5.2 PRINCIPLES, STANDARDS, AND GUIDELINES
5.3 THE PROCESS TOWARD A CONVENTION
The issue of disability had been on the United Nations’ social development agenda since the begin-
ning of the organization. Its original focus, like that of most countries, was on disabled veterans,
soldiers who had been wounded in World War II. Nonveteran, nonmale persons with disabilities
were largely invisible. It was assumed that the rights of persons with disabilities were protected by
the human rights standards expressed in the Universal Declaration of Human Rights adopted by the
United Nations in 1948.
As the twentieth century progressed, more and more human rights advocates recognized that
detailed norms would have to be agreed upon if the rights of particular segments of the population
were to be adequately protected. Perhaps the first to recognize this were advocates for women’s
human rights, who sensed that the mere prohibition of discrimination on the basis of gender was not
sufficient to promote enjoyment of other human rights. Advocates for the rights of persons with dis-
abilities took note of these developments. They pressed successfully in the United Nations General
Assembly to have 1982 designated as International Year for Disabled Persons. The end result of the
year was the drafting of a World Plan of Action Concerning Disabled Persons and its adoption by
the General Assembly. The World Plan mentioned accessibility mostly in terms of stating that human
settlements, transportation, and information should be accessible, but not elaborating further.
By 1988, there was a concern among the members of the community concerned with disability
that the World Plan was not functioning as well as it should and that member states were not taking
it seriously. At a meeting of the Commission for Social Development, delegates from Sweden and
Italy worked together so that their delegations pushed for an international human rights convention
for persons with disability, but this was not strongly supported. As a compromise the Commission
for Social Development decided to begin the process of drafting an intermediate type of human
rights document, a declaration that would try to specify what states should do but would not have the
status of a treaty. The commission proposed that a process begin to draft what were called Standard
Rules for the Equalization of Opportunities for Persons with Disabilities, using the World Plan as
its basis.
The process of negotiating the text included full participation of representatives of interna-
tional nongovernmental organizations (NGOs) concerned with disability such as Disabled Peoples’
International, the World Blind Union, and the World Federation of the Deaf, either as nongovern-
mental organizations or in national delegations. As a result, the draft text reflected much of the views
held by organizations representing persons with disabilities.
The content of the rules was negotiated rather quickly, partly because many of the rules were
vague and subject to interpretation but also because most of the negotiators were genuinely commit-
ted to the cause of disability.
Instead of being concerned with the content of the rules, the main debates in the committee were
focused on the monitoring mechanism. The persons with disability wanted a monitoring committee
to be funded from the regular budget of the organization. Governments, especially those that were
major contributors to the UN budget, were opposed to additional expense. The end result was a com-
promise creating the post of Special Rapporteur, an independent, outside expert who could report on
the extent to which the Standard Rules were implemented.
5.4 THE CONVENTION
The Standard Rules do not have the same status as a convention. In international treaty law, a conven-
tion is mandatory for all states that become party to it. Drafting and ratifying an international con-
vention is usually lengthy. In most countries, an international convention takes on the same status as
domestic law adopted by Parliament, and in most countries acceptance of an international convention
means that all national laws, regulations, and procedures have to be brought into conformity with the
convention. Governments are not legally obligated to implement the rules’ provisions. Rather, they
accept a moral obligation to implement as many of the provisions as they can.