Human rights concepts under the CRPD
The general and specific obligations imposed on State parties to the CRPD regarding the human rights and fundamental freedoms of persons with disabilities aim to protect the civil and political, and economic, social and cultural rights of people with disabilities and their right to development. State parties have an immediate obligation to respect, protect and fulfil the civil and political rights enshrined in the CRPD, however, economic, social and cultural rights may be progressively realised. The concept of “progressive realisation” recognises that State parties may not be able to ensure instant realisation of economic, social and cultural rights due to the limits of available resources. State parties, however, must still satisfy 'minimum essential levels' of such rights and continue to work progressively towards their full realisation.
The CRPD modifies and adds to traditional human rights concepts through the incorporation of detailed disability specific interpretations of 'traditional' human rights concepts. Thus, the CRPD transforms the protections against interference with rights into positive obligations. For example, the right to 'Freedom of expression and opinion and access to information' extends the protection against state interference with personal opinion and expression into an obligation to provide public information in all accessible formats, and to recognise sign languages, Braille and other methods of communication.
A right to 'personal mobility' is also provided for in the CRPD requiring State parties to take effective measures to ensure persons with disabilities enjoy maximum possible personal mobility and independence, and to ensure that mobility aids, devices and assistive technologies are of good quality and are affordable.
Ratification of the CRPD should eradicate discrimination to which persons with disabilities are subject in areas such as education, moving around freely, living independently in the community, obtaining employment, accessing information and health care, exercising political rights such as voting and exercising autonomy.
The legal, political, social, cultural and economic benefits arising from ratification of the CRPD include:
• the promotion of human dignity, equality and mutual respect
• the imposition of responsibilities and implementation obligations, and ensuring accountability, on the part of governments
• the promotion of a human rights-respecting culture in Australia.
Having a human rights approach to disability and disadvantage:
• empowers marginalised and vulnerable individuals, communities and groups
• provides a framework for the development of more effective, efficient and holistic public and social policy
• promotes a more flexible, responsive, individualised and 'consumer friendly' public and social services
• assists in developing more effective social inclusion and poverty reduction strategies.
In terms of the Optional Protocol, the desired benefits arising from ratification of the treaty include:
• complementing and strengthening existing domestic protection mechanisms of the rights of persons with disabilities
• promoting systemic analysis and the changing of laws and policies affecting the rights of persons with disabilities
• enhancing public awareness and understanding of the human rights of persons with disabilities
• providing an effective remedy in respect of the violations of rights.