Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
APARAJITA TRIPATHI Enjoy reading this study guide and be sure to make the most of it. I look forward
Under-Secretary-General for Business to meeting all of you in Singapore!
Sincerely,
Ioana Calcev
USG General Assembly
Harvard WorldMUN 2011
ga@worldmun.org
Letter from the Chair
Topic A: Disabled
Persons
S TATEMENT OF THE PROBLE M
E stimates of the number of disabled people in the
world vary according to the different definitions
and parameters used when counting the disabled.
According to the World Health Organization disabled
people make up between 4 to 17 percent of the world
population with variations between developed and
developing countries and rural and urban areas.3 In
general, the UN considers it appropriate to estimate
approximately 10 percent of every community is
disabled . In 1989, UNICEF calculated that there were
514 million disabled people (a number much increased
by now due to the increase of the world population)
and about 75-80 percent of those disabled live in the
developing world.4 Moreover, one out of every four Human Rights High Commissioner Louise Arbour
people will face a mental disorder, in some context http://genevalunch.com/blog/2008/03/04/louise-ar-
considered as a disability, at some point in their life.5 bour-rumoured-to-be-leaving-human-rights-post/
One can therefore understand why the there is a clear link between poverty and impairments
SOCHUM committee would focus on the issue of since causes such as malnutrition, war accidents,
disability. The issue is central not only as a societal, and infectious and non infectious diseases tend to
developmental and cultural issue, but also as an issue be prevalent in the developing world where poverty
that is directly linked to the issue of poverty, welfare as reigns.6
well as to that of the advancement of women and the The issues surrounding disabled persons start
protection of children. first of all with the definition of the word and thus
According to a DAA (Disability in Action)/ the definition of who is to be considered disabled.
UNESCO report (1995),malnutrition accounts for Although in the developing world disability is linked
20 percent of the disabled population, accidents to benefits that the disabled get as part of welfare plans,
(including trauma and war injuries ) accounts for in the rest of the world, where the majority of disabled
15.6 percent, infectious diseases for 11.2 percent, people live, disability isa source of discrimination and
non-infectious diseases for 20 percent, and congenital exclusion. This dangerous interrelation of poverty
diseases for 20 percent of the total disabled and disability puts the disabled in an inferior position
population. The issue of disability is not restricted to where exclusion is a natural occurrence and where the
the developed world; in fact it is more prevalent in the chances of escape are non-existent
developing world. As seen by the above percentages, The role of the United Nations is crucial in
T he issue of disability has been prominent in the Disabilities defines disabled persons according to
last 30 years in most international organizations. the following: “Persons with disabilities include those
Beforehand, little had been done despite the large who have long-term physical, mental, intellectual,
eugenics projects, sterilisations and experimentation or sensory impairments which in interaction with
that had taken place in Nazi Germany. It was only various barriers may hinder their full and effective
after the Universal Declaration of Human Rights participation in society on an equal basis with
(1948), the European Convention for the Protection of others.”11However extensive, the provision of a
Human Rights and Fundamental Freedoms (1949), the definition leads inherently to the exclusion of some
International Covenant on Civil and Political Rights people from the group of those benefitting from
(1966), and the International Covenant on Economic, support for disabled people.12
Social and Cultural Rights were voted that the issues Its definition is important not only because
of disability came to the surface and the Convention it affects the measures which are to be taken to deal
on the Rights of Persons with Disabilities was voted with the issue, but also more significantly, because
(2006).8 While I will not cover the history of the definitions tend to formulate the way in which society
movement, I am providing below a short overview thinks about disability. The last few decades have
of key treaties and key-points pertaining to disability seen an increase in the efforts to define disability,
theory. both in the international political community and the
In the 1970s the UN organized many medical one. Medical professionals first tried to design
rehabilitation programs for disabled persons, a definition based on the International Classification
programs that were the first steps towards the of Diseases which was focused on the results that
inclusion of disabled persons. In the 1980s the UN the disease or disorder had on the person involved.13
declared the first International Year of Disabled In 1980, the World Health Organization adopted
the International Classification of Impairments,
I n this relatively small section, I will be addressing a The Act noted that “the continuing
few important and interesting cases that have dealt existence of unfair and unnecessary discrimination
with disability in many areas of the world. and prejudice denies people with disabilities the
opportunity to compete on the equal basis and
US –The Americans with Disabilities Act (1990) to pursue those opportunities for which our free
Signed into law in 1990 by George W. society is justifiably famous.”32 The statute deals
Bush Sr., this Act is one of the most important with five sectors linked with disability: employment,
and inspirational in many ways document for the state and local governments, privately operated
international community, despite its application on an accommodations, goods and services available to
individual nation alone. The Act transformed both the the public, telecommunications and miscellaneous
conception of disabled people but it also transformed provisions.33The ADA was not only important because
the working environments and services in society. The of its breadth and coverage of principal issues
Act affected the way disabled people are hired, fired, regarding disabled subjects, but also because it enabled
their working spaces, access to public services and and empowered disabled persons. The ADA led to
T he European Disability Strategy 2010-2020 is not Nations Economic and Social Committee for Asia and
in fact a new project but rather a renewal of an Pacific declared that there is need for a third campaign
existing program. The EU Commission has set up a for 2013-2022. Moreover, the committee suggested
High Level Group of Member States’ Representatives that disability needs to be incorporated in the overall
on Disability, which will review initiatives and agenda for development for Asia Pacific.55
politics of governments regarding disabilities and
will draw ideas that can be applied elsewhere in the PAHO
EU too. The EU has also a budget (Budget line B3- The Pan American Health Organization has adopted
4111), which allows it to implement measures that guidelines for the protection of disabled people, with
support organizations for disabled people as well as a special focus on persons with mental problems. The
organizations that are run by disabled people.52 reason there is a focus on mental health problems
is because in Latin America especially, mental
Nations. On 26 November 1957 “the General Assembly as the need for the promotion of the full dignity of the
expressed the view that a balanced and integrated human person and the development and well-being of the
economic and social development would contribute society.”68
towards the promotion and maintenance of peace Most of the countries realized that the goals
and security, social progress and better standards of discussed in the UN were either very difficult to
living, and the observance of and respect for human achieve or unattainable due to structural obstacles that
rights and fundamental freedoms.”66A factor that led to problematized long-term commitment to these goals.69
the emergence of the right was also the 1973 Arab oil With the onset of the Cold War, much of the right to
embargo, which took place because of the Yom Kipur development was forgotten. However, with the fall of
War. Moreover, as the divide between the North and the communism and renewed optimism, countries returned
South widened, a “New International Economic Order” to discussing the right. In 1986 the General Assembly
was created. 67 adopted Resolution 41/128 which declares that there
In 1977 the General Assembly of the UN is a right to development with the Declaration on the
adopted a resolution that stated: Right to Development.70 What is unique about this right
“Human rights questions should be examined globally, is that it is not limited only to individuals, as are most
taking into account both the overall context of the various rights that are protected by the UN. Specifically, Article
societies in which they represent themselves as well 1 (2) of Resolution 51/128 declares that:
Special Olympics are one of the most noteworthy activities serving people with intellectual disabilities 2003
Olympics Ireland
http://commons.wikimedia.org/wiki/File:2003_Special_Olympics_Opening_Crowd.JPG
A
82
ccording to the Banjul Charter which was adopted
But what happens when this right is not ensured
in 1981 and Article 22:
by national governments? To what degree is the
“All peoples shall have the right to their economic, social
international community obliged to help? One of the
and cultural development with due regard to their
recent legal principles in the UN is the responsibility
freedom and identity and in the equal enjoyment of the
to protect (R2P). While the principle was created with
common heritage of mankind. States shall have the duty,
gross human rights violations in mind, many writers
individually or collectively, to ensure the exercise of the
have stated that it also implies duties for other rights.
right to development.”
While the Charter predates the resolution
The Responsibility to Protect
of the UN on the right to development, this regional
“T he ‘responsibility to protect’ should imply that
affected states, donor governments, and partner
agencies alike, make all efforts to bring sovereignty,
charter indicates that in the African context, the right to
development is seen as a collective right to be protected
by the nation and not simply one to be left to an
political will, mandates and resources into alignment
individual’s own agency to provide for his basic needs.
with better protection….”83France’s foreign minister,
In general, the African Union regrets the fact that there
Bernard Kouchner (who was one of MSF’s founders), has
is no collective protection of the right to development.
suggested invoking a UN principle of the “responsibility
While it agrees that there should be partnerships
to protect”84
created, it also notes that the focus of the discussion
During the 2005 World Summit, the UN
has unfairly shifted to the responsibility of the countries
General Assembly unanimously adopted the collective
themselves to provide for the protection of the right,
international “responsibility to protect” (R2P)
instead of trying to find ways in which countries can
populations from genocide, war crimes, ethnic cleansing,
collaborate to promote the right.87
and crimes against humanity. The World Summit
According to Professor Stephen Marks, there is a
Outcome document recognized the responsibility of all
T he United States’ position is rather ambiguous: while in the world live in conditions of poverty, and recognizing
the country recognizes the right to development, it the critical need to address the negative impact of poverty
Recognizing that development is a comprehensive economic, social, cultural and political process, which aims at
the constant improvement of the well-being of the entire population and of all individuals on the basis of their
active, free and meaningful participation in development and in the fair
distribution of benefits resulting therefrom,
Considering that under the provisions of the Universal Declaration of Human Rights everyone is entitled to a
social and international order in which the rights and freedoms set forth in that Declaration can be fully realized,
Recalling the provisions of the International Covenant on Economic, Social and Cultural Rights and of the
International Covenant on Civil and Political Rights,
Recalling further the relevant agreements, conventions, resolutions, recommendations and other instruments of
the United Nations and its specialized agencies concerning the integral development of the human being, economic
and social progress and development of all peoples, including those instruments concerning decolonization,
the prevention of discrimination, respect for and observance of, human rights and fundamental freedoms, the
maintenance of international peace and security and the further promotion of friendly relations and co-operation
among States in accordance with the Charter,
Recalling the right of peoples to self-determination, by virtue of which they have the right freely to determine their
political status and to pursue their economic, social and cultural development,
Recalling also the right of peoples to exercise, subject to the relevant provisions of both International Covenants
on Human Rights, full and complete sovereignty over all their natural wealth and resources,
Mindful of the obligation of States under the Charter to promote universal respect for and observance of human
rights and fundamental freedoms for all without distinction of any kind such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status,
Considering that the elimination of the massive and flagrant violations of the human rights of the peoples and
individuals affected by situations such as those resulting from colonialism, neo-colonialism, apartheid, all forms
Concerned at the existence of serious obstacles to development, as well as to the complete fulfilment of human
beings and of peoples, constituted, inter alia, by the denial of civil, political, economic, social and cultural rights,
and considering that all human rights and fundamental freedoms are indivisible and interdependent and that, in
order to promote development, equal attention and urgent consideration should be given to the implementation,
promotion and protection of civil, political, economic, social and cultural rights and that, accordingly, the
promotion of, respect for and enjoyment of certain human rights and fundamental freedoms cannot justify the
denial of other human rights and fundamental freedoms,
Considering that international peace and security are essential elements for the realization of the right to
development,
Reaffirming that there is a close relationship between disarmament and development and that progress in the field
of disarmament would considerably promote progress in the field of development and that resources released
through disarmament measures should be devoted to the economic and social development and well-being of all
peoples and, in particular, those of the developing countries,
Recognizing that the human person is the central subject of the development process and that development policy
should therefore make the human being the main participant and beneficiary of development,
Recognizing that the creation of conditions favourable to the development of peoples and individuals is the primary
responsibility of their States,
Aware that efforts at the international level to promote and protect human rights should be accompanied by efforts
to establish a new international economic order,
Confirming that the right to development is an inalienable human right and that equality of opportunity for
development is a prerogative both of nations and of individuals who make up nations,
Article 1
1. The right to development is an inalienable human right by virtue of which every human person and all peoples
are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in
which all human rights and fundamental freedoms can be fully realized.
2. The human right to development also implies the full realization of the right of peoples to self-determination,
which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise
of their inalienable right to full sovereignty over all their natural wealth and resources.
Article 2
1. The human person is the central subject of development and should be the active participant and beneficiary
2. All human beings have a responsibility for development, individually and collectively, taking into account the
need for full respect for their human rights and fundamental freedoms as well as their duties to the community,
which alone can ensure the free and complete fulfilment of the human being, and they should therefore promote
and protect an appropriate political, social and economic order for development.
3. States have the right and the duty to formulate appropriate national development policies that aim at the
constant improvement of the well-being of the entire population and of all individuals, on the basis of their active,
free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom.
Article 3
1. States have the primary responsibility for the creation of national and international conditions favourable to the
realization of the right to development.
2. The realization of the right to development requires full respect for the principles of international law concerning
friendly relations and co-operation among States in accordance with the Charter of the United Nations.
3. States have the duty to co-operate with each other in ensuring development and eliminating obstacles to
development. States should realize their rights and fulfil their duties in such a manner as to promote a new
international economic order based on sovereign equality, interdependence, mutual interest and co-operation
among all States, as well as to encourage the observance and realization of human rights.
Article 4
1. States have the duty to take steps, individually and collectively, to formulate international development policies
with a view to facilitating the full realization of the right to development.
2. Sustained action is required to promote more rapid development of developing countries. As a complement
to the efforts of developing countries, effective international co-operation is essential in providing these countries
with appropriate means and facilities to foster their comprehensive development.
Article 5
States shall take resolute steps to eliminate the massive and flagrant violations of the human rights of peoples
and human beings affected by situations such as those resulting from apartheid, all forms of racism and racial
discrimination, colonialism, foreign domination and occupation, aggression, foreign interference and threats
against national sovereignty, national unity and territorial integrity, threats of war and refusal to recognize the
fundamental right of peoples to self-determination.
Article 6
1. All States should co-operate with a view to promoting, encouraging and strengthening universal respect for and
observance of all human rights and fundamental freedoms for all without any distinction as to race, sex, language
or religion.
2. All human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent
consideration should be given to
3. States should take steps to eliminate obstacles to development resulting from failure to observe civil and
political rights, as well as economic, social and cultural rights.
Article 7
All States should promote the establishment, maintenance and strengthening of international peace and security
and, to that end, should do their utmost to achieve general and complete disarmament under effective
international control, as well as to ensure that the resources released by effective disarmament measures are used
for comprehensive development, in particular that of the developing countries.
Article 8
1.States should undertake, at the national level, all necessary measures for the realization of the right to development
and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health
services, food, housing, employment and the fair distribution of income. Effective measures should be undertaken
to ensure that women have an active role in the development process. Appropriate economic and social reforms
should be carried out with a view to eradicating all social injustices.
2.States should encourage popular participation in all spheres as an important factor in development and in the
full realization of all human rights.
Article 9
1. All the aspects of the right to development set forth in the present Declaration are indivisible and interdependent
and each of them should be considered in the context of the whole.
2. Nothing in the present Declaration shall be construed as being contrary to the purposes and principles of the
United Nations, or as implying that any State, group or person has a right to engage in any activity or to
perform any act aimed at the violation of the rights set forth in the Universal Declaration of Human Rights and in
the International Covenants on Human Rights.
Article 10
Steps should be taken to ensure the full exercise and progressive enhancement of the right to development,
including the formulation, adoption and implementation of policy, legislative and other measures at the national
and international levels.
Aart C. Hendricks. Different Definition-Same Problems-One way out?in Disability Rights Law and Policy, International
and National Perspectives. (ed. Mary Lou Breslin, Silvia Yee) Transnational Publishers: 2002
Almeida & Vasquez. PAHO Advocacy Strategies for the Protection and Promotion of the Human Rights of Persons
with Mental Disabilities and Their Family Members” 6 August 2002. Ad Hoc Committee on an International
Convention.
Awadesh Kumar Singh. Rights of the Disabled. Perspective, Legal protection and Issues. Serials Publications:2008
E/ESCAP/SB/PIDC(7)/1, April 2002 “Participation Of Persons With Disabilities In Pacific Island Countries In The
Context Of The Asian And Pacific Decade Of Disabled Persons, 1993-2002, And Beyond”
Lenore Manderson. “Disability Global Legislation and Human Rights.” In Society for International Development,
2004, 47(2), (29–35)
Majid Turmusani. “Disabled People and Economic needs in the Developing World. A political perspective from
Jordan”. Ashgate:2003
Paul Hunt, Judith Mesquita. “Mental Disabilities and the Human Right to the Highest Attainable Standard of Health”
in Human Rights Quarterly, Volume 28, Number 2, May 2006, pp. 332-356
Sergio Urias. “Overview of the united Nation Convention on the Rights of Persons with Disabilities”. LLM paper.
Harvard Law School.2007
Silvia Yee ad Marilyn Golden. “Achieving Accessibility: how the Americans With Disabilities Act is Chnaging the Face
and Mind of a Nation’ Disability Rights Law and Policy, International and National Perspectives. (ed. Mary Lou
Breslin, Silvia Yee) Transnational Publishers: 2002, page 413
Sophie Mitra. “The Capability Approach and Disability” in Journal Of Disability Policy Studies VOL. 16/NO.
4/2006/ PP. 236–247
Victor Pineda.’AWorld Enabled’ Fighting for the Human Rights of Persons with Disabilities” in UN Chronicle. No
4, 2004
World Health Organization (WHO), The World Health Report 2001: Mental Health: New Understanding, New
Hope 1 (2001) [hereinafter World Health Report 2001
“Aid Trickles in, Misery Mounts”. The Economist. May 12th 2008. Available at: http://www.economist.com/world/
asia/displaystory.cfm?story_id=11358899
“Do we have a Human Right to a Healthy Environment?” April 23, 2009.Available at: http://www.wbez.org/episode-
segments/do-we-have-human-right-healthy-environment
“Message of United Nations High Commissioner for Human Rights, Louise Arbour.” Available at: http://www.un.org/
democracyfund/XNewsHumanRightsDay.htm
“Protect Right to Healthy Environment” Asia Pacific Forum. Available at: http://www.asiapacificforum.net/news/
jurists-call-for-right-to-environment.html
“The right to development: a primer”, Centre for Development and Human Rights. Sage 2004
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural
Rights “Protocol of San Salvador” Available at: http://actrav.itcilo.org/actrav-english/telearn/global/ilo/law/oasadd.
htm
African [Banjul] Charter on Human and Peoples’ Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5,
21 I.L.M. 58 (1982)
Barbour. Brian. 2008. Embracing the ‘responsibility to protect’: a repertoire of measures including asylum for potential
victims. Issues in Refugee Research: Research Paper 159. The UNHCR Policy Development and Evaluation Service.
Available at: www.unhcr.org/publications,
Erika Feller, Statement by the Assistant High Commissioner for Protection, at 4, delivered to the 57th Session of the
Executive Committee to the United Nations High Commissioner for Refugees, available at: http://www.unhcr.org/
excom/44b36a6d2.html, Geneva, 2 October 2006.
Felix Kirchmeicher.”the Right to Development:Where do we stand?” Friedrich Ebert Stiftung.Number 23, July 2006.
Available at: http://www.fes globalization.org/publicationsGeneva/FESOccPapers23.pdf
Jasper, Susan. “US position on collective rights needs clarification” in Indian Country Today. 27 September
2010. Available at: http://www.indiancountrytoday.com/opinion/US-position-on-collective-rights-needs-
clarification-103706804.html
Kent, George. “Global obligations for the right to food” Rowman & Littlefield, 2008
Lynch, Owen “Human Rights, Environment, and Economic Development: Existing and Emerging Standards in
International Law and Global Society” in the Center for International Environmental Law. Available at: http://
www.ciel.org/Publications/olp3iii.html
Marks, Stephen. The human right to development: Between Rhetoric and Reality. Harvard Human Rights Journal.
Available at: http://www.law.harvard.edu/students/orgs/hrj/iss17/marks.shtml#fn3
N. J. Udomban. “The Third World and the Right to Development: Agenda for the Next Millennium” in Human
Rights Quarterly 22 (2000) 753–787 © 2000 by The Johns Hopkins University Press
Report of the Working Group on the Right to Development, 3d Sess., U.N. Doc. E/CN.4/ 1995/27
Resolution 51/128
Stephen Marks. “The Human Rights Framework for Development: Seven Approaches” in Reflections on the Right to
Development (ed. Sengupta, Negi, Basu). Centre for Development and Human Rights:2005
Yeniva Massaquoi “Toward a Right to Development? : Reflecting on the Endorois Decision”. In Legal Frontiers. 9
April, 2010. Available at: http://www.legalfrontiers.ca/2010/04/toward-a-right-to-development-reflecting-on-the-
endorois-decision/