Skip to main content

Table 1 Summary of the CRPD’s Provisions

From: Is the UN Convention on the Rights of Persons with Disabilities Impacting Mental Health Laws and Policies in High-Income Countries? A Case Study of Implementation in Canada

Articles 1–3 discuss the purpose of the treaty, the definitions of terms, and the general principles of the Convention.

Articles 4–9 assert the broad obligations of the state parties and draws attention to the specific measures they are expected to undertake. For example, Article 5–7 focuses on equality and non-discrimination, where state parties are asked to take all necessary measures to ensure equal enjoyment of human rights for women and children. Article 8 calls on state parties to promote awareness for disability rights in their jurisdictions.

Articles 10–30 are then focused on the specific rights of persons with disabilities. Specifically, Articles 10–16 discuss the legislative, administrative, and humanitarian obligations of state parties to persons with disabilities. Article 12 guarantees equal recognition before the law, requiring that “State Parties shall recognize that persons with disabilities have the right to recognition everywhere as persons before the law” (Art 12.1). Articles 15–17 mandate that state parties ensure “freedom from exploitation, violence and abuse”, “freedom from torture or cruel, inhuman or degrading treatment or punishment”, and a right to protection of “integrity of the person”. Articles 18–20 discuss freedom of movement, independency, and personal mobility, including “facilitating access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries including making them available at affordable cost” (Art 20 (b)). Articles 21–23 require state parties to facilitate access to information in formats that are appropriate for different kinds of disabilities, protection of privacy concerning personal, health and rehabilitation information, and elimination of discrimination in matters concerning relationships, marriage and parenthood. Articles 24 and 25 recognize the right of persons with disabilities to education and health at the highest attainable level. Articles 27–30 call for state parties to take effective measures in regards to equal opportunity in the workplace, adequate standard of living, the right to participate in politics, and cultural life.

The CRPD also includes implementation mechanisms that help ensure the Convention’s inspired rhetoric becomes reality. These are contained in Articles 31–50. Specifically, Article 32 recognizes the need for international and national programming to be inclusive and accessible to persons with disabilities. Article 33 requires state parties to set up a coordination mechanism within government to ensure monitoring of the Convention’s implementation. The establishment of a UN Committee on the Rights of Persons with Disabilities is discussed in Article 34, with Articles 35–40 expanding on the roles of the Committee’s experts, the submission of compliance reports by state parties every 4 years, and their expected content. Article 39 mentions that reports submitted by state parties will be examined every 2 years, after which the Committee may make suggestions and recommendations based on its review. Articles 41–50 focus on important formalities, such as signatures, consent, reservations, and amendments.