Optional Protocol to the Convention on the Rights of Persons with Disabilities

Last updated

Optional Protocol to the Convention on the Rights of Persons with Disabilities
OP-CRPD-members.svg
  states parties
  states that signed, but have not ratified
  states that have not signed
Drafted13 December 2005
Signed30 March 2007
LocationNew York
Effective3 May 2008
Condition10 ratifications and entry into force of the Convention on the Rights of Persons with Disabilities
Signatories94
Parties106
Depositary Secretary-General of the United Nations
LanguagesArabic, Chinese, English, French, Russian and Spanish

The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008. [1] As of February 2024, it has 94 signatories and 106 state parties. [2]

Contents

The Optional Protocol establishes an individual complaints mechanism for the Convention similar to those of the International Covenant on Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination against Women and Convention on the Elimination of All Forms of Racial Discrimination. But this Protocol also accepts individual rights on economic, social and cultural rights like Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Parties agree to recognise the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals or groups who claim their rights under the Convention have been violated. [3] The Committee can request information from and make recommendations to a party. [4]

In addition, parties may permit the Committee to investigate, report on and make recommendations on "grave or systematic violations" of the Convention. [5] Parties may opt out of this obligation on signature or ratification. [6]

The Optional Protocol required ten ratifications to come into force. [7]

As of 2015, "[t]he UN Committee on the Rights of Persons with Disabilities is conducting an inquiry into the impact of the UK Government's policies on people with disabilities in relation to their human rights obligations." [8] The Committee has not previously conducted such an inquiry.

See also

Related Research Articles

International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.

<span class="mw-page-title-main">Convention on the Rights of the Child</span> International treaty about the rights of children

The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.

<span class="mw-page-title-main">International Covenant on Civil and Political Rights</span> Treaty adopted by United Nations General Assembly in 1965

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty.

<span class="mw-page-title-main">United Nations Convention Against Torture</span> International human rights instrument against torture and cruel or unusual punishment

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.

<span class="mw-page-title-main">International Covenant on Economic, Social and Cultural Rights</span> Covenant adopted in 1966 by United Nations General Assembly resolution

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of July 2020, the Covenant has 171 parties. A further four countries, including the United States, have signed but not ratified the Covenant.

<span class="mw-page-title-main">Convention on the Elimination of All Forms of Discrimination Against Women</span> International bill of rights for women

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

<span class="mw-page-title-main">Committee on the Rights of the Child</span> Body that monitors implementation of the Convention on the Rights of the Child

The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.

<span class="mw-page-title-main">Human rights in Switzerland</span> Overview of the observance of human rights in Switzerland

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

<span class="mw-page-title-main">Convention on the Rights of Persons with Disabilities</span> Treaty of the United Nations

The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.

The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Parties to the Protocol allow the Committee on the Elimination of Discrimination against Women to hear complaints from individuals or inquire into "grave or systematic violations" of the convention. The Protocol has led to a number of decisions against member states on issues such as domestic violence, parental leave and forced sterilization, as well as an investigation into the systematic killing of women in the Mexican city of Ciudad Juárez, Chihuahua.

<span class="mw-page-title-main">Optional Protocol to the International Covenant on Economic, Social and Cultural Rights</span> Complaints mechanism in international law

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of October 2023, the Protocol has 46 signatories and 28 state parties. It entered into force on 5 May 2013.

<span class="mw-page-title-main">First Optional Protocol to the International Covenant on Civil and Political Rights</span> 1966 United Nations treaty

The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of January 2023, it had 117 state parties and 35 signatories. Two of the ratifying states have denounced the protocol.

The Committee on the Rights of Persons with Disabilities is a United Nations body of 18 experts that meets two times a year in Geneva to consider the reports submitted by 164 UN member states on their compliance with the Convention on the Rights of Persons with Disabilities (CRPD), and to examine individual petitions concerning 94 States Parties to the Optional Protocol.

<span class="mw-page-title-main">Human rights in Sierra Leone</span>

Human rights in Sierra Leone are in a rather deplorable state, but have improved gradually since the end of its civil war in 2002. Among the major human-rights problems in Sierra Leone today, according to a 2011 U.S. State Department report, are "security force abuse and use of excessive force with detainees, including juveniles; harsh conditions in prisons and jails; official impunity; arbitrary arrest and detention; prolonged detention, excessive bail, and insufficient legal representation; interference with freedom of speech and press; forcible dispersion of demonstrators; widespread official corruption; societal discrimination and violence against women, discrimination based on sexual orientation; female genital mutilation (FGM); child abuse; trafficking in persons, including children; and forced child labor".

<span class="mw-page-title-main">International Convention on the Elimination of All Forms of Racial Discrimination</span> 1969 United Nations human rights instrument

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations.

<span class="mw-page-title-main">Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure</span>

The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure is a treaty open to states that are party to the Convention on the Rights of the Child. The Protocol was adopted by the United Nations' General Assembly on 19 December 2011 and entered into force on 14 April 2014, following ratification by 10 states.

The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.

References

  1. "Landmark UN treaty on rights of persons with disabilities enters into force". Scoop. 5 May 2008. Retrieved 28 June 2008.
  2. "UN Treaty Collection: Parties to the Optional Protocol to the Convention on the Rights of Persons with Disabilities". United Nations. Retrieved 12 October 2016.
  3. Optional Protocol to the Convention on the Rights of Persons with Disabilities, Article 1.
  4. Optional Protocol to the Convention on the Rights of Persons with Disabilities, Articles 3 & 5.
  5. Optional Protocol to the Convention on the Rights of Persons with Disabilities, Article 6.
  6. Optional Protocol to the Convention on the Rights of Persons with Disabilities, Article 8.
  7. Optional Protocol to the Convention on the Rights of Persons with Disabilities, Article 13.
  8. "The UN Inquiry into the Rights of Persons with Disabilities in the UK". www.Parliament.UK. House of Commons Library. 10 February 2016. Retrieved 17 March 2016.

Categoria:Treaties of East Timor