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 
PrefaceThis 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 AbbreviationsThe 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
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
1.1.4.1. 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. "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
1.2.2.1. 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
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
1.1.3.1. 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) –
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 Download 480.53 Kb. Share with your friends:
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