Abstract
Article 32 provides, for the first time in a human rights treaty, a legal framework to sustain inclusive development requiring that international cooperation, including development programs, be inclusive and accessible to persons with disabilities. In line with the paradigm shift enshrined in the CRPD, the truly innovative approach of Article 32 is that international cooperation is directed towards the realization of the Convention’s purpose and objectives going beyond the traditional focus on economic, social and cultural rights. Under Article 32, international cooperation is not limited to north–south cooperation, including also north–north and south–south cooperation, and cooperation between States Parties and third States. It also involves universal and regional organizations, and DPOs’.
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Notes
- 1.
See Article 1 requiring States Parties to “Promote new forms of international cooperation to support national efforts in the benefit of persons with disabilities, and achieve the objectives of this Convention.” In addition, international cooperation was included among the tasks of the Conference of States Parties (Article 19) and the functions of the Committee of Experts on the Rights of Persons with Disabilities (Article 20). For the text, see A/AC.265/WP.1.
- 2.
For the summary of the discussions, see A/AC.265/2004/WG/1, Annex II.
- 3.
Para. (i) read as follows: “Emphasizing the importance of international cooperation to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities.” The following alternative formulation was also proposed for consideration: “Recognizing the importance of international cooperation for improving the living conditions of persons with disabilities in every country, in particular in the developing countries.” Article 19, para. 2 (f), was worded as follows: “Promote universal design and international cooperation in the development of standards, guidelines and assistive technologies.” See A/AC.265/2004/WG/1, Annex I.
- 4.
For the texts of these proposals, see A/AC.265/2004/5. http://www.un.org/esa/socdev/enable/rights/ahc3reporte.htm. Accessed April 20, 2015.
- 5.
http://www.un.org/esa/socdev/enable/rights/ahc6facilitator.htm. Accessed April 20, 2015.
- 6.
Daily summary of discussion at the sixth session, August 1, 2005. http://www.un.org/esa/socdev/enable/rights/ahc6sum1Aug.htm. Accessed April 20, 2015.
- 7.
Article 4 of the CRC reads: “States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.”
- 8.
Daily summary of discussion at the sixth session, cit. It is worth recalling that on January 19, 2006, the European Parliament adopted a resolution on disability and development that called on the Council and the Commission to support a separate article on international cooperation in the CRPD as “a necessary foundation for collaborative actions among developing countries and between developing countries and the EU” (para. 6).
- 9.
Among others, the African Group, Chile, El Salvador, Republic of Korea, Russian Federation and Yemen.
- 10.
http://www.un.org/esa/socdev/enable/rights/ahcstata32ssrepchair.htm. For the revised draft text of Article 24 bis, see http://www.un.org/esa/socdev/enable/rights/ahcstata32ssfacilitator.htm. Accessed April 20, 2015.
- 11.
See comments, proposals, and amendments on Article 32 submitted at the seventh session http://www.un.org/esa/socdev/enable/rights/ahcstata32sevscomments.htm. See the Facilitator’s text on International Cooperation of February 1, 2006 http://www.un.org/esa/socdev/enable/rights/ahc7facilitator.htm. Accessed April 20, 2015. The Ad Hoc Committee adopted the CRPD, including the Optional Protocol, as a whole and without a vote at its eighth session (20th meeting, on August 25, 2006); see the Report A/AC.256/2006/4 and Add.1.
- 12.
- 13.
See UNGA Resolution 48/96 of December 20, 1993.
- 14.
See Stein et al. (2013), p. 276.
- 15.
The WHO and the World Bank have underlined that “disability is a development issue, because of its bidirectional link to poverty: disability may increase the risk of poverty, and poverty may increase the risk of disability”; see WHO and the World Bank (2011), p. 10. See also Yeo (2001); Stein and Stein (2014); Ghosh et al. (2016), pp. 81–97; Lord, Stein ‘Charting the Development of Human Rights Law Through the CRPD’ in this Commentary.
- 16.
See UN-DESA, OHCHR, IPU (2007), p. 8; Mattioli (2008); Katsui (2008); Maclachlan and Swartz (2009); WHO and the World Bank (2011), p. 11. It was observed that the CRPD contains several provisions that make reference, even implicitly, to the right of persons with disabilities to be included in national development and poverty reduction schemes, such as Articles 9, 11, 27, 28, and those concerning vulnerable groups, such as women (Article 6) and children (Article 7); see Stein et al. (2013), pp. 276–277.
- 17.
- 18.
The OHCHR outlined that Article 32, para. 1, mentions cooperation “among States.”
- 19.
On the role of the EU in international cooperation, see infra, para. 5.
- 20.
See, for instance, the Global Partnership for Disability and Development (GPDD), a global initiative established by the World Bank to strengthen international cooperation in order to advance the inclusion of disability issues and considerations into mainstream social and economic development efforts. The GPDD’s membership is an alliance of government ministries, bilateral and multilateral donors, UN agencies, NGOs, DPOs, national and international development organizations, and other organizations committed to enhancing the rights of people with disabilities and inclusive development (see GPDD, Report for OHCHR on Article 32, http://webcache.googleusercontent.com/search?q=cache:R90yytThbkcJ:www2.ohchr.org/english/issues/disability/docs/study/GPDD_Report_Article_32.doc+&cd=1&hl=it&ct=clnk&gl=it. Accessed April 26, 2015). On the involvement of the International Finance Institutions (IFIs) in implementing Article 32 of the CRPD, see Stein and Stein (2014).
- 21.
Cf. van Veen et al. (2013).
- 22.
See Article 9 [Accessibility] in this Commentary.
- 23.
See OHCHR (2010), para. 11.
- 24.
Stein and Stein (2014), pp. 1263–1264, emphasize that “Mainstreaming and targeting disability in development via a human rights approach is vital for developing inclusive societies and fulfilling the human rights of individuals with disabilities.”
- 25.
See the Report of the SG “Mainstreaming disability in the development agenda,” E/CN.5/2012/6, para. 12.
- 26.
See Article 11 [Situations of Risk and Humanitarian Emergencies] in this Commentary.
- 27.
See more at http://hrbaportal.org/the-human-rights-based-approach-to-development-cooperation-towards-a-common-understanding-among-un-agencies. Accessed April 26, 2015.
- 28.
- 29.
The Heads of States and Government of the UN Members at the Millennium Summit of September 2000 agreed the MDGs , see UNGA Resolution 55/2 “UN Millennium Declaration.” On the MDGs , see Alston (2005), p. 755 et seqq.; WHO and the World Bank (2011), pp. 11–12; Langford et al. (2013). See also the Report of the SG of 2015 titled “The Millennium Development Goals Report” http://www.un.org/millenniumgoals/2015_MDG_Report/pdf/MDG%202015%20rev%20(July%201).pdf. Accessed July 25, 2015.
- 30.
- 31.
To date, persons with disabilities make up an estimated 15 % of the world’s population, about one billion people, of whom an estimated 80 % live in developing countries. See the note of the SG “Mainstreaming disability in the reduction of poverty and inequality,” CRPD/CSP/2015/2, para. 3.
- 32.
UNGA Resolution 65/1 of September 22, 2010, para. 28.
- 33.
http://www.un.org/disabilities/default.asp?id=1590. Accessed April 26, 2015. See Vandemoortele (2012).
- 34.
See the “Outcome document of the high-level meeting of the General Assembly on the realization of the Millennium Development Goals and other internationally agreed development goals for persons with disabilities: the way forward, a disability inclusive development agenda towards 2015 and beyond.” Cf. Silecchia (2013), pp. 101–102.
- 35.
The HRC, with Resolution 26/20 of June 2014, included in the mandate of the Special Rapporteur on the rights of persons with disabilities the task to contribute to the realization of the MDGs for persons with disabilities and to promote inclusive and accessible development.
- 36.
See Resolution 68/3, Part II. Realizing the development goals for persons with disabilities towards 2015 and beyond, para. 4. See also the “Statement of the Committee on the Rights of Persons with Disabilities on including the rights of persons with disabilities in the post 2015 agenda on disability and development,” adopted in May 2013, where it is recognized, among others, that “development goals in the post-2015 agenda, in order to be sustainable, should be rooted in a human rights-based approach; take into account the enjoyment by all persons with disabilities of their civil, political, economic, social and cultural rights,” http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx. Accessed April 26, 2015.
- 37.
See UNGA Resolution 69/142 of December 18, 2014, para. 20.
- 38.
The panel discussion was held on June 13, 2016. At Rio + 20, the UN Conference on Sustainable Development, Member States agreed to establish an intergovernmental process to develop a set of SDGs to help drive the implementation of sustainable development. The Rio + 20 outcome document entitled “The Future We Want” also called for the goals to be coherent with the UN development agenda beyond 2015. The outcome document contained several references to disability, highlighting, inter alia, that sustainable development requires the meaningful involvement and active participation of persons with disabilities (see paras. 43, 135, 229 and 58). In September 2013, a 30-member Open Working Group (OWG) of the UNGA was tasked with preparing a proposal on the SDGs , which was submitted to the UNGA in July 2014. https://sustainabledevelopment.un.org//index.php?menu=1565. Accessed April 22, 2015. On SDGs , see Sachs (2012).
- 39.
The importance of including a disability-perspective in the post-2015 agenda was also highlighted by the SG; see “A life of dignity for all: accelerating progress towards and advancing the United Nations development agenda beyond 2015,” A/68/202; “The road to dignity by 2030: ending poverty, transforming all lives and protecting the planet,” A/69/700.
- 40.
See the outcome document titled “Transforming Our World: the 2030 Agenda for Global Action,” http://www.un.org/disabilities/documents/gadocs/draft_proposal_sdgs.pdf. Accessed July 18, 2015. The Agenda sets out “17 Sustainable Development Goals with 169 associated targets which are integrated and indivisible” (para. 17) and encompasses all human rights” to ensure that human rights and fundamental freedoms are enjoyed by all without discrimination on several grounds, including disability (para. 18). A final negotiation session to finalize the outcome document was held from 20 to 31 July 2015.
- 41.
The Expert Group Meeting was convened by Division for Social Policy and Development (DSPD) of DESA, together with the UN Economic and Social Commission for Western Asia (UNESCWA) under the theme “Disability and development: operationalizing the post-2015 development agenda for persons with disabilities.” http://www.un.org/disabilities/default.asp?navid=15&pid=1631. Accessed April 22, 2015.
- 42.
See the note of the Secretariat “Mainstreaming disability in reduction of poverty and inequality,” CRPD/CSP/2015/2. See also the Report of the eight session of the CSP, advance unedited text, CRPD/CSP/2015/5.
- 43.
See UNGA Resolution 70/1 of September 25, 2015. The contents of the outcome document comply with the final draft of July 2015.
- 44.
- 45.
“External Action” is one of the eight main areas identified by the Strategy; see Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, “European Disability Strategy 2010–2020: A Renewed Commitment to a Barrier-Free Europe,” COM(2010) 636 final, p. 9.
- 46.
See European Parliament resolution of October 23, 2012 on “An Agenda for Change: the future of EU development policy” (2012/2002(INI).
- 47.
See European Commission, “Report on the Implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) by the European Union,” SWD(2014) 182 final, para. 206.
- 48.
Regulation (EU) No 233/2014 of the European Parliament and of the Council of March 11, 2014 establishing a financing instrument for development cooperation for the period 2014–2020, OJ L 77/44, 15.3.2014.
- 49.
Regulation (EU) No 235/2014 of the European Parliament and of the Council of March 11, 2014 establishing a financing instrument for democracy and human rights worldwide, OJ L 77/85, 15.3.2104.
- 50.
Regulation (EU) No. 231/2014 of the European Parliament and of the Council of March 11, 2014 establishing an Instrument for Pre-accession Assistance (IPA II), OJ L 77/11, 15.3.2104.
- 51.
See Council Regulation (EC) No. 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No. 1260/1999, OJ L 210/25, 31.7.2006.
- 52.
Between 2008 and 2012, the EU supported some 300 disability-specific projects run by civil society organizations in 87 developing countries, for a total of some EUR 140 million; see European Commission, cit., para. 207.
- 53.
For the measures adopted by the Commission to mainstream disability, see European Commission, cit., paras. 208–209.
- 54.
The European Commission contributed to preparatory work for the HLMDD of September 2013 and hosted a European regional consultation meeting in April 2013 on the mainstreaming of disability in the post-2015 development framework. Furthermore, the sixth High Level Group Report on the implementation of the CRPD (2013) addressed the theme of disability and development cooperation and provided information on how the Member States and the EU were implementing Article 32 of the CRPD. http://ec.europa.eu/justice/discrimination/files/dhlg_6th_report_en.pdf. Accessed April 23, 2015.
- 55.
See, respectively, “A decent life for all: Ending poverty and giving the world a sustainable future,” 4 COM(2013)92; “Beyond 2015: towards a comprehensive and integrated approach to financing poverty eradication and sustainable development,” 1COM(2013)531.
- 56.
See “A decent life for all: From vision to collective action,” COM(2014)335.
- 57.
See, respectively, “The overarching post-2015 agenda,” 11559/13; “Financing poverty eradication and sustainable development beyond 2015,” 17553/13.
- 58.
See “A transformative post-2015 agenda,” 16827/14.
- 59.
See the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, “A Global Partnership for Poverty Eradication and Sustainable Development after 2015,” COM(2015) 44 final.
- 60.
The Committee also noted that for the 2014–20 programming period, the European Structural and Investment Funds (ESI Funds) Regulations contain provisions that reflect the CRPD and enhance the promotion of equality, non-discrimination, inclusion, and accessibility for persons with disabilities through actions under the Funds (see Concluding Observations on the initial report of the European Union, CRPD/C/EU/CO/1, October 2, 2015, paras. 4–5).
- 61.
The Committee also recommended to put in place mechanisms to disaggregate data on disability to monitor the rights of persons with disabilities in EU development programs and to interrupt any international development funding that is used to perpetuate the segregation of persons with disabilities and reallocate such funding towards projects and initiatives that aim at compliance with the Convention. See the Concluding Observations on the initial report of the European Union, cit., para. 75.
- 62.
See Guernsey et al. (2007), pp. 16–17.
- 63.
CRPD Committee, Concluding Observations on the initial report of Germany, CRPD/C/DEU/CO/1, April 17, 2015, para. 60.
- 64.
- 65.
- 66.
Each pillar provides for concrete actions to be carried out. The English version of the Action Plan is available at http://www.cooperazioneallosviluppo.esteri.it/pdgcs/Documentazione/NormativaItaliana/2013_10_30_PDA-ITALIANO-ESEC.pdf. Accessed April 27, 2015.
- 67.
See the Action Plan, cit., p. 13 ff. See also the Sixth High Level Group Report on the implementation of the UN Convention on the Rights of Persons with Disabilities of September 2013, which addressed the theme of disability and development cooperation and provided information on how the Member States and the EU implemented Article 32 of the CRPD (http://ec.europa.eu/justice/discrimination/files/dhlg_6th_report_en.pdf. Accessed April 23, 2015). With regard to Italy, see the Report, p. 149 et seqq., and also Rete italiana disabilità e sviluppo (2015). In 2015, the Italian Ministry of Foreign Affairs and International Cooperation elaborated a “Handbook on humanitarian aids and disability” http://www.cooperazioneallosviluppo.esteri.it/Pdgcs/Documentazione/Vademecum_ENG_23.11.2015.pdf. Accessed February 15, 2016.
- 68.
The CERMI (Spanish Committee of Representatives of Persons with Disabilities) in cooperation with AECID published in November 2012 a report titled “The situation of disability in the Spanish policy of development cooperation,” which can be used as a guideline to integrate disability matters in development cooperation. See the Sixth High Level Group Report, cit., p. 143 et seqq.
- 69.
This goal included the following action fields: integration into strategic guidance, monitoring and evaluation mechanism; participation of experts with disabilities; several programs for persons with disabilities; inclusive design of programs in ten partner countries in five sectors (primary education, vocational education and training, social protection, health, “democracy, civil society and public administration”); training of personnel in German development cooperation on the issue of disability; inclusive development knowledge management and research. For more information, see the Sixth High Level Group Report, cit., pp. 134–136. For the German policy on disability and cooperation, see also Mattioli (2008), pp. 28–29.
- 70.
Despite these achievements, the CRPD Committee has made some recommendations to Germany concerning international cooperation and development, in particular related to the MDGs (see the Concluding Observations on the initial report of Germany, cit., paras. 59–60).
- 71.
http://www.entwicklung.at/uploads/media/development_cooperation_law_01.pdf. Accessed April 26, 2015.
- 72.
http://www.entwicklung.at/uploads/media/ThreeYearProgramme_13-15.pdf. Accessed April 26, 2015.
- 73.
http://www.entwicklung.at/uploads/media/Manual_Persons_with_disabilities.pdf. The handbook must be read in conjunction with the following policy documents: “Human Rights,” where the promotion of the rights of persons with disabilities is one specific area; “Good Governance,” which mentions persons with disabilities as one of the priorities within the human rights program; ADC “Human Rights Manual,” which provides guidance to staff and project partners in implementing the human-rights-based approach to development, including the rights of persons with disabilities as a sector and cross-cutting issue, and the Focus paper “Persons with disabilities in ADC” on the relevance of disabled people in development cooperation and ADA’s approach to inclusive development. See the Sixth High Level Group Report, cit., p. 162.
- 74.
See the Report of the SG, “Mainstreaming disability in the development agenda: towards 2015 and beyond,” E/CN.5/2013/9, para. 14. On the US disability law and its relation with the CRPD, see Stein et al. (2010).
- 75.
See the Sixth High Level Group Report, cit., p. 176. At the time of writing, Finland had not yet ratified the CRPD. The ratification took place in May 2016.
- 76.
See CRPD Committee, Concluding Observations on the initial report of Sweden, CRPD/C/SWE/CO/1, May 12, 2014, paras. 59–60; New Zealand, CRPD/C/NZL/CO/1, October 31, 2014, para. 72.
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Della Fina, V. (2017). Article 32 [International Cooperation]. In: Della Fina, V., Cera, R., Palmisano, G. (eds) The United Nations Convention on the Rights of Persons with Disabilities. Springer, Cham. https://doi.org/10.1007/978-3-319-43790-3_36
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