August 2008
This summer the Commission's Disability Committee has been considering the Government's likely intention to 'express reservations' when it ratifies the UN Convention on the Rights of Persons with Disabilities later this year. The Committee believes that the UK should ratify the Convention promptly and without reservation, and issues this statement to clarify its position.
The UN Convention on the Rights of Persons with Disabilities came into force on 3 May 2008. The UK Government has not yet ratified, but has signalled its intention to do so by the end of 2008. In a statement made in May, the Minister for Disabled People, Anne McGuire, indicated that various Government Departments were considering expressing 'reservations' or 'interpretive declarations' in relation to parts of the Convention in order to be able to ratify. Expressing reservations is a mechanism allowed within the international human rights framework to enable a State to sign up to a convention with which it broadly agrees, but feels unable to endorse each and every article.
Our Disability Committee does not believe such reservations should be a pre-requisite to ratifying the Convention and wish to see the UK ratify without reservations. The Committee has issued the following position statement which explains its views on this matter, and sets out the actions the Committee will take to influence Government.
Statement from the Commission's Disability Committee
' The Commission’s Disability Committee considers the United Nations Convention on the Rights of People with Disabilities to be a critically important contribution towards the equal treatment and human rights of disabled people across the world.
The Disability Committee believes that the Convention incorporates many of the aspirations, commitments and tangible actions required to deliver disability equality and human rights in the United Kingdom. The Committee is therefore of the view that the UK Government should ratify the Convention at the earliest possible opportunity. We urge the Government to ratify the Convention by the close of 2008, in line with the ambition to do so set out by the Minister for Disabled People, Anne McGuire MP.
The Convention is only likely to make a real difference if its implementation is actively monitored and pursued.
The Convention is unique in requiring Governments to designate one or more 'independent mechanisms' as part of a framework to promote, protect and monitor its implementation. The Commission has been approached to be a part of this framework in Britain. We are honoured and enthusiastic to accept this undertaking.
The active participation of disabled people and their organisations, both independently and in collaboration with the Commission will be critical to making the Convention a success. The Commission is committed to working with disabled people and over the coming year will explore with disability stakeholders how we can work together most effectively.
The Disability Committee is aware that a number of government departments have declared that they have concerns about particular elements of the convention and wish to express either ‘reservations’ or ‘interpretative declarations’ in relation to particular articles.
The Disability Committee is of the opinion that neither ‘reservations’ nor ‘interpretative declarations’ are prerequisites for ratifying the Convention. The Committee will therefore be working with the Government to ensure, as far as they are able, that the current proposed reservations or interpretive declarations are withdrawn.
The possibility cannot be ruled out however, that the government will reach the target date for ratification at the end of 2008, and remain insistent on some reservations and interpretive declarations. In this situation, the Disability Committee position is that early ratification should take precedence over a small number of reservations and interpretive declarations, providing that explicit plans can be put in place to review them regularly and to withdraw them if it can be shown they are no longer necessary or relevant.
Should the Government ratify with reservations, the Disability Committee will formally request from Government written justification and a plan of action concerning how Departments intend to address the issues underlying the reservations or interpretive declarations.'
For more information:
find out more about our Disability Committee
contact our Disability Committee (by email)