The United Nations Convention on the Rights of Persons with Disabilities
25.45The United Kingdom ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on the 8 June 2009, and its optional protocol on the 7 August 2010.
25.46The United Nations Convention on the Rights of Persons with Disabilities adopts a ‘social model of disability’, as including ‘those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others’ (Article 1).
25.47Article 3 sets out General Principles, as follows:
Article 3 – General principles
The principles of the present Convention shall be:
a)Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;
b)Non-discrimination;
c)Full and effective participation and inclusion in society;
d)Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;
e)Equality of opportunity;
f)Accessibility;
g)Equality between men and women;
h)Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.
25.48The United Nations Convention on the Rights of Persons with Disabilities sets out a number of civil and social rights, the most relevant of which, for present purposes, are at Articles 19, 25, 26 and 28:
Article 19 – Living independently and being included in the community
States Parties to this Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community, including by ensuring that:
a)Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement;
b)Persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
c)Community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs.
Article 25 – Health
States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:
a)Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes;
b)Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;
c)Provide these health services as close as possible to people’s own communities, including in rural areas;
d)Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care;
e)Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner;
f)Prevent discriminatory denial of health care or health services or food and fluids on the basis of disability.
Article 26 – Habilitation and rehabilitation
1) States Parties shall take effective and appropriate measures, including through peer support, to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services, in such a way that these services and programmes:
a)Begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs and strengths;
b)Support participation and inclusion in the community and all aspects of society, are voluntary, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.
2) States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.
3) States Parties shall promote the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation.
Article 28 – Adequate standard of living and social protection
1) States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
2) States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:
a)To ensure equal access by persons with disabilities to clean water services, and to ensure access to appropriate and affordable services, devices and other assistance for disability-related needs;
b)To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes;
c)To ensure access by persons with disabilities and their families living in situations of poverty to assistance from the State with disability-related expenses, including adequate training, counselling, financial assistance and respite care;
d)To ensure access by persons with disabilities to public housing programmes;
e)To ensure equal access by persons with disabilities to retirement benefits and programmes.
25.49The optional protocol, ratified by the United Kingdom on the 7 August 2010, recognises the competence of the Committee on the Rights of Persons with Disabilities to consider complaints from individuals or groups who claim that their rights under the United Nations Convention on the Rights of Persons with Disabilities have been violated.
25.52It seems that the provisions of the ECHR are to be construed ‘
harmoniously’ with the general principles of international law including, specifically, the UNCRPD:
Matheison v Secretary of State for Work and Pensions;
5[2015] UKSC 47, [2015] 1 ELT 3250 at paras 42–45.and
SHH v United Kingdom.
6(2013) 57 EHRR 18 at para 94.Any search of a case-law website will show that reference is being made to the United Nations Convention on the Rights of Persons with Disabilities in a large number of cases, in the Court of Protection as well as in judicial review cases.