status of a country with the sixth largest absolute GDP in the world) hits people with disabilities especially hard.

In general, the opportunities of absolutely healthy people in Russia are severely limited by economic imbalances, poverty, and corruption. And the opportunities for people with disabilities are even more limited, because in addition to all these political, social, and technological obstacles, they also have to overcome their illness and the appalling state of domestic medicine, which no reforms have yet been able to raise to a decent level. The situation of persons with disabilities in modern world- one of the surest indicators of the general level of civilization of the country. Russia in this respect remains almost a barbaric state.

Conclusion

All people are different and each person is unique and invaluable to society. The attitude towards a disabled person largely depends on how often he appears in public places.

Today the word "disabled" is still associated with the definition of "sick". Most people have an idea of ​​disabled people as hospital patients who require constant care and any movement is contraindicated. Creating an accessible environment for them will help change this perception of people with disabilities in society. Disabled people should live and work among healthy people, enjoy all benefits on an equal basis with them, and feel like full-fledged members of society.

Among disabled people there are many creatively gifted individuals, many people who want to work actively. This would not only give them the opportunity to provide for their own maintenance, but also to make a feasible contribution to the development of society. However, we know almost nothing about these people. Often, most of us are not even aware of their existence, let alone the level of this existence.

Creation optimal conditions for education, training, successful correction of disorders, psychological and pedagogical rehabilitation, social and labor adaptation and integration of these people into society is among the most important tasks. The presence of disability is not an obstacle to feasible work, but the reluctance of employers to hire disabled people and the limited number of vacancies lead to the fact that for most of them pensionis the only source of existence.

Like everything else in our lives, social consciousness also undergoes changes under the influence of various factors. However, in relation to people with disabilities, unfortunately, it is changing too slowly. As before, in Russia, society treats this problem as a secondary one, which has not yet been addressed. But by delaying the solution to the problem of disabled people, we are delaying the creation of a legal, civilized society and state.

The main international document establishing the rights of persons with disabilities around the world is the Convention on the Rights of Persons with Disabilities, adopted by the UN General Assembly on December 13, 2006.

This Convention, after its ratification by the Russian Federation on September 25, 2012, in accordance with Article 15 of the Constitution of the Russian Federation, became part of Russian legislation. Its application on the territory of our country is carried out through the adoption by government bodies of regulations that specify the methods for implementing specific provisions of the Convention.

Article 1 of the Convention states that its purpose is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.

To achieve this goal, Article 3 of the Convention sets out a number of principles on which all its other provisions are based. These principles include, in particular:

Full and effective involvement and inclusion in society;

Equality of opportunity;

Non-discrimination;

Availability.

These principles logically follow from one another. In order to ensure the full inclusion and inclusion of a disabled person in society, it is necessary to provide him with equal opportunities as other people. To achieve this, a disabled person must not be discriminated against. The main way to eliminate discrimination against people with disabilities is to ensure accessibility.

According to Article 9 of the Convention, in order to enable persons with disabilities to lead independent lives and participate fully in all aspects of life, appropriate measures must be taken to ensure that persons with disabilities have access on an equal basis with others to the physical environment, to transport, to information and communications, including information and communications technologies and systems , as well as other facilities and services open or provided to the public, both urban and rural areas. These measures, which include identifying and eliminating obstacles and barriers to accessibility, should cover, in particular:

On buildings, roads, transport and other internal and external objects, including schools, residential buildings, medical institutions and workplaces;

For information, communication and other services, including electronic services and emergency services.

In cases where disabled people are not provided with access to services and architectural objects, they are discriminated against.

Article 2 of the Convention defines discrimination on the basis of disability as any distinction, exclusion or restriction on the basis of disability, the purpose or effect of which is to diminish or deny the recognition, realization or enjoyment on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural , civil or any other field.

According to Article 5 of the Convention, states prohibit any discrimination on the basis of disability and guarantee persons with disabilities equal and effective legal protection against discrimination on any ground. This, in particular, means that the state establishes mandatory requirements aimed at ensuring accessibility for disabled people to the activities of organizations providing services to the public.

Accessibility for persons with disabilities is achieved through reasonable accommodation. Article 2 of the Convention defines reasonable accommodation as making, where necessary in a particular case, necessary and appropriate modifications and adjustments, not imposing a disproportionate or undue burden, in order to ensure that persons with disabilities enjoy or enjoy on an equal basis with others all human rights and fundamental freedoms.

Reasonable accommodation is when an organization makes accommodations for people with disabilities in two ways. Firstly, the accessibility of buildings and structures of this organization is ensured by equipping them with ramps, wide doorways, inscriptions in Braille, etc. Secondly, the accessibility of the services of these organizations for disabled people is ensured by changing the procedure for their provision, providing additional assistance to disabled people when receiving them, etc.

These adaptation measures cannot be unlimited. Firstly, they must meet the needs of people with disabilities caused by limitations in their life activities. For example, a person disabled due to a disease of the cardiovascular system when using a river port should have the opportunity to rest in a sitting position. However, this does not give rise to the right of a disabled person to use the superior hall for official delegations if there are seats in the common hall. Second, adjustment measures must be consistent with the capabilities of organizations. For example, the requirement to completely reconstruct a 16th-century building, which is an architectural monument, is not justified.

Reasonable accommodations provide an accessible environment for persons with disabilities. An important part of an accessible environment is universal design. Article 2 of the Convention defines universal design as the design of objects, environments, programs and services to make them usable to the greatest extent possible by all people, without the need for adaptation or special design. Universal design does not exclude assistive devices for specific disability groups where needed.

In general, universal design is aimed at making the environment and objects as suitable for use by all categories of citizens as possible. For example, a low-lying payphone may be used by persons at wheelchairs, children, short people.

Russian legislation specifies the implementation of the provisions of the Convention on the Rights of Persons with Disabilities. The creation of an accessible environment for people with disabilities is regulated by Federal Law No. 181-FZ of November 24, 1995 “On Social Protection of Disabled Persons in the Russian Federation” (Article 15), Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” "(Article 79), Federal Law of December 28, 2013 N 442-FZ "On the fundamentals of social services for citizens in the Russian Federation" (clause 4 of Article 19), Federal Law of January 10, 2003 N 18-FZ " Charter of Railway Transport of the Russian Federation" (Article 60.1), Federal Law of November 8, 2007 N 259-FZ "Charter of Road Transport and Urban Ground Electric Transport" (Article 21.1), Air Code of the Russian Federation (Article 106.1), Federal Law dated July 7, 2003 N 126-FZ “On Communications” (clause 2 of Article 46), and other regulatory legal acts.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES- international document adopted by the UN General Assembly

December 13, 2006 and entered into force on May 3, 2008. Simultaneously with the Convention, the Optional Protocol to it was adopted and entered into force. As of April 2015, 154 states and the European Union were parties to the Convention, and 86 states are parties to the Optional Protocol.

With the entry into force of the Convention, the Committee on the Rights of Persons with Disabilities was established (initially consisting of 12 experts, and in connection with the number of participating countries reaching the 80 mark, expanded to 18 people) - a supervisory body for the implementation of the Convention, authorized to consider reports of states parties to the Convention, make proposals and general recommendations on them, as well as consider reports of violations of the Convention by States Parties to the Protocol.

The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment by all persons with disabilities of all human rights and fundamental freedoms and to promote respect for their inherent dignity.

According to the Convention, persons with disabilities include persons with long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may prevent them from fully and effectively participating in society on an equal basis with others.

Definitions for the purposes of the Convention:

• - “communication” includes the use of languages, texts, Braille, tactile communication, large print, accessible multimedia as well as printed materials, audio, ordinary language, readers, and augmentative and alternative methods, modes and formats of communication, including accessible information -communication technology;
• - “language” includes spoken and signed languages ​​and other forms of non-speech languages;
• - “discrimination on the basis of disability” means any distinction, exclusion or restriction on the basis of disability, the purpose or effect of which is to diminish or deny the recognition, realization or enjoyment on an equal basis with others of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other area. It includes all forms of discrimination, including denial of reasonable accommodation;
• - “reasonable accommodation” means making, when necessary in a particular case, necessary and appropriate modifications and adjustments, without imposing a disproportionate or undue burden, in order to ensure that persons with disabilities enjoy or enjoy on an equal basis with others all human rights and fundamental freedoms;
• - “universal design” means the design of products, environments, programs and services to make them usable to the greatest extent possible by all people without the need for adaptation or special design. “Universal design” does not exclude assistive devices for specific disability groups where needed.

General principles of the Convention:

• - respect for a person's inherent dignity, personal autonomy, including the freedom to make one's own choices, and independence;
• - non-discrimination;
• - full and effective involvement and inclusion in society;
• - respect for the characteristics of people with disabilities and their acceptance as a component of human diversity and part of humanity;
• - equality of opportunity;
• - availability;
• - equality between men and women;
• - respect for the developing abilities of disabled children and respect for the right of disabled children to maintain their individuality.

General obligations of the parties to the Convention:

States Parties undertake to ensure and promote the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities, without discrimination of any kind on the basis of disability. To this end, participating States undertake:

• - take all appropriate legislative, administrative and other measures to implement the rights recognized in the Convention;
• - take all appropriate measures, including legislation, to amend or repeal existing laws, regulations, customs and principles that discriminate against persons with disabilities;
• - take into account in all policies and programs the need to protect and promote the human rights of all persons with disabilities;
• - refrain from any actions or methods that are not in accordance with the Convention, and ensure that public authorities and institutions act in accordance with the Convention;
• - take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;
• - conduct or encourage research and development of products, services, equipment and objects of universal design, the adaptation of which to the specific needs of a person with a disability would require the least possible adaptation and minimum cost, promote their availability and use, and promote the idea of ​​universal design in the development of standards and guidelines;
• - conduct or encourage research and development, and promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies suitable for persons with disabilities, giving priority to low-cost technologies;
• - provide people with disabilities with accessible information about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;
• - encourage the teaching of the rights recognized in the Convention to professionals and staff working with people with disabilities in order to improve the provision of assistance and services guaranteed by these rights.

With regard to economic, social and cultural rights, each State Party undertakes to take measures, to the fullest extent of its available resources and, where necessary, resort to international cooperation, to progressively achieve the full realization of these rights, without prejudice to those obligations set out in the Convention , which are directly applicable under international law.

In developing and implementing legislation and policies to implement the Convention and in other decision-making processes on issues affecting persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

The provisions of the Convention apply to all parts of federal states without any restrictions or exceptions.

I.D. Shelkovin

Lit.: UN Convention on the Rights of Persons with Disabilities (adopted by UN General Assembly resolution No. 61/106 dated December 13, 2006); Larikova I.V., Dimensteip R.P., Volkova O.O. Adults with mental disorders in Russia. Following in the footsteps of the Convention on the Rights of Persons with Disabilities. M.: Terevinf, 2015.

The Convention on the Rights of Persons with Disabilities and the Optional Protocol entered into force on 3 May 2008. Russia also signed the Convention. However, many people with disabilities have little idea of ​​its purpose. Let's try, at least on the eve of the Day of Persons with Disabilities, to briefly consider the main provisions of the Convention on the Rights of Persons with Disabilities.

Guiding principles of the Convention

There are eight guiding principles that underlie the Convention and each of its specific articles:

a. Respect for the inherent dignity of the human person, personal autonomy, including the freedom to make one's own choices, and the independence of persons

b. Non-discrimination

c. Full and effective integration into society

d. Respect for differences and acceptance of persons with disabilities as part of human diversity and humanity

e. Equality of opportunity

f. Availability

g. Equality between men and women

h. Respect for the developing abilities of children with disabilities and respect for the right of children with disabilities to maintain their individuality

“What is the purpose of the convention?” Don McKay, chairman of the committee that negotiated its adoption, said that its main task was to detail the rights of people with disabilities and work out ways to implement them.

Countries that have acceded to the Convention must themselves develop and implement policies, laws and administrative measures to ensure the rights enshrined in the Convention and the abolition of laws, regulations and practices that are discriminatory (Article 4).

Changing the perception of the very concept of disability is important for improving the situation of persons with disabilities, for countries to ratify the Convention to combat stereotypes and prejudices, and for raising awareness of the capabilities of people with disabilities (Article 8).

Countries must ensure that persons with disabilities enjoy their inalienable right to life on an equal basis with others (Article 10), as well as ensuring the equal rights and advancement of women and girls with disabilities (Article 6) and the protection of children with disabilities (Article 7).

Children with disabilities should have equal rights, should not be separated from their parents against their will, unless social protection authorities determine that this is in the best interests of the child, and should not be separated from their parents under any circumstances. based on the disability of the child or parents (Article 23).

Countries must recognize that all people are equal before the law, prohibit discrimination on the basis of disability, and guarantee equal legal protection (Article 5).

Countries must ensure equal rights to own and inherit property, control financial affairs and have equal access to bank loans, mortgages (Article 12). Equality consists of ensuring access to justice on an equal basis with other persons (Article 13), persons with disabilities have the right to freedom and security, and not to be deprived of their liberty unlawfully or arbitrarily (Article 14).

Countries must protect the physical and mental integrity of persons with disabilities, as they do for everyone else (Article 17), guarantee freedom from torture and cruel, inhuman or degrading treatment or punishment, and prohibit medical or scientific experimentation without the consent of persons with disabilities or their consent. guardians (Article 15).

Laws and administrative measures must guarantee freedom from exploitation, violence and abuse. In cases of abuse, States must facilitate the recovery, rehabilitation and reintegration of victims and the investigation of abuse (Article 16).

Persons with disabilities may not be subject to arbitrary or unlawful interference with their privacy, family life, home, correspondence or communication. The confidentiality of their personal, medical and rehabilitation information must be protected in the same way as other members of society (Article 22).

Addressing the fundamental question of accessibility of the physical environment (Article 9), the Convention requires countries to take action to identify and remove obstacles and barriers and ensure that persons with disabilities can access transport, public facilities and services, and information services. and communication technologies.

Persons with disabilities must be able to live independently, be included in public life, choose where and with whom to live, and have access to housing and services (Article 19). Personal mobility and independence must be ensured by promoting personal mobility, training in mobility skills and access to freedom of movement, assistive technology and assistance with daily living matters (Article 20).

Countries recognize the right to an adequate standard of living and social protection. This includes public housing, needs-based disability services and assistance, and disability-related expenses in the event of poverty (Article 28).

Countries should promote access to information by providing information intended for the general public in accessible formats and using technology, by promoting the use of Braille, sign language and other forms of communication, and by encouraging mass media and Internet providers to make online information in accessible formats (Article 21).

Discrimination relating to marriage, family and personal relationships must be eliminated. Persons with disabilities must have equal opportunities for fatherhood and motherhood, marriage and the right to found a family, decide on the number of children, have access to services in the field of reproductive health and family planning, education, and also enjoy equal rights and responsibilities in relation to guardianship and trusteeship , guardianship and adoption of children (Article 23).

States should promote equal access to primary and secondary education, vocational training, adult education and lifelong learning. Education must be carried out using appropriate materials, methods and forms of communication. Students who require assistive measures and students who are blind, deaf or deaf-mute should be educated in the most appropriate forms of communication with teachers who are fluent in sign language and Braille. The education of persons with disabilities should promote their participation in society, the preservation of their sense of dignity and self-respect and the development of their personality, abilities and creativity (Article 24).

Persons with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability. They must receive the same range, quality and level of free or low-cost health care provided to others, receive health care services based on their disability, and not be discriminated against in the provision of health insurance (Article 25).

In order for persons with disabilities to achieve maximum independence, countries must provide comprehensive medical care and rehabilitation services in the fields of health, employment and education (Article 26).

Persons with disabilities have equal rights to work and can earn their own living. Countries must prohibit discrimination in employment matters related to the promotion of self-employment, entrepreneurship and business establishment, the employment of persons with disabilities in the public sector, the promotion of their employment in the private sector, and ensure that they are provided at a reasonable distance from their place of residence to their place of work (Article 27 ).

Countries must ensure equal participation in political and public life, including the right to vote, stand for election and hold certain positions (Article 29).

Countries should promote participation in cultural life, leisure, recreation and sports by ensuring that television programmes, films, theater and cultural material are made available in accessible forms, making theatres, museums, cinemas and libraries accessible, and ensuring that persons with disabilities have the opportunity to develop and use their creative potential not only for their own benefit, but also for the enrichment of society (v. 30).

Countries must provide assistance to developing countries for the practical implementation of the Convention (Article 32).

To ensure implementation and monitoring of the Convention, countries must appoint a focal point within the government and establish a national mechanism to facilitate and monitor implementation (Article 33).

The Committee on the Rights of Persons with Disabilities, composed of independent experts, will receive periodic reports from States parties on progress made in the implementation of the Convention (Articles 34 to 39).

Article 18 of the Optional Protocol on Communications allows individuals and groups to lodge complaints directly with the Committee once all national appeal procedures have been exhausted.

The Committee on the Rights of Persons with Disabilities (CRPD) is a body of 18 independent experts that monitors the implementation of the Convention on the Rights of Persons with Disabilities. Members of the Committee act in their personal capacity and do not represent any state. All States Parties are required to regularly submit reports to the Committee on the implementation of the rights enshrined in the Convention

The Convention defines categories of persons with disabilities and affirms that all persons with disabilities must enjoy their rights and fundamental freedoms. It clarifies and defines how all categories of rights apply to persons with disabilities and identifies areas that need to be adapted in order for persons with disabilities to effectively exercise their rights, as well as areas where their rights have been violated and where protection of their rights needs to be strengthened

Main goals:

monitoring the implementation by state parties of the Convention on the Rights of Persons with Disabilities;

consideration of reports of States parties; consideration of individual complaints;

conducting investigations into cases of gross and systematic violations of the Convention

The Committee on the Rights of Persons with Disabilities (CRPD) may consider individual communications of alleged violations of the Convention on the Rights of Persons with Disabilities by States Parties to the Optional Protocol to the Convention

The procedure for filing and consideration of complaints by individuals about violations of human rights to the Committee on the Rights of Persons with Disabilities, frequently asked questions and a complaint form here: http://www.ohchr.org/RU/HRBodies/TBPetitions/Pages/IndividualCommunications.aspx#contact;
http://www.ohchr.org/RU/HRBodies/TBPetitions/Pages/IndividualCommunications.aspx#OPICCPR

For individual complaints

Petitions Team Office of the High Commissioner for Human Rights United Nations Office at Geneva 1211 Geneva 10 (Switzerland)

Fax: + 41 22 917 9022 (urgent matters only)

Email: [email protected]

Secretariat of the Committee on the Rights of Persons with Disabilities Office of the United Nations High Commissioner for Human Rights (OHCHR)

Address: Palais Wilson - 52, Rue Des Pâquis CH-1201 Geneva (Switzerland) (Palais Wilson - 52, rue des Pâquis CH-1201 Geneva (Switzerland)

Postal address: UNOG-OHCHR CH-1211 Geneva 10 (Switzerland)

Phone: +41 22 917 97 03

Fax: +41 22 917 90 08

Email: [email protected]

Website: http://www.ohchr.org/ru/HRBodies/CRPD/Pages/CRPDIndex.aspx