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Persons with disabilities remain amongst the most marginalized in every society. While the international human rights framework has changed lives everywhere, persons with disabilities have not reaped the same benefits. Regardless of a country’s human rights or economic situation, they are generally the last in line to have their human rights respected. Being denied the opportunities that would enable them to be self-sufficient, most persons with disabilities resort to the kindness or charity of others. In recent years, there was a growing realization throughout the world that continuing to deny 650 million individuals their human rights was no longer acceptable. It was time to act.
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Over 650 million persons around the world live with disabilities. Add to that their extended families, and a staggering two billion people daily live with disabilities. In every region in the world, in every country in the world, persons with disabilities often live on the margins of society, deprived of some of life’s fundamental experiences. They have little hope of going to school, getting a job, having their own home, creating a family and raising their children, enjoying a social life or voting. For the vast majority of the world’s persons with disabilities, shops, public facilities and transport, and even information are largely out of reach.
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The Convention on the Rights of Persons with Disabilities is not the first human rights instrument to deal with disability concerns. However, unlike its predecessors, it offers persons with disabilities an unprecedented level of protection. The Convention details the rights that all persons with disabilities should enjoy, and the obligations of States and other actors to ensure they are respected.
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All legally-binding international human rights treaties have a monitoring component and this Convention is no exception. Like the monitoring mechanisms found in other human rights treaties, the procedure outlined in the Convention promotes constructive dialogue with States to ensure that the Convention’s provisions are implemented effectively. Monitoring also implies the right of individuals to complain and seek a remedy. Monitoring mechanisms foster accountability and, over the long term, strengthen the capacity of parties to fulfil their commitments and obligations.
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The means by which an international treaty enters into national legislation differs depending on the parliamentary system and national procedures. However, in all cases States have to take a number of steps to become parties to the Convention and Optional Protocol. These measures are standard practice under international law.
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It is a basic principle of international law that a State party to an international treaty must ensure that its own domestic law and practice are consistent with what is required by the treaty. In some cases, the treaty may give general guidance on the measures to be taken. In others, the treaty includes specific stipulations. The Convention on the Rights of Persons with Disabilities contains both kinds of provisions. Parliament thus has a critical role in ensuring that the legislative measures required by the Convention are adopted.
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Implementing the Convention does not only require appropriate legislation and policies; it also requires financial resources and institutions that have the capacity to both implement and monitor those laws and policies. Indeed, article 33 of the Convention requires States parties to establish specific mechanisms to strengthen implementation and monitoring of the rights of women, men and children with disabilities at the national level. The Convention requires States to
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The secretariat for the Convention on the Rights of Persons with Disabilities-DESA is the focal point within the United Nations Secretariat on disability matters. It acts as a clearinghouse for information on disability issues; prepares publications; promotes national, regional and international programmes and activities; provides support to Governments and civil society; and gives substantial support to technical cooperation projects and activities. It is also responsible for servicing the Conference of State Parties as specified by the Convention on the Rights of Persons with Disabilities. The secretariat is located in the Division for Social Policy and Development, a part of the Department of Economic and Social Affairs in New York.