CRPD: A Launch Pad For Action

By the Council of Canadians with Disabilities

On December 3, 2009, Canadians with disabilities celebrated the tabling of the Convention on the Rights of Persons with Disabilities (CRPD) in the House of Commons. Shortly, the UN secretary-general will receive Canada’s documents and ratification will be finalized. This international human rights treaty upholds:

• the equal protection and equal benefit before the law for all people,
• the inherent dignity and independence of all persons with disabilities and
• the participation of people with disabilities in decision-making affecting them.

The CRPD establishes opportunities for advancing disability rights in Canada and, in this article, the Council of Canadians with Disabilities (CCD) explains how the CRPD will help advance our agenda. Of course, these opportunities will not be realized without the disability community’s involvement, and CCD will be working for a robust implementation of the CRPD.

Increased Political Profile: The CRPD requires states to have a framework responsible for addressing the country’s obligations to people with disabilities under the treaty. Article 33 calls upon countries to “designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.” Article 35 requires states to submit regular comprehensive reports on measures taken to promote and protect the human rights of people with disabilities. These requirements are timely. CCD’s chairperson, Marie White, has been saying that social policy in Canada is homeless. The CRPD’s call for a focal point, monitoring and reporting will assist the disability rights community to reposition disability rights on the political agenda. CCD will be seeking discussions with government on the development of an implementation plan and creation of a monitoring and reporting process.

Law Reform: Once the CRPD is ratified, it becomes a set of minimum standards that countries are obliged to meet over time. In Canada, both the federal and provincial governments will need to reform their laws and practices that do not meet the demands of the CRPD. For example, campaigners against institutionalization hope the CRPD’s support for community living will hasten the closure of institutions in Canada. “The CRPD is a tremendous step forward, because it creates a substantive framework for improving the status of Canadians with disabilities and it will be the focus of our work for many years to come,” said Marie White, CCD chairperson.

The CRPD recognizes the important role of the organizations of people with disabilities in policy development and reform. Article 4.3 calls for active consultation with persons with disabilities through their representative organizations. Extrapolating from the CRPD, there are two engines to propel law reform forward: the government focal points called for in Article 33 and the representative voice of people with disabilities (Article 4.3). “While we have been taking time to celebrate that Canada is coming on board as a CRPD ratifier, soon we will be knocking on government doors seeking a collaborative dialogue on how Canada will implement the CRPD,” said Marie White.

International Engagement: As a country that has ratified the CRPD, Canada will participate in the conferences of States Parties and the meetings of CRPD experts to review progress. At these meetings, Canada will contribute to the development of disability rights jurisprudence. Canada is an international leader on disability issues, and participation in these forums will enhance our national reputation.

Attitude Change: Through the CRPD, the global community recognized the equality of people with disabilities and rejected the medical model approach to disability. It adopted a human rights approach to disability issues and acknowledged that barriers are socially created. In the hands of the disability community, as well as governments, the CRPD will be an important tool for educating mainstream society about both the barriers faced by Canadians with disabilities and the solutions that effectively remove barriers.

Community Mobilization: The CRPD presents a unique opportunity to stimulate increased activity on disability issues by both people with disabilities and the general public. Other international events have been a catalyst for action on disability issues. In 1981, the International Year of Disabled Persons (IYDP) was a catalytic event that saw people with disabilities and their organizations partnering with governments, community organizations and people without disabilities to remove barriers. (The availability of federal funding for community IYDP projects contributed to the 1981 experience.) The CRPD could serve as a stimulus package for barrier removal in Canada.

An Invitation to Build an Inclusive and Accessible Canada: CCD celebrates Canada’s ratification of the CRPD and we are eager to begin implementation. We encourage all Canadians to join us in undertaking initiatives that will make Canada an accessible and inclusive country that fulfills the promise of the CRPD.