Key provisions of the Declaration of the Rights of Persons with Disabilities. Declarations. International framework for creating legal security

DECLARATION
on the rights of persons with disabilities

Proclaimed by a Resolution of the UN General Assembly
dated December 9, 1975 N 3447 (XXX)

General Assembly,

Conscious of the obligations assumed by Member States under the Charter of the United Nations to act both jointly and individually in cooperation with the Organization to promote improved standards of living, full employment and the provision of conditions for progress and development in the economic and social fields,

reaffirming its belief in human rights and fundamental freedoms, as well as the principles of peace, dignity and value human personality and social justice proclaimed in the Charter,

Recalling the principles of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Declaration of the Rights of the Child and the Declaration on the Rights of Mentally Retarded Persons, as well as the norms of social progress already proclaimed in constituent instruments, conventions, recommendations and resolutions International organization Labor, United Nations Educational, Scientific and Cultural Organization, World Organization health, the United Nations Children's Fund and other interested organizations,

Recalling also resolution 1921 (LVIII) of the Economic and Social Council of 6 May 1975 on the prevention of disability and the restoration of the working capacity of disabled persons,

Emphasizing that the Declaration of Social Progress and Development proclaims the need to protect the rights, ensure the well-being and restore the ability to work of people with physical and mental disabilities,

Considering the need to prevent disability caused by physical and mental disabilities and to assist persons with disabilities to develop their abilities to the fullest various areas activities, as well as assistance by all possible measures their inclusion in the normal life of society,

Aware that some countries at this stage their development can devote only limited efforts to these goals,

proclaims this Declaration on the Rights of Persons with Disabilities and requests that action be taken nationally and internationally to ensure that the Declaration serves common basis and guidance for protecting these rights:

1. The expression “disabled person” means any person who is unable to provide independently, in whole or in part, the necessities of normal personal and/or social life due to a deficiency, whether congenital or not, of his or her physical or mental abilities.

3. Persons with disabilities have an inalienable right to respect for their human dignity. Disabled persons, whatever the origin, nature and severity of their impairment or disability, have the same fundamental rights as their fellow citizens of the same age, which primarily means the right to a satisfactory life that is as normal and fulfilling as possible.

5. Persons with disabilities have the right to measures designed to enable them to acquire the greatest possible independence.

6. Disabled people have the right to medical, mental and functional treatment, including prosthetic and orthopedic devices, for the restoration of health and position in society, for education, vocational training and rehabilitation, for assistance, consultation, for employment services and other types of services that will allow them to maximize their capabilities and abilities and accelerate the process of their social integration or reintegration.

8. Persons with disabilities have the right to have their special needs taken into account at all stages of economic and social planning.

9. Disabled people have the right to live with their families or in conditions that replace it, and to participate in all types of social activities related to creativity or leisure. As regards his or her place of residence, no person with a disability shall be subject to any special treatment not required by his or her state of health or because it might lead to an improvement in his or her state of health. If the stay of a disabled person in a special institution is necessary, then the environment and living conditions in it should correspond as closely as possible to the environment and conditions of normal life of persons of his or her age.

10. Persons with disabilities must be protected from any exploitation, regulation or treatment of a discriminatory, offensive or degrading nature.

11. Disabled persons should have the opportunity to benefit from qualified legal assistance when such assistance is necessary to protect their person and property; if they are the subject of prosecution, they must follow the normal procedure which takes full account of their physical or mental condition.

12. Disabled persons' organizations may be usefully consulted on all matters relating to the rights of persons with disabilities.

13. Persons with disabilities, their families and their communities should be fully informed, by all available means, of the rights contained in this Declaration.

The text of the document is verified according to:
"International Human Rights Acts"
Collection of documents, M.: Publishing group NORMA-INFRA, 1998

On September 23, 2013, the UN General Assembly on Disability adopted its latest resolution to date, with the very interesting title “The Way Forward: A Disability-Inclusive Development Agenda for 2015 and Beyond.”

This resolution is designed to ensure that people with disabilities have a full range of rights., which are guaranteed to them by international documents created over the last millennium.

Despite the active work of the UN in this area, the interests of people with disabilities, unfortunately, are violated all over the world. The number of international documents that regulate the rights of people with disabilities is several dozen. The main ones are:

Universal Declaration of Human Rights of December 10, 1948;
Declaration of the Rights of the Child of November 20, 1959;
International Covenants on Human Rights of July 26, 1966;
Declaration of Social Progress and Development of December 11, 1969;
Declaration of the Rights of Mentally Retarded Persons of December 20, 1971;
Declaration of the Rights of Persons with Disabilities of December 9, 1975;
Convention on the Rights of Persons with Disabilities of December 13, 2006

Separately, I would like to dwell on Declaration of the Rights of Persons with Disabilities 1975. This is the first document signed by international level, which is not dedicated to a specific group of disabled people, but covers all disability groups.

This is a relatively small document, consisting of only 13 articles. It was this document that formed the basis for the signing of the Convention on the Rights of Persons with Disabilities in 2006.

The declaration gives very general definition The concept of “disabled person” is “any person who cannot independently provide fully or partially the needs of a normal personal and/or social life due to a disability, whether congenital or acquired.”

Later in the Convention, this definition was clarified - these are “persons with stable physical, mental, intellectual or sensory impairments which, when interacting with various barriers, may hinder their full and effective participation in society on an equal basis with others.”

Watch the video discussing this:

Both of these definitions are broad; each UN member country has the right to give a more precise definition of disability, dividing it into groups.

In Russia there are currently 3 disability groups, and separate category, which is given to minor citizens with any of the three disability groups.

The Federal Institution for Medical and Social Expertise recognizes a person as disabled.

Federal Law of November 24, 1995 N 181-FZ “On social protection disabled people in the Russian Federation" A disabled person is a person who has a health disorder with a persistent disorder of body functions, which is caused by diseases or the consequences of injuries, or defects, leading to a limitation of life activity and necessitating it.

Ratification of the Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities is the direct text of the Convention and its Optional Protocol, which were signed by the UN on December 13, 2006 in New York. March 30, 2007 The Convention and Protocol were open for signature by UN member states.

Countries party to the Convention are divided into 4 categories:

Russia is a country that has signed and ratified only the Convention without the Optional Protocol. May 3, 2012 The text of the Convention applies to our state, individuals and legal entities.

What is ratification, this is an expression of Russia’s consent to be bound by this Convention in the form of approval, acceptance, accession (Article 2 of the Federal Law of the Russian Federation of July 15, 1995 N 101-FZ). According to the Constitution of the Russian Federation, any international agreement signed and ratified by the Russian Federation is higher in force than any domestic law, including higher than the Constitution.

Unfortunately, our country has not signed and, as a result, has not ratified the optional Protocol to the Convention, which means that in the event of a violation of the Convention, individuals cannot appeal to the special Committee on the Rights of Persons with Disabilities with their complaints after exhausting all internal funds protection.

Rights and benefits of disabled people in Russia

Can a disabled person open an individual entrepreneur?

Basic rights and benefits for people with disabilities are provided Chapter IV of the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation.” These include:

Right to education;
Providing medical care;
Ensuring unhindered access to information;
Participation of visually impaired people in carrying out operations using facsimile reproduction of a handwritten signature;
Ensuring unimpeded access to social infrastructure facilities;
Providing living space;
Ensuring employment of people with disabilities, the right to work;
The right to material security (pensions, benefits, insurance payments for insuring the risk of health impairment, payments for compensation for harm caused to health, and other payments, established by law RF);
The right to social services;
Providing measures social support disabled people to pay for housing and utilities.

Various subjects of the Russian Federation may provide additional rights for people with disabilities and disabled children.

A common question is, can a disabled person register himself as individual entrepreneur . There are no special restrictions for people with disabilities; however, there are general restrictions that prevent them from receiving individual entrepreneurs. These include:

If a disabled person was previously registered as an individual entrepreneur and this entry has not lost its validity;
If a court makes a decision regarding a disabled person on his insolvency (bankruptcy), provided that the year of recognizing him as such has not expired from the date the court made the decision.
The period established by the court for depriving a disabled person of the right to engage in entrepreneurial activity has not expired.
If a disabled person has or has had a conviction for intentional grave and especially grave crimes.

Read more about the rights of disabled people of groups 1, 2, 3 in Russia.

Rights of a guardian of an incapacitated disabled person

A guardian is an adult capable citizen appointed by the guardianship and trusteeship authority at the place of residence of the person in need of guardianship.

Citizens deprived of parental rights cannot be guardians, as well as those who, at the time of establishment of guardianship, had a criminal record for an intentional crime against the life or health of citizens.

Conclusion

The state and society have a lot of work to do to organize and simplify living conditions for people with disabilities. There are frequent cases of direct discrimination against people with disabilities external sign, which leads to isolation of people with disabilities. At the same time, disabled people are the same people as everyone else, they just require a little more care and attention from all of us.

"DECLARATION ON THE RIGHTS OF PERSONS WITH DISABILITIES"

(Adopted on 09.12.1975 by Resolution 3447 (XXX) at the 2433rd plenary meeting of the UN General Assembly)

UNITED NATIONS DECLARATION
ABOUT THE RIGHTS OF DISABLED PEOPLE
(December 9, 1975)

The General Assembly, conscious of the obligations assumed by Member States under the Charter of the United Nations, to act both jointly and individually in cooperation with the Organization to promote higher standards of living, full employment and the conditions for progress and development in the economic and social fields, reaffirming its belief in human rights and fundamental freedoms, as well as the principles of peace, the dignity and worth of the human person and social justice, as enshrined in the Charter,
recalling the principles of the Universal Declaration of Human Rights<1>, International Covenants on Human Rights<2>, Declaration of the Rights of the Child<3>and Declaration of the Rights of Mentally Retarded Persons<4>, as well as the standards of social progress already proclaimed in the constituent instruments, conventions, recommendations and resolutions of the International Labor Organization, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, the United Nations Children's Fund and other interested organizations,
See International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. Recalling also Resolution 1921 (LVIII) of the Economic and Social Council of 6 May 1975 on the prevention of disability and rehabilitation of disabled persons,
Emphasizing that in the Declaration of Social Progress and Development<5>proclaims the need to protect the rights, ensure the well-being and restore the ability to work of people with physical and mental disabilities,

<1>Resolution 217 A (III).

<2>Resolution 2200 A (XXI), annex.

<3>Resolution 1386 (XIV).

<4>Resolution 2856 (XXVI).

<5>Resolution 2542 (XXIV).

Considering the need to prevent disability caused by physical and mental disabilities and to assist disabled people in developing their abilities in the most diverse fields of activity, as well as to promote by all possible measures their inclusion in the normal life of society, recognizing that some countries at this stage of their development may devote these goals have only limited efforts,
Proclaims this Declaration on the Rights of Persons with Disabilities and requests that action be taken nationally and internationally to ensure that the Declaration serves as a general framework and guide for the protection of these rights:

1. The expression "disabled person" means any person who is unable to provide independently, in whole or in part, the necessities of normal personal and/or social life due to a deficiency, whether congenital or not, of his or her physical or mental abilities.

2. Persons with disabilities should enjoy all the rights set forth in this Declaration. These rights must be recognized for all persons with disabilities, without exception of any kind and without distinction or discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, wealth, birth or any other factor, whether it applies to the person with a disability or to his or her family.
3. Persons with disabilities have an inalienable right to respect for their human dignity. Disabled persons, whatever the origin, nature and severity of their impairment or disability, have the same fundamental rights as their fellow citizens of the same age, which primarily means the right to a satisfactory life that is as normal and fulfilling as possible.

4. Persons with disabilities have the same civil and political rights as other persons; Paragraph 7 of the Declaration of the Rights of Mentally Retarded Persons applies to any possible limitation or impairment of these rights in relation to mentally retarded persons.
5. Persons with disabilities have the right to measures designed to enable them to acquire the greatest possible independence.

6. Persons with disabilities have the right to medical, mental or functional treatment, including prosthetic and orthopedic devices, restoration of health and social status, education, vocational training and rehabilitation, assistance, consultation, employment services and other services , which will allow them to maximize their capabilities and abilities and accelerate the process of their social integration or reintegration.

7. Persons with disabilities have the right to economic and social security and a satisfactory standard of living. They have the right, in accordance with their capabilities, to obtain and retain a job or to engage in useful, productive and rewarding activities and to be members of trade union organizations.
8. Persons with disabilities have the right to have their special needs taken into account at all stages of economic and social planning.

9. Disabled people have the right to live with their families or in conditions that replace it, and to participate in all types of social activities related to creativity or leisure. As regards his or her place of residence, no person with a disability may be subjected to any special treatment not required by his or her state of health or because it might improve his or her state of health. If the stay of a disabled person in a special institution is necessary, then the environment and living conditions in it should correspond as closely as possible to the environment and conditions of normal life of persons of his or her age.

10. Persons with disabilities must be protected from any exploitation, regulation or treatment of a discriminatory, offensive or degrading nature.

12. Disabled persons' organizations may be usefully consulted on all matters relating to the rights of persons with disabilities.

13. Persons with disabilities, their families and their communities should be fully informed, by all available means, of the rights contained in this Declaration.

(Extract)

A child who is physically, mentally or socially disabled must be provided with the special education and care necessary due to his special condition.

(Extract)

1. The expression "Disabled Person" means any person who is unable to provide independently, in whole or in part, the necessities of normal personal and/or social life due to a deficiency, whether congenital or not, of his or her physical or mental abilities.

4. Persons with disabilities have the same civil and political rights as other persons: Paragraph 7 of the Declaration of the Rights of Mentally Retarded Persons applies to any possible limitation or impairment of these rights in relation to mentally retarded persons.

5. Persons with disabilities have the right to measures designed to enable them to acquire the greatest possible independence.

6 Persons with disabilities have the right to medical, mental or functional treatment, including prosthetic and orthotic devices, restoration of health and social status, education, vocational training and rehabilitation, assistance, consultation, employment services and other services. which will allow them to maximize their capabilities and abilities and accelerate the process of their social integration or reintegration.

8. Persons with disabilities have the right to have their special needs taken into account at all stages of economic and social planning.

9. Disabled people have the right to live with their families or in conditions that replace it, and to participate in all types of social activities related to creativity or leisure. As regards his or her place of residence, no person with a disability may be subjected to any special treatment not required by his or her state of health or because it might improve his or her state of health. If the stay of a disabled person in a special institution is necessary, then the environment and living conditions in it should correspond as closely as possible to the environment and conditions of normal life of persons of his or her age.

10. Persons with disabilities must be protected from any exploitation, regulation or treatment of a discriminatory, offensive or degrading nature.

12. Disabled persons' organizations may be usefully consulted on all matters relating to the rights of persons with disabilities.

13. Persons with disabilities, their families and their communities should be fully informed, by all available means, of the rights contained in this Declaration.

(Extract)

Article 23.

1. States Parties recognize that the mentally or physically disabled child should lead a full and dignified life in conditions that ensure his dignity, promote his self-confidence and facilitate his active participation in society.

2. States Parties recognize the right of the disabled child to special care, encourage and ensure that, subject to the availability of resources, the eligible child and those responsible for his care receive assistance requested and that is appropriate to the child's condition and the situation of his parents or other persons. providing care for the child.

3. In recognition of the special needs of a disabled child, assistance in accordance with paragraph 2 of this article is provided, whenever possible, free of charge, taking into account the financial resources of the parents or other persons caring for the child, and is intended to provide for the disabled child effective access to services in the field of education, vocational training, medical care, health restoration, preparation for labor activity and access to recreational facilities in a manner that leads to the fullest possible involvement of the child in social life and the achievement of personal development, including cultural and spiritual development child.

4. States Parties shall promote, in the spirit of international cooperation, the exchange of relevant information in the field of preventive health care and medical, psychological and functional treatment of disabled children, including the dissemination of information on methods of rehabilitation of general educational and vocational training, as well as access to this information, in order to enable States - participants to improve their capabilities and knowledge and expand their experience in this area. In this regard Special attention should be given attention to the needs of developing countries.

World Declaration on the Survival, Protection and Development of Children of September 30, 1990 (Extract)

Tasks

More attention, care and support should be given to children with disabilities and other children in extremely difficult circumstances.

Social policy in Russia, aimed at disabled people, adults and children, is built today on the basis of the medical model of disability. Based on this model, disability is considered as an illness, disease, pathology. Such a model, wittingly or unwittingly, weakens the social position of a child with a disability, reduces his social significance, isolates him from the “normal” children’s community, aggravates his unequal social status, and condemns him to the recognition of his inequality and lack of competitiveness in comparison with other children. The medical model also determines the methodology of working with a disabled person, which is paternalistic in nature and involves treatment, occupational therapy, and the creation of services that help a person survive, let us note - not live, but survive.

Proclaims this Declaration on the Rights of Persons with Disabilities and requests that action be taken nationally and internationally to ensure that the Declaration serves as a general framework and guide for the protection of these rights:

5. Persons with disabilities have the right to measures designed to enable them to acquire the greatest possible independence.

8. Persons with disabilities have the right to have their special needs taken into account at all stages of economic and social planning.

9. Disabled people have the right to live with their families or in conditions that replace it, and to participate in all types of social activities related to creativity or leisure. As regards his or her place of residence, no person with a disability may be subjected to any special treatment not required by his or her state of health or because it might improve his or her state of health. If the stay of a disabled person in a special institution is necessary, then the environment and living conditions in it should correspond as closely as possible to the environment and conditions of normal life of persons of his or her age.

10. Persons with disabilities must be protected from any exploitation, regulation or treatment of a discriminatory, offensive or degrading nature.

11. Disabled persons should have access to qualified legal assistance when such assistance is necessary for the protection of their person and property: if they are the subject of legal proceedings, they should benefit from the usual procedure taking full account of their physical or mental condition.

12. Disabled persons' organizations may be usefully consulted on all matters relating to the rights of persons with disabilities.

13. Persons with disabilities, their families and their communities should be fully informed, by all available means, of the rights contained in this Declaration.