YEARBOOK
OF THE
UNITED
NATIONS
1993
Volume 47
Department of Public Information
United Nations, New York
Martinus Nijhoff Publishers
DORDERECHT/BOSTON/ LONDON
From Pages 978-988
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities
The General Assembly,
Recalling Economic and Social Council resolution 1990/26 of 24 May 1990,
in which the Council authorized the Commission for Social Development to
consider, at its thirty-second session, the establishment of an ad hoc open-ended
working group of government experts, funded by voluntary contributions,
to elaborate standard rules on the equalization of opportunities for disabled
children, youth and adults, in close collaboration with the specialized
agencies, other intergovernmental bodies and non-governmental organizations,
especially organizations of disabled persons, and requested the Commission,
should it establish such a working group, to finalize the text of those
rules for consideration by the Council in 1993 and for submission to the
General Assembly at its forty-eighth session,
ANNEX
Standard Rules on the Equalization of Opportunities for Persons with
Disabilities
Introduction
Background and current needs
Previous international action
Towards standard rules
Purpose and content of the Standard Rules on the Equalization of Opportunities
for Persons with Disabilities
Fundamental concepts in disability policy
Preamble
I. Preconditions for Equal Participation
Rule 1. Awareness-raising
Rule 2. Medical care
Rule 3. Rehabilitation
Rule 4. Support services
II . Target Areas for equal participation
Rule 5.Accessibility
Rule 6.Education
Rule 7.Employment
Rule 8.Income maintenance and social security
Rule 9.Family life and personal integrity
Rule 10.Culture
Rule 11.Recreation and sports
Rule 12.Religion
III. Implementation Measures
Rule 13. Information and research
Rule 14. Policy-making and planning
Rule 15. Legislation
Rule 16. Economic policies
Rule 17. Coordination of work
Rule 18. Organizations of persons with disabilities
Rule 19. Personnel training
Rule 20. National monitoring and evaluation of disability programmes in
the implementation of the Standard Rules
Rule 21. Technical and economic cooperation
Rule 22. International cooperation
IV. Monitoring Mechanism
Introduction
Background and current needs
1. There are persons with disabilities in all parts of the world and at
all levels in every society. The number of persons with disabilities in
the world is large and is growing.
2. Both the causes and the consequences of disability vary throughout the
world. Those variations are the result of different socio-economic circumstances
and of the different provisions that States make for the well-being of their
citizens.
3. Present disability policy is the result of developments over the past
200 years. In many ways it reflects the general living conditions and social
and economic policies of different times. In the disability field, however,
there are also many specific circumstances that have influenced the living
conditions of persons with disabilities. Ignorance, neglect, superstition
and fear are social factors that throughout the history of disability have
isolated persons with disabilities and delayed their development.
4. Over the years disability policy developed from elementary care at institutions
to education for children with disabilities and rehabilitation for persons
who became disabled during adult life. Through education and rehabilitation,
persons with disabilities became more active and a driving force in the
further development of disability policy. Organizations of persons with
disabilities, their families and advocates were formed, which advocated
better conditions for persons with disabilities. After the Second World
War the concepts of integration and norrnalization were introduced, which
reflected a growing awareness of the capabilities of persons with disabilities.
5. Towards the end of the 1960s organizations of persons with disabilities
in some countries started to formulate a new concept of disability. That
new concept indicated the close connection between the limitation experienced
by individuals with disabilities, the design and structure of their environments
and the attitude of the general population. At the same time the problems
of disability in developing countries were more and more highlighted. In
some of those countries the percentage of the population with disabilities
was estimated to be very high and, for the most part, persons with disabilities
were extremely poor.
Previous international action
6. The rights of persons with disabilities have been the subject of much
attention in the United Nations and other international organizations over
a long period of time. The most important outcome of the International Year
of Disabled Persons, 1981, was the World Programme of Action concerning
Disabled Persons, adopted by the General Assembly by its resolution 37/52
of 3 December 1982. The Year and the World Programme of Action provided
a strong impetus for progress in the field. They both emphasized the right
of persons with disabilities to the same opportunities as other citizens
and to an equal share in the improvements in living conditions resulting
from economic and social development There also, for the first time, handicap
was defined as a function of the relationship between persons with disabilities
and their environment.
7. The Global Meeting of Experts to Review the Implementation of the World
Programme of Action concerning Disabled Persons at the Mid-Point of the
l,-United Nations Decade of Disabled Persons was held at Stockholm in 1987.
It was suggested at the Meeting that a guiding philosophy should be developed
to indicate the priorities for action in the years ahead. The basis of that
philosophy should be the recognition of the rights of persons with disabilities.
8. Consequently the Meeting recommended that the General Assembly convene
a special conference to draft an international convention on the elimination
of all forms of discrimination against persons with disabilities, to be
ratified by States by the end of the Decade.
9. A draft outline of the convention was prepared by Italy and presented
to the General Assembly at its forty-second session. Further presentations
concerning a drat convention were made by Sweden at the forty fourth session
of the Assembly. However, on both occasions, no consensus could be reached
on the suitability of such a convention. In the opinion of many representatives,
existing human rights documents seemed to guarantee persons with disabilities
the same rights as other persons.
Towards standard rules
10. Guided by the deliberations in the General Assembly, the Economic and
Social Council, at its first regular session of 1990, finally agreed to
concentrate on the elaboration of an international instrument of a different
kind. By its resolution 1990/26 of 24 May 1990, the Council authorized the
Commission for Social Development to consider, at its thirty-second session,
the establishment of an ad hoc open-ended working group of government experts,
funded by voluntary contributions, to elaborate standard rules on the equalization
of opportunities for disabled children, youth and adults, in close collaboration
with the specialized agencies, other intergovernmental bodies and non-governmental
organizations, especially organizations of disabled persons. The Council
also requested the Commission to finalize the text of those rules for consideration
in 1993 and for submission to the General Assembly at its forty-eighth session.
11. The subsequent discussions in the Third Committee of the General Assembly
at the forty-fifth session showed that there was wide support for the new
initiative to elaborate standard rules on the equalization of opportunities
for persons with disabilities.
12. At the thirty-second session of the Commission for Social Development,
the initiative for standard rules received the support of a large number
of representatives and discussions led to the adoption of resolution 32/2
of 20 February 1991, in which the Commission decided to establish an ad
hoc open-ended working group in accordance with Economic and Social Council
resolution 1990/26.
Purpose and content of the Standard Rules on the Equalization of Opportunities
for Persons with Disabilities
13. The Standard Rules on the Equalization of Opportunities for Persons
with Disabilities have been developed on the basis of the experience gained
during the United Nations Decade of Disabled Persons (19831992). The International
Bill of Human Rights, comprising the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights, the Convention on
the Rights of the Child and the Convention on the Elimination of All Forms
of Discrimination against Women, as well as the World Programme of Action
concerning Disabled Persons, constitute the political and moral foundation
for the Rules.
14. Although the Rules are not compulsory, they can become international
customary rules when they are applied by a great number of States with the
intention of respecting a rule in international law. They imply a strong
moral and political commitment on behalf]f of States to take action for
the equalization of opportunities for persons with disabilities. Important
principles for responsibility, action and cooperation are indicated. Areas
of decisive importance for the quality of life and for the achievement of
full participation and equality are pointed out. The Rules offer an instrument
for policy-making and action to persons with disabilities and their organizations.
They provide a basis for technical and economic cooperation among States,
the United Nations and other international organizations.
15. The purpose of the Rules is to ensure that girls, boys, women and men
with disabilities, as members of their societies, may exercise the same
rights and obligations as others. In all societies of the world there are
still obstacles preventing persons with disabilities from exercising their
rights and freedoms and making it difficult for them to participate fully
in the activities of their societies. It is the responsibility of States
to take appropriate action to remove such obstacles. Persons with disabilities
and their organizations should play an active role as partners in this process.
The equalization of opportunities for persons with disabilities is an essential
contribution in the general and world-wide effort to mobilize human resources.
Special attention may need to be directed towards groups such as women,
children, the elderly, the poor, migrant workers, persons with dual or multiple
disabilities, indigenous people and ethnic minorities. In addition, there
are a large number of refugees with disabilities who have special needs
requiring attention.
Fundamental concepts in disability policy
16. The concepts set out below appear throughout the Rules. They are essentially
built on the concepts in the World Programme of Action concerning Disabled
Persons. In some cases they reflect the development that has taken place
during the United Nations Decade of Disabled Persons.
Disability and handicap
17. The term "disability" summarizes a great number of different
functional limitations occurring in any population in any country of the
world. People may be disabled by physical, intellectual or sensory impairment,
medical conditions or mental illness. Such impairments, conditions or illnesses
may be permanent or transitory in nature.
18. The term "handicap" means the loss or limitation of opportunities
to take part in the life of the community on an equal level with others.
It describes the encounter between the person with a disability and the
environment. The purpose of this term is to emphasize the focus on the shortcomings
in the environment and in many organized activities in society, for example,
information, communication and education, which prevent persons with disabilities
from participating on equal terms.
19. The use of the two terms "disability" and "handicap",
as defined in paragraphs 17 and 18 above, should be seen in the light of
modern disability history. During the 1970s there was a strong reaction
among representatives of organizations of persons with disabilities and
professionals in the field of disability against the terminology of the
time. The terms "disability" and "handicap" were often
used in an unclear and confusing way, which gave poor guidance for policy-making
and for political action. The terminology reflected a medical and diagnostic
approach, which ignored the imperfections and deficiencies of the surrounding
society.
20. In 1980, the World Health Organization adopted an international classification
of impairments, disabilities and handicaps, which suggested a more precise
and at the same time relativistic approach. The International Classification
of Impairments, Disabilities and Handicaps makes a clear distinction between
"impairment," "disability " and " handicap ".
I t has been extensively used in areas such as rehabilitation, education,
statistics, policy, legislation, demography, sociology, economics and anthropology.
Some users have expressed concern that the Classification, in its definition
of the term "handicap", may still be considered too medical and
too centred on the individual, and may not adequately clarify the interaction
between societal conditions or expectations and the abilities of the individual.
Those concerns, and others expressed by users during the 12 years since
its publication, will be addressed in forthcoming revisions of the Classification.
21. As a result of experience gained in the implementation of the World
Programme of Action and of the general discussion that took place during
the United Nations Decade of Disabled Persons, there was a deepening of
knowledge and extension of understanding concerning disability issues and
the terminology used. Current terminology recognizes the necessity of addressing
both the individual needs (such as rehabilitation and technical aids) and
the shortcomings of the society (various obstacles for participation).
Prevention
22. The term "prevention" means action aimed at preventing the
occurrence of physical, intellectual, psychiatric or sensory impairments
(primary prevention) or at preventing impairments from causing a permanent
functional limitation or disability (secondary prevention). Prevention may
include many different types of action, such as primary health care, prenatal
and postnatal care, education In nutrition, immunization campaigns against
communicable diseases, measures to control endemic diseases, safety regulations,
programmes for the prevention of accidents in different environments, including
adaptation of workplaces to prevent occupational disabilities and diseases,
and prevention of disability resulting from pollution of the environment
or armed conflict.
Rehabilitation
23. The term "rehabilitation" refers to a process aimed at enabling
persons with disabilities to reach and maintain their optimal physical,
sensory, intellectual, psychiatric and/or social functional levels, thus
providing them with the tools to change their lives towards a higher level
of independence. Rehabilitation may include measures to provide and/or restore
functions, or compensate for the loss or absence of a function or for a
functional limitation. The rehabilitation process does not involve initial
medical care. It includes a wide range of measures and activities from more
basic and general rehabilitation to goal-oriented activities, for instance
vocational rehabilitation.
Equalization of opportunities
24. The term "equalization of opportunities" means the process
through which the various systems of society and the environment, such as
services, activities, information and documentation, are made available
to all, particularly to persons with disabilities.
2:. The principle of equal rights implies that the needs of each and every
individual are of equal importance, that those needs must be made the basis
for the planning of societies and that all resources must be employed in
such a way as to ensure that every individual has equal opportunity for
participation.
26. Persons with disabilities are members of society and have the right
to remain within their local communities. They should receive the support
they need within the ordinary structures of education, health, employment
and social services.
27. As persons with disabilities achieve equal rights, they should also
have equal obligations. As those rights are being achieved, societies should
raise their expectations of persons with disabilities. As part of the process
of equal opportunities, provision should be made to assist persons with
disabilities to assume their full responsibility as members of society.
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