EU Presidency Statement - Persons with disabilities

Sumario: August 2, 2002: Statement by Minister Counsellor Marianne Løwenhaupt Hoffmann, Ministry of Foreign Affairs, on behalf of the European Union : "How a legally binding instrument should relate to the standard rules and other UN Human Rights Instruments" (New York)

Mr. Chairman,

I have the honour to speak on behalf of the European Union on how a legally binding instrument should relate to the Standard Rules and other UN human rights instruments.

It is a pleasure to continue our fruitful discussion yesterday relating to the four matters of principle raised in our earlier statement. We highly appreciate the many informative statements put forward and look forward to continue a constructive exchange of views.

Mr. Chairman,

In relation to the question of how a legally binding instrument should relate to the UN Standard Rules and other UN human rights instruments, the European Union considers it to be of vital importance that any process of elaborating a legally binding instrument should take place in parallel with concrete efforts to further mainstream the disability perspective into the monitoring mechanisms of the six core UN human rights conventions.

The European Union recalls Resolution 1998/31 of the UN Commission on Human Rights, which, inter alia, asserted that

"any violation of the fundamental principle of equality or any discrimination or other negative differential treatment of persons with disabilities inconsistent with the UN Standard Rules…is an infringement of the human rights of persons with disabilities".

In our view, this wording, though broad, correctly assumes that the operational philosophy of the Standard of Rules is that of equality and non-discrimination with regard to the enjoyment of human rights by persons with disabilities.

The main point of departure for the elaboration of a composite or thematic legal instrument on the rights of persons with disabilities should be the six core UN human rights treaties. Nevertheless, and because of the closeness of the philosophy of the Standard Rules with that of human rights, the European Union finds that the Standard Rules as well as the experiences harvested in their monitoring ought to play a useful role in guiding the efforts of elaborating such an instrument.

Mr. Chairman,

The European Union regards the UN Standard Rules as an instrument for policy making and action. It is almost ten years since the Rules were first formulated. We are fully cognisant of the views expressed by the UN Special Rapporteur on the Standard Rules as to the pressing need for refinements in the Rules. In the view of the European Union, the process of elaborating a composite or thematic legal instrument on the rights of persons with disabilities should not delay such further refinement. Rather, the elaboration of a legal instrument should act as an added spur for this process.

A new legal instrument should heighten the status and enhance the effect of the Standard Rules. We envisage that the monitoring mechanism established under the Standard Rules would assume added importance since it could ideally enrich the deliberations of whatever monitoring mechanism may be adopted under a new legal instrument. In short, the synergy that could emerge between complementary sets of norms should further enhance the relevance of the Standard Rules.

Mr. Chairman,

Currently, all six core human rights treaties are fully applicable, however, insufficiently implemented in the context of disability. As the European Union underlined in its statement yesterday, a thematic instrument could considerably move forward the process of mainstreaming disability under the six core treaties. A legally binding instrument could serve to deepen and broaden the understanding of States Parties regarding disability as a human rights issue with regard to their obligations towards persons with disabilities under international law.

The purpose of a legal instrument to protect the human rights of persons with disabilities is not to duplicate the human rights already protected through the six core treaties. Rather, such an instrument should aim at tailoring the relevant obligation already contained in existing human rights treaties to the circumstances of persons with disabilities, and thereby creating genuinely inclusive and equal societies.

Mr. Chairman,

In any subsequent drafting process it must be kept in mind that any legal instrument should be enforceable and realistic. A poorly drafted instrument could end up reinforcing a segregationist tendency in law and policy for persons with disabilities. Therefore, it must be avoided that any new instrument undermines or duplicates other international human rights rules or standards. Standards below already existing human rights standards must not be accepted.

Thank you, Mr. Chairman.

Ref: PRES02-227EN
Fuente UE: Presidencia de la UE
Foro NU: Asamblea General ( Sesiones Especiales incluidas)
Fecha: 2/8/2002

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