RES/19/11 Rights of persons with disabilities: participation in political and public life

GE.A/HRC/19/36. 2-13215

Human Rights Council Nineteenth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council*

19/11

Rights of persons with disabilities: participation in political and public

life

The Human Rights Council,

Recalling the Convention on the Rights of Persons with Disabilities,

Reaffirming the universality, indivisibility, interdependence and interrelatedness of

all human rights and fundamental freedoms and the need for persons with disabilities to be

guaranteed the full enjoyment of their rights and freedoms without discrimination,

Reaffirming also all previous resolutions of the Human Rights Council on the rights

of persons with disabilities, the most recent of which was resolution 16/15 of 24 March

2011, and welcoming the efforts of all stakeholders to implement those resolutions,

Reaffirming further the right to participate in political and public life, as set out in

article 21 of the Universal Declaration of Human Rights, which states that everyone has the

right to take part in the Government of his or her country directly, or through freely chosen

representatives, and the right of equal access to public service, as well as, inter alia, article

25 of the International Covenant on Civil and Political Rights and, most recently and with

regard to persons with disabilities, in article 29 of the Convention on the Rights of Persons

with Disabilities,

Recalling that the above-mentioned article 29 of the Convention reaffirms the right

of persons with disabilities to participate in political and public life, and that parties to the

Convention are required to guarantee political rights to persons with disabilities and adopt

all appropriate measures to ensure that they enjoy these rights on an equal basis with others,

Recognizing that progress has been made, yet deeply concerned that many persons

with disabilities in all regions continue to be denied their right to participate in political and

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of

the Council on its nineteenth session (A/HRC/19/2), chap. I.

public life on an equal basis with others, and noting that the exclusion or restriction of

political rights of persons with disabilities on the basis of disability constitutes

discrimination contrary to the Convention on the Rights of Persons with Disabilities,

Emphasizing that full and effective participation and inclusion in society is a general

principle of the Convention on the Rights of Persons with Disabilities, and thus that

participation in political and public life on an equal basis with others is closely interrelated

with and interdependent on other Convention provisions, including those that require States

parties to ensure non-discrimination and accessibility and to recognize legal capacity and

the right to participate in the community on an equal basis with others,

Recognizing that women and girls with disabilities are subject to multiple forms of

discrimination, including in their participation in political and public life,

1. Welcomes the fact that, to date, one hundred and fifty three States have

signed and one hundred and nine States and one regional integration organization have

ratified or acceded to the Convention on the Rights of Persons with Disabilities, and that

ninety States have signed and sixty six States have ratified or acceded to the Optional

Protocol to the Convention, and calls upon those States and regional integration

organizations that have not yet ratified or acceded to the Convention and the Optional

Protocol to consider doing so as a matter of priority;

2. Encourages States that have ratified the Convention and have submitted one

or more reservations to it to initiate a process to review regularly the effect and continued

relevance of such reservations, and to consider the possibility of withdrawing them;

3. Welcomes the thematic study on participation in political and public life by

persons with disabilities prepared by the Office of the United Nations High Commissioner

for Human Rights,1 and calls upon all stakeholders to consider the findings and

recommendations of the study;

4. Calls upon States parties to ensure that persons with disabilities can

effectively and fully participate in political and public life on an equal basis with others,

including the right and opportunity for persons with disabilities to vote and be elected, and

to participate in the conduct of public affairs;

5. Also calls upon States parties to adopt and implement appropriate measures

to ensure that persons with disabilities can participate effectively and fully in political and

public life on an equal basis with others, including by, inter alia:

(a) Providing persons with disabilities with access to the support they may

require in exercising their legal capacity and, where necessary, and at their request,

allowing assistance in voting by a person of their own choice;

(b) Providing reasonable accommodation and eliminating barriers that prevent or

limit effective and full participation in political and public life, including physical and

communication barriers, such as inaccessible polling stations or the lack of election

information or materials in accessible formats;

(c) Protecting the right to vote by secret ballot and the right to stand for elections

and to effectively hold office, and to have access to public service positions, including by

providing reasonable accommodation;

(d) Promoting public awareness campaigns and training programmes relevant to

the exercise of political rights by persons with disabilities, and ensuring an inclusive

education system directed at, inter alia, the strengthening of respect for human rights,

including political rights;

(e) Adopting measures to encourage the active involvement of persons with

disabilities in non-governmental organizations and associations concerned with public and

political life, including political parties, community-based organizations and public boards,

as well as the forming and joining of organizations of persons with disabilities at the local,

regional, national and international levels;

6. Further calls upon States parties to ensure that measures to assist persons

with disabilities in their participation in political and public life are consistent with the

Convention, including the general principle of inclusion in society;

7. Urges States parties to review any existing exclusion or restriction of

political rights for persons with disabilities, including those persons with psychosocial,

mental or intellectual disabilities, and to take all appropriate measures, including

legislation, to modify or abolish existing laws, regulations, customs and practices that

constitute discrimination against persons with disabilities;

8. Calls upon States parties, in adopting and implementing measures to ensure

that persons with disabilities have the opportunity to participate effectively and fully in

political and public life, including the conduct of public affairs on an equal basis with

others, to consult closely with and actively involve persons with disabilities;

9. Also calls upon States and invites other relevant stakeholders, including

national monitoring mechanisms, to collect appropriate information, including statistical

and research data, to enable the formulation and implementation of policies relating to

participation in political and public life of persons with disabilities;

10. Encourages all relevant actors in the design of products, environments,

programmes and services relating to participation in political and public life to pay due

attention to universal design, which requires the consideration of the needs of all members

of society in order to avoid the need for any subsequent adaptation or specialized design;

11. Also encourages all relevant actors in undertaking measures of international

cooperation, between and among States and, as appropriate, in partnership with relevant

international and regional organizations and civil society, to consider appropriate and

effective measures in support of national efforts to enhance enjoyment of political rights by

persons with disabilities on an equal basis with others, such as by facilitating the use of

assistive and new technologies relevant to participation in political and public life;

12. Decides to continue to integrate the rights of persons with disabilities into its

work, in accordance with Human Rights Council resolution 7/9 of 27 March 2008;

13. Also decides that its next annual interactive debate on the rights of persons

with disabilities will be held at its twenty-second session, and that it will focus on the work

and employment of persons with disabilities;

14. Requests the Office of the High Commissioner to prepare a study on the work

and employment of persons with disabilities, in consultation with States and other relevant

stakeholders, including the International Labour Organization, regional organizations, the

Special Rapporteur on Disabilities of the Commission for Social Development, civil society

organizations, including organizations of persons with disabilities, and national human

rights institutions, and requests that the study be made available on the website of the

Office of the High Commissioner, in an accessible format, prior to the twenty-second

session of the Human Rights Council;

15. Encourages organizations of persons with disabilities, national monitoring

bodies and human rights institutions to participate actively in the session referred to in

paragraph 13 above, as well as in regular and special sessions of the Human Rights Council

and its working groups;

16. Requests the Secretary-General to continue to ensure that the mandate of the

Office of the High Commissioner on the rights of persons with disabilities and the

Committee on the Rights of Persons with Disabilities are adequately resourced for the

fulfilment of their tasks;

17. Requests the Secretary-General and the High Commissioner to continue the

progressive implementation of standards and guidelines for the accessibility of facilities and

services of the United Nations system, also taking into account relevant provisions of the

Convention on the Rights of Persons with Disabilities, and underlines that the Human

Rights Council, including its Internet resources, should be fully accessible to persons with

disabilities.

53rd meeting

22 March 2012

[Adopted without a vote.]