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Abstract

This paper examines the potential impact within ASEAN of the Convention on the Rights of Persons with Disabilities (CRPD). Although persons with disabilities should also enjoy the rights provided in previous human rights instruments, a specialist treaty is necessary because many individuals with disabilities are still marginalized, with low rates of education and employment. States parties are thus obligated to remove physical and attitudinal barriers and to actively promote capability and inclusion of all persons with disabilities. Disability rights organizations have urged members of ASEAN to ratify the CRPD. At present, Laos, Malaysia, Philippines, and Thailand are states parties and the Indonesian House of Representatives voted to ratify the treaty in October 2011. Full ratification would build upon progress made during the Asian and Pacific Decade of Disabled Persons, which led to the adoption of the Biwako Millennium Framework For Action Towards an Inclusive, Barrier Free and Rights-Based Society for Persons with a Disability in Asia and the Pacific. Ratification of the CRPD should strengthen governments’ efforts to implement the Biwako Millennium Framework because all states parties to the CRPD are obligated to report periodically to the United Nations Committee on the Rights of Persons with Disabilities. This is therefore an opportune time to analyze what the treaty could mean for persons with disabilities in ASEAN.

References

Degener, Theresia. “Report: International Disability Law — A New Subject on the Rise: The Interregional Experts’ Meeting in Hong Kong, December 13-17”. 18 Berkeley Journal of International Law 180. 2000. Kanter, Arlene S. “The Promise and Challenge of the United Nations Convention on the Rights of Persons with Disabilities”. 34 Syracuse Journal of International Law and Commerce 287. 2007. Kayess, Rosemary and Phillip French. “Out of Darkness Into Light? Introducing the Convention on the Rights of Persons with Disabilities”. 8 Human Rights Law Review 1. 2008. MacKay, Don. (Chair of the Ad Hoc Committee from 2005 onwards), “The United Nations Convention on the Rights of Persons with Disabilities”. 34 Syracuse Journal of International Law and Commerce 323. 2007. Mégret, Frédéric. “The Disabilities Convention: Human Rights of Persons with Disabilities or Disability Rights?”. 30 Human Rights Quarterly 494. 2008. Mégret, Frédéric. “The Disabilities Convention: Towards a Holistic Concept of Rights”. 12(2) International Journal of Human Rights 261. 2008. Melish, Tara J. “Perspectives on the Rights of Persons with Disabilities: The UN CRPD: Historic Process, Strong Prospects, and Why the U.S. Should Ratify”. 14 Human Rights Brief 37. 2007. Petersen, Carole J. “A Progressive Law with Weak Enforcement? An Empirical Study of Hong Kong’s Disability Law”. 25 Disability Studies Quarterly (4). 2005. Petersen, Carole J. “China’s Ratification of the Convention on the Rights of Persons with Disabilities: the Implications for Hong Kong,” 38 Hong Kong Law Journal 611-644. 2008. Petersen, Carole J. “Population Policy and Eugenic Theory: Implications of China’s Ratification of the United Nations Convention on the Rights of Persons with Disabilities”. 8 China: An International Journal 85-109. 2010. Petersen, Carole J., Janice Fong and Gabrielle Rush. Enforcing Equal Opportunities: Investigation and Conciliation of Discrimination Complaints in Hong Kong (Hong Kong: Center for Comparative and Public Law, 2003). Buletin, L., 2017. Berita Terkini. [Online] Available at: http://www.buletinlokal.com/ Theo, Li-ann. “Implementing Rights in ASEAN Countries: ‘Promises to keep and miles to go before I sleep’”. 2 Yale Human Rights & Development Law Journal,1. 1999. Quinn, Gerald and Theresia Degener, et al, Human Rights and Disability: The Current Use and Future Potential of United Nations Human Rights Instruments in the Context of Disability. Geneva: United Nations. 2003. International Documents ASEAN Charter Association of Southeast Asian Nations, Cha-Am Hua Hin Declaration on the Intergovernmental Commission on Human Rights (Oct. 23, 2009). Bangkok Recommendations on the Elaboration of a Comprehensive and Integral International Convention to Promote and Protect and the Rights and Dignity of Persons with Disabilities, 4 June 2003 (Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities, Bangkok, Thailand, 2-4 June 2003). Beijing Declaration on the Rights of People with Disabilities in the New Century, adopted 12 Mar 2000 at the World NGO Summit on Disability. Biwako Plus Five: Further Efforts Towards Inclusive, Barrier-Free and Rights-Based Society For Persons With Disabilities in Asia and the Pacific, adopted at the High-Level Intergovernmental Meeting on the Midpoint Review of the Asian and Pacific Decade of Disabled Persons, 2003-2012, 21 Sep 2007. Febriani, N., Cahyani, D., & Gelgel, N. (2016). Pembingkaian Berita Seratus Hari Kerja Jokowi-JK (Analisis Framing Program Berita di Metro Hari Ini). E-Jurnal Medium, 1(2). Retrieved from https://ojs.unud.ac.id/index.php/komunikasi/article/viewFile/20416 General Assembly Resolution 56/168: Comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, adopted 19 Dec 2001. Kofi Annan, “Secretary-General Hails Adoption of Landmark Convention on the Rights of Persons with Disabilities” (delivered by the Deputy Secretary-General on 13 Dec 2006). Optional Protocol to the Convention on the Rights of Persons with Disabilities. International Convention on the Rights of Persons with Disabilities United Nations ENABLE, From Exclusion to Equality: Realizing the Rights of Persons With Disabilities: Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol (2007), ch 6. The Standard Rules on the Equalization of Opportunities for Persons with Disabilities, adopted by the United Nations General Assembly, 20 Dec 1993, 48th session, resolution 48/96, annex. UNESCAP, Disability at a Glance: A Profile of 28 Countries and Areas in Asia and the Pacific (2004).

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