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Principles/Features of Human Rights1

 Universal and inalienable

The principle of universality of human rights is the cornerstone of international human


rights law. This principle, as first emphasized in the Universal Declaration on Human
Rights in 1948, has been reiterated in numerous international human rights conventions,
declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for
example, noted that it is the duty of States to promote and protect all human rights and
fundamental freedoms, regardless of their political, economic and cultural systems. All
States have ratified at least one, and 80% of States have ratified four or more, of the core
human rights treaties, reflecting consent of States which creates legal obligations for
them and giving concrete expression to universality. Some fundamental human rights
norms enjoy universal protection by customary international law across all boundaries
and civilizations.Human rights are inalienable. They should not be taken away, except in
specific situations and according to due process. For example, the right to liberty may be
restricted if a person is found guilty of a crime by a court of law.

 Interdependent and indivisible

All human rights are indivisible, whether they are civil and political rights, such as the
right to life, equality before the law and freedom of expression; economic, social and
cultural rights, such as the rights to work, social security and education , or collective
rights, such as the rights to development and self-determination, are indivisible,
interrelated and interdependent. The improvement of one right facilitates advancement of
the others. Likewise, the deprivation of one right adversely affects the others.

 Equal and non-discriminatory

Non-discrimination is a cross-cutting principle in international human rights law. The

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principle is present in all the major human rights treaties and provides the central theme
of some of international human rights conventions such as the International Convention
on the Elimination of All Forms of Racial Discrimination and the Convention on the
Elimination of All Forms of Discrimination against Women.
The principle applies to everyone in relation to all human rights and freedoms and it
prohibits discrimination on the basis of a list of non-exhaustive categories such as sex,
race, colour and so on. The principle of non-discrimination is complemented by the
principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights.

 Both Rights and Obligations

Human rights entail both rights and obligations. States assume obligations and duties
under international law to respect, to protect and to fulfill human rights. The obligation to
respect means that States must refrain from interfering with or curtailing the enjoyment
of human rights. The obligation to protect requires States to protect individuals and
groups against human rights abuses. The obligation to fulfill means that States must take
positive action to facilitate the enjoyment of basic human rights. At the individual level,
while we are entitled our human rights, we should also respect the human rights of others.

Convention on the Rights of Persons with Disabilities (CRPD)

The Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted
on 13 December 2006 at the United Nations Headquarters in New York, and was opened for
signature on 30 March 2007. There were 82 signatories to the Convention, 44 signatories to the
Optional Protocol, and 1 ratification of the Convention. This is the highest number of signatories
in history to a UN Convention on its opening day. It is the first comprehensive human rights
treaty of the 21st century and is the first human rights convention to be open for signature by
regional integration organizations. The Convention entered into force on 3 May 2008.
The Convention follows decades of work by the United Nations to change attitudes and
approaches to persons with disabilities. It takes to a new height the movement from viewing
persons with disabilities as “objects” of charity, medical treatment and social protection towards
viewing persons with disabilities as “subjects” with rights, who are capable of claiming those
rights and making decisions for their lives based on their free and informed consent as well as
being active members of society.

The Convention is intended as a human rights instrument with an explicit, social development
dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all
persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It
clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies
areas where adaptations have to be made for persons with disabilities to effectively exercise their
rights and areas where their rights have been violated, and where protection of rights must be
reinforced.

Guiding principles of the Convention2

There are eight guiding principles that underlie the Convention:

1. Respect for inherent dignity, individual autonomy including the freedom to make one's
own choices, and independence of persons
2. Non-discrimination
3. Full and effective participation and inclusion in society
4. Respect for difference and acceptance of persons with disabilities as part of
human diversity and humanity
5. Equality of opportunity
6. Accessibility
7. Equality between men and women
8. Respect for the evolving capacities of children with disabilities and respect for the right
of children with disabilities to preserve their identities

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https://en.wikipedia.org/wiki/Convention_on_the_Rights_of_Persons_with_Disabilities
Definition of disability

Article 2 (Definitions) does not include a definition of disability. The Convention adopts a social
model of disability, but does not offer a specific definition. The Convention's preamble (e)
explains that the Convention recognises:

...that disability is an evolving concept and that disability results from the interaction between
persons with impairments and attitudinal and environmental barriers that hinders their full and
effective participation in society on an equal basis with others

Article one (Purpose) further offers that:

Persons with disabilities include those who have long-term physical, mental, intellectual or
sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others.

However, the use of the term "include" should not be interpreted as excluding those who have
short term or fluctuating conditions.

Principle of "reasonable accommodation"

The Convention defines "reasonable accommodation" to be "necessary and appropriate


modification and adjustments not imposing a disproportionate or undue burden, where needed in
a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal
basis with others of all human rights and fundamental freedoms" at the Article 2 and demands
this all aspects of life including inclusive education.

Prevention of discrimination

The Article 8 of Convention stresses the awareness raising to foster respect for the rights and
dignity against discrimination:

1. To raise awareness throughout society, including at the family level, regarding persons
with disabilities, and to foster respect for the rights and dignity of persons with
disabilities.
2. To combat stereotypes, prejudices and harmful practices relating to persons with
disabilities, including those based on sex and age, in all areas of life.
3. To promote awareness of the capacities and contributions of persons with disabilities.
4. Initiating and maintaining effective public awareness campaigns designed: (i) to nurture
receptiveness to the rights of persons with disabilities. (ii) to promote positive
perceptions and greater social awareness towards persons with disabilities. (iii) to
promote recognition of the skills, merits and abilities of persons with disabilities, and of
their contributions to workplace and the labour market.
5. Encouraging all organs of the mass media to portray persons with disabilities in a manner
consistent with the purpose of the present Convention.
6. Promoting awareness-training programs regarding persons with disabilities and the rights
of persons with disabilities.

Article 27 – WORK AND EMPLOYMENT3

Article 27 of the convention on the rights of persons with disabilities, speaks about the
right for the work and employment conditions for the disabled persons;

1. States Parties recognize the right of persons with disabilities to work, on an equal basis
with others; this includes the right to the opportunity to gain a living by work freely chosen
or accepted in a labour market and work environment that is open, inclusive and accessible
to persons with disabilities. States Parties shall safeguard and promote the realization of the
right to work, including for those who acquire a disability during the course of
employment, by taking appropriate steps, including through legislation, to, inter alia:

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https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-
27-work-and-employment.html

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