The "Convention on the Rights of Persons with Disabilities" is the first declaration of human rights of the XXI century.
Why should we all know it?
Because it is intended to safeguard the rights and dignity of persons with disabilities. It is embedded within what is known as positive law, which means that the rights comprising the Convention must be observed, it requires a "paradigm shift" in attitudes and approaches towards people with disabilities, and it sees the social construction of disability as involving us all.
While there is vast and extensive legislation on these rights, they are not always respected. The Convention is a legally binding universal standard, and it requires each of the State Parties to fulfill their obligations. When the Republic of Argentina ratified the Convention in 2008 (by National Act No. 26378), it accepted the legal obligations the country is responsible for, in order to adopt and issue the appropriate legislation aimed at enforcing the law in all the areas of application.
In everyday life, the Convention promotes the development, dissemination and awareness of the concept of disability, which triggers society’s commitment to make contributions from all sectors, building less restrictive, hindering and limiting environments. It is important to remember that the greater the obstacle, the greater the disability status of the individual. In this sense, the existing places of knowledge construction, such as schools, universities, training institutes, colleges, related organizations, etc. are making people aware of the fact that disability is a changing, dynamic, relational state built by the individual’s conditions and the environment’s possibilities. This new concept contradicts traditional concepts of disability based on lack and deprivation.
The idea is clear for us today. But is it really clear that disability is not a disease, that it is not a product of poverty or sexual perversion, that disability does not belong to a particular social group, that disability is not the result of divine punishment, or that families are not atoning for sins, nor paying debts?
The law states that a person is always and above all, a person, even before his or her disability status, i.e. "a person with disabilities, or at risk of disability". However, we can still find those who refer to them by saying, the CP (meaning person with cerebral palsy) the DOWN (meaning person with Down syndrome). These aspects will improve as the Convention on the Rights of Persons with Disabilities is known and implemented in the various sectors of our society.
Returning to their importance in everyday life, it is noteworthy that there have been countless verdicts of the national justice based on the effective implementation of the Convention on the Rights of Persons with Disabilities, which recognize and order to enforce their rights in health, education, leisure and work, among other areas. Again, find out! Get informed! "If you do not know your rights, you can hardly claim them"
For further information, visit the following websites:
http://www.un.org/spanish/disabilities
www.cndisc.gov.ar/doc_publicar/convencion.htm
http://www2.ohchr.org/spanish/law/disabilities-convention.htm
