Standard Interpretation of the un convention on the Rights of Persons with Disabilities (crpd) from a Female Perspective Position and Reference Paper on the Significance of References to Women and Gender in the Convention on the Rights of Persons with



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Standard Interpretation of the UN Convention on the Rights of Persons with Disabilities (CRPD) from a Female Perspective

Position and Reference Paper on the Significance of


References to Women and Gender
in the Convention on the Rights of Persons with Disabilities

Prepared by

Dr. Sigrid Arnade

Sabine Haefner


Translated into English by Jessica Ring and Katharina Voss

[www.subtextnetwork.com]

The English translation was provided thanks to the generous support of the


filia foundation, Hamburg, Germany


Preface


This publication is a presentation of the results of a task with which we were commissioned in 2008. It concerns the interpretation of stipulations relating to women and gender as they are specified in the Convention on the Rights of Persons with Disabilities. This position and reference paper's goal is to clarify how the women and gender specifications in the Convention on the Rights of Persons with Disabilities can be interpreted, and to determine the ensuing practical consequences for the States parties. The idea of writing an interpretation of the articles relating to women goes back to our own strong engagement for the visibility of women with disabilities in the CRPD during the Convention negotiations.

Due to the support of the "filia" foundation (a "daughter of the women's movement"), we have now been able to have the paper translated into English. With this step, we hope to enrich the international discussion concerning the effective implementation of women with disabilities' human rights. During the translation process, some details from the first German edition were altered.

In this paper we dealt exclusively with those passages in the Convention on the Rights of Persons with Disabilities which explicitly refer to women/girls or gender. We are aware of the fact that the Convention includes other clauses that are significant for women and girls with disabilities. For example, this applies to article 23, from which one might deduce the right to parental assistance.

We hope this paper will be of help to all those who support the protection of disabled women's human rights and the improvement of their living conditions.

Berlin, March 2011

The authors


References and Abbreviations


The terms "disabled women" and "women with disabilities" are used synonymously. There are good linguistic and substantive arguments for both terms.

AHC Ad Hoc Committee

CED International Convention for the Protection of All Persons from Enforced Disappearance

CEDAW Convention on the Elimination of All Forms of Discrimination Against Women and Committee on the Elimination of Discrimination against Women

CERD Convention on the Elimination of All Forms of Racial Discrimination

CESCR Covenant on Economic, Cultural and Social Rights

CRC Convention on the Rights of the Child

CRPD Convention on the Rights of Persons With Disabilities

DBR Deutscher Behindertenrat: German Disability Council

ICCPR International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic, Cultural and Social Rights

ICPD International Conference on Population and Development

IDC International Disability Caucus – NGO Coalition during the negotiations

ILO International Labour Organisation

NGO Non-Governmental Organization

UDHR Universal Declaration of Human Rights

UN United Nations

UNESCO United Nations Educational, Scientific and Cultural Organization

WHO World Health Organization

Content


Standard Interpretation of the UN Convention on the Rights of Persons with Disabilities (CRPD) from a Female Perspective 1

Position and Reference Paper on the Significance of


References to Women and Gender
in the Convention on the Rights of Persons with Disabilities 1


Preface 2

References and Abbreviations 3

Content 4

A. Retrospectives 10

1.1.1. Eva Ullrich: A Retrospective of the Establishment of a Women’s/Gender Perspective in the UN Convention from the Perspective of a Member of the German Government Delegation 10

1.1.2. Interview with Theresia Degener, a Jurist and Woman with a Disability and Member of the German Government Delegation 16

1.1.3. Dr. Sigrid Arnade: The CRPD Negotiations from an NGO Representative’s Perspective 21

B. Background 28

1. The Convention’s Origins 28

1.1.1.1. History 28

1.1.1.2. The CRPD Negotiations 29

1.1.2. The Convention’s General Significance
(sans Consideration of the Specifications Relevant to Women) 32


1.1.3. The Multiple Discrimination of Disabled Women 35

1.1.4. The Consideration of Women With Disabilities in International Documents (Preceding the CRPD) 38

1.1.4.1. Documents referring to Disabled Persons 39

1.1.4.2. Documents and Conferences Dealing with Women 41

1.1.4.3. Other Human Rights Documents 43

1.1.4.4. Conclusion 44

1.1.5. The Evolution of Women and Gender Specifications in the CRPD 45

C. Comprehensive regulations relevant to Gender Equality or Women’s Rights 48

1. Equal Opportunities Regulations in the Preamble 48

1.1. "Gender" as Grounds of Discrimination in the Preamble, Paragraph p) 48

1.1.1.1.1. The Convention Text 48

1.1.1.1.2. Legal Significance 48

1.2. Gender Mainstreaming in the Preamble, Paragraph s) 51

1.2.1.1.1. The Convention Text 51

1.2.1.1.2. Legal Significance 51

1.2.2. Article 3, Paragraph d): The General Principle of the Equality of Men and Women 51

1.2.2.1. The Convention Text 51

1.2.2.2. Legal Significance of General Principles 52

1.2.2.3. The Principle of Gender Equality in Article 3, Paragraph g) 54

1.2.2.4. Legal Significance of the Gender Equality Principle 55

1.2.2.4.1. Legal Significance in Other Non Gender-Specific Human Rights Conventions 55

1.2.2.4.1.1. Sources 55

1.2.2.4.1.2. Measures Within the Gender Equality Principle’s Scope 58

1.2.2.4.2. Legal Significance of the Gender Equality Principle for the CRPD 59

1.2.2.5. Conclusion 60



1.2.3. Article 6: Women With Disabilities 61

1.2.3.1. The Convention Text 61

1.2.3.2. The CRPD's Article 6 as a Reinforcement of the Gender Equality Principle 61

1.2.3.3. Article 6 in Detail 62

1.2.3.3.1. Article 6, Paragraph 1, First Half Sentence 62

1.2.3.3.1.1. Text Development 62

1.2.3.3.1.2. Legal Significance 63

1.2.3.3.2. Article 6, Paragraph 1, Second Half Sentence 64

1.2.3.3.2.1. Text Development 64

1.2.3.3.2.2. Legal Significance 65

1.2.3.3.3. Article 6, paragraph 2 CRPD 70

1.2.3.3.3.1. Text Development 70

1.2.3.3.3.2. Legal Significance 70

1.2.3.4. Article 6 – Conclusion 74

1.2.3.5. Examples of an Implementation of Article 6 76

1.2.3.5.1. The Right to Education (Article 24 CRPD) 76

1.2.3.5.1.1. Content of Article 24 CRPD 76

1.2.3.5.1.2. The Multiple Discrimination of Women and Girls Concerning their Recourse to an Equal Right to Education 76

1.2.3.5.1.3. Antidiscrimination Measures 77

1.2.3.5.1.4. Appropriate Measures as Defined in Article 6, Paragraph 2 78

1.2.3.5.2. Work and Employment (Article 27 CRPD) 79

1.2.3.5.2.1. Content of Article 27 CRPD 79

1.2.3.5.2.2. The Multiple Discrimination of Women and Girls Concerning Their Recourse to an Equal Right to Work and Employment 79

1.2.3.5.2.3. Antidiscrimination Measures 80

1.2.3.5.2.4. Appropriate Measures as Defined in Article 6, Paragraph 2 80

D. Interpretation of the Other References to Women/Gender in the Convention 82

1. Article 8: Awareness-raising 82

1.1.1.1. The Convention Text 82

1.1.1.2. Rationale 83

1.1.1.3. References in Other UN Documents 83

1.1.1.4. Experiences with the Application of other Conventions 84

1.1.1.4.1. Convention on the Elimination of All Forms of Racial Discrimination (CERD) 84

1.1.1.4.2. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 85

1.1.1.5. Consequences 86



1.1.2. Preamble, Paragraph q) and Article 16:
Freedom from Exploitation, Violence and Abuse 87

1.1.2.1. The Convention Text 87

1.1.2.2. Violence against Women in International Human Rights 88

1.1.2.3. Legal Significance of the Preamble, Paragraph q) 89

1.1.2.4. Legal Significance of Article 16, Paragraph 1 90

1.1.2.5. Legal Significance of Article 16, Paragraph 2 93

1.1.2.6. Legal Significance of Article 16, Paragraph 4 96

1.1.2.7. Legal Significance of Article 16, Paragraph 5 97

1.1.2.8. Summary of the Consequences of Article 16 for Germany 98

1.1.2.8.1. Preventative Measures/Protective Measures 99

1.1.2.8.2. Measures to Support Girls and Women with Disabilities Who Have Experienced Violence 99

1.1.3. Article 25: Health 101

1.1.3.1. The Convention Text 101

1.1.3.2. Rationale 102

1.1.3.3. Text Development 103

1.1.3.3.1. Gender-sensitive Health and Rehabilitation Services 103

1.1.3.3.2. The Ensuring of Sexual and Reproductive Health Services 104

1.1.3.4. Legal Significance of Article 25 106

1.1.3.4.1. Normative Content of the Right to Health 106

1.1.3.4.2. Progressive and Immediate State Obligations 108

1.1.3.5. Legal Significance of Article 25, Paragraph 1, sentence 2 (chapeau) –


Gender-sensitive Health and Rehabilitation Services 109

1.1.3.5.1. Translation Problem in Germany 109

1.1.3.5.2. Requirement of Gender-sensitive Health Care Services in other Human Rights Documents 110

1.1.3.5.3. Guidelines for the Creation of Gender-Sensitive Health and Rehabilitation Services 112

1.1.3.6. Legal Significance of Article 25, Paragraph a) –
Ensuring Health Care Services in the Area of Sexual and Reproductive Health 113

1.1.3.6.1. Translation Problem in Germany 113

1.1.3.6.2. A New Human Right? 114

1.1.3.6.3. Consequences for the Sexual and Reproductive Health Care of Women with Disabilities 118

Article 28: Adequate Standard of Living and Social Protection 121

1.1.3.7. The Convention Text 121

1.1.3.8. Rationale 122

1.1.3.9. Text Development 122

1.1.3.10. Legal Significance of Article 28 123

1.1.3.10.1. Article 28, Paragraph 1 – The Right to an Adequate Standard of Living 123

1.1.3.10.2. The Right to Social Protection 125

1.1.3.10.3. Art. 28, Paragraph 2 b) –


Social Protection and Poverty Reduction Programmes 127

1.1.3.11. Conclusion 128



1.1.4. Article 34: Committee on the Rights of Persons with Disabilities 129

1.1.4.1. The Convention Text 129

1.1.4.2. Rationale 131

1.1.4.3. Specifications in Other UN Conventions 131

1.1.4.4. The Composition of Other Committees 132

1.1.4.5. Legal Significance of the Gender Reference in Article 34 133



E. Outlook 133

1. Information 134

1.1.1. Ratification 134

1.1.2. Plan for Action 134

The Authors 136

Directory: Documents -> HRBodies -> CRPD -> DGD
HRBodies -> Right to liberty and security of person and freedom from arbitrary arrest and detention
HRBodies -> [United Nations Declaration on the right to peace] Preamble Provisions Sources
HRBodies -> The Relationship between De-Segregation Strategies, Cultural Autonomy and Integration in the Quest for Social Cohesion
HRBodies -> Length: 102 mins 24 secs Word length: 7,431
HRBodies -> Wwsf statement to the oewg on the Right to Peace
HRBodies -> United Nations A/hrc/res/S-21/1
HRBodies -> Moroccan minors and the internal frontiers of undocumented migration (Turin, Northern Italy, 2003-2009) Alice Rossi
HRBodies -> Sarah H. Cleveland
HRBodies -> A/hrc/25/crp. 1 A/hrc/25/CR
DGD -> 13th Session Day of General Discussion on the Right to Education for Persons with Disabilities

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