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UN FAQs

Frequently asked questions about the United Nation convention and the Office for Disability Issues

 

UN convention and the UK

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UK and European convention

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Ratification of the UN convention

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Optional Protocol

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Implementation of the UN convention

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Monitoring of the UN convention

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Involving disabled people

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UN convention and the UK

What is the proper name of the UN convention

The proper name of the convention is "The convention on the Rights of People with Disabilities". However in the UK we refer to disabled people rather than people with disabilities so we prefer to call it the UN convention on Disability Rights.

Where can we find a copy of the UN convention

The convention can be found on the UN Enable website (links to the UN Enable website).

Read the Office for Disability Issues Easy Read version of the convention.

Read more on the UN convention on Disability Rights (links to the un-convention.info website) on this independent disability-related website.

What will the UN convention mean for disabled people 

Whilst the convention does not give disabled people new rights it will set international human rights standards across the world ensuring disabled people enjoy the same human rights as everyone else.

Why does the UK support the convention

The Government believes that this is an important initiative and one that will help shape protection of disabled people's rights for the future.

The UK is committed to supporting comprehensive and enforceable rights for disabled people and would wish to see those rights enjoyed by disabled people throughout the world.

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When will the UK ratify the UN convention ?

On 12 November 2007, Anne McGuire told the Joint Committee on Human Rights of Adults with Learning Disabilities Inquiry that she had set her officials the aim of securing ratification no later that the end of 2008.

Why the delay in the UK ratifying the UN convention having signed it on 30 March 2007

Signing the convention on the first day it was opened for signature demonstrates the UK's continued commitment to human rights for disabled people.

The UK will ratify when we are sure our laws, policies, practices and procedures are compatible with the convention's obligations either as they stand or as modified (so far as is possible) by any reservations which the UK makes.

Government departments and the devolved administrations are now checking to see whether legislation, policies, practices and procedures are consistent with the convention's obligations.

Will the UK need to change existing legislation to allow ratification of the convention

We are still checking domestic law, policies, practices and procedures against the convention's obligations. It is too early to give any details about any changes that the UK may need to make before it is able to comply fully with the convention's obligations, or any reservations it may need to make.

We can say though that any reservations which are entered must not be incompatible with the object and purpose of the convention.

What is a ‘reservation’?

A ‘reservation’ excludes or modifies the legal effect of certain provisions of a convention in their application to the state making the reservation.  An 'interpretative' declaration is a unilateral statement in which a state purports to clarify the meaning or scope of the convention or certain of its provisions.  Such a declaration should not modify a state's obligations.

UK and European convention

Can the UK alone ratify the UN convention or does it need to do this together with the European Commission.

We are discussing with the European Commission their plans for ratification (it is called "conclusion") of the UN convention.  We would hope that we can co-ordinate our plans with those of the Commission for conclusion but we are not aware of any legal requirement for simultaneous ratification and conclusion.  Indeed one member state has already ratified the convention. 

Why does the UK need to discuss its ratification plans with the European Commission

The UK shares 'competence' (in this context, the ability to take action at an international level) in a number of areas covered by the convention with the European Community, which also intends to become a party to the convention. 

Where competence is shared it is likely that the European Community and its member states will need to co-ordinate the exercise of their competences. 

What is meant by European Community Competence?

The European Community exercises `competence' that member states have granted to it through various treaties (agreements) and, in certain instances, through secondary legislation. The European Community is only competent to act within the scope of powers allocated to it by member states.

Ratification of the UN convention

When does the UN convention come into force?

The convention will come into force 30 days after 20 states have ratified or acceded to it.  The convention will then be legally binding on the states that have ratified or acceded to it.

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Will the UK Parliament be involved in the ratification process?

Yes. Once the process of checking UK legislation, policies, practices and procedures against the convention's obligations has been completed, and European Commission competence issues have been resolved, the convention will need to go through a number of parliamentary processes before the convention can be ratified.  

What type of parliamentary process is required before the convention can be ratified?

It is UK practice for all treaties subject to ratification to be laid before Parliament for 21 sitting days under what is known as the Ponsonby Rule. This affords Parliament the opportunity of considering commitments which the Government are proposing to enter into.  

Accompanying treaties laid before Parliament under the Ponsonby Rule will be an explanatory memorandum. The memorandum explains the obligations in the convention and any reservations and interpretive declarations that the UK intends to make. It also explains why it is proposed that the UK should become a party to the convention, and what benefits and burdens might follow from becoming a party.

In addition to being laid before both Houses of Parliament, a copy of the explanatory memorandum will be passed to the Joint Committee on Human Rights for its review. 

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Optional Protocol

What is the optional protocol?

Optional protocol gives the right of individual `petition' after exhausting all domestic remedies to the UN Committee which oversees the convention. 

Why did the UK not sign the optional protocol, and does it intend to do so?

The UK Government does not usually sign or ratify optional protocols to UN human rights treaties because it does not consider there to be a sufficiently compelling need to accept individual petition to the UN. Also, the practical value to the individual citizen is unclear. 

The position on the optional protocol, which was not signed by the UK, will be kept under review as part of the work being done to enable the UK to ratify the convention.

Other European states also chose not to sign the optional protocol at this stage.  

Read the ODI Easy Read version of the optional protocol 

Implementation of the UN convention

How much will the UK spend on national implementation of the convention?

The UK is still at the stage of scrutinising our legislation, policies, practices and procedures against the convention's obligations, so it is not possible to say how much might need to be spent on implementation.

Will funding be available to help other governments or Non-Government Organisations (NGOs) working abroad with implementation?

The Department for International Development (DFID) is committed to supporting comprehensive and enforceable rights for disabled people throughout the world. 

DFID funds a wide range of NGOs' work on disability around the world.

DFID also provides support to partner governments to realise the rights and meet the needs of people with disabilities.

We will explore more targeted ways to support its implementation.

Will the UK encourage other states to sign and ratify the UN convention?

Over half (118 as at 28 November 2007) of the UN's member states have already signed the convention. The Foreign and Commonwealth Office, the Department for International Development and the Department for Work and Pensions are working together to encourage the remaining United Nations member states to sign and ratify the convention. The UK Government is however unable to comment on individual countries decisions on whether to sign or not.

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Monitoring of the UN convention

How will the UN convention be monitored?

The convention requires states to establish a 'framework', including one or more independent mechanisms as appropriate, to promote, protect and monitor implementation of the convention.
We will ensure this is done in the UK.
We haven't yet decided on the best approach.

We will, of course, be talking to the new Commission for Equality and Human Rights about this. But we will also need to consider similar bodies in the rest of the UK, for example, the Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission and to discuss these issues with Devolved Administrations.

Two years after the convention comes into force for a state, the state will have to submit a comprehensive report to the United Nations Secretary General setting out in detail the measures taken to meet the convention's obligations. Thereafter, reports have to be submitted every four years. 

Reports will be scrutinised by a new Committee on the Rights of Disabled People - the UN Committee set up to oversee the convention.

This will be set up when the convention comes into force.  Disability organisations will be able to submit reports to the UN Committee which will be able to request further information and make appropriate suggestions and recommendations.

What will the UN Committee look like?

This will initially consist of 12 people, but will expand to no more than 18 as more states ratify the convention. 

The UN Committee will be made up of people who have experience in the issues covered by the convention, and can include experts who are themselves disabled. 

The members of the UN Committee will be nominated and then elected in a secret ballot by the states which are parties to the convention.

Will the UK nominate a candidate for the UN Committee?

Premature to be discussing whether the UK will nominate a candidate for the Committee. However, we would expect to consult disabled people's organisations in the selection of any UK candidate.

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Involving disabled people

How were disabled people involved in the negotiations?

Non-governmental organisations (NGO) were permitted to attend the plenary meetings at the UN, make statements and give and receive papers. However, actual negotiations were conducted only by States' Delegations.

A Voluntary Fund was established to support participation of NGOs from developing countries at AHC meetings. The UK made a donation of £30,000 to this fund.

There were also NGO representatives and disabled people on member states' delegations.

The UK delegation to the AHC included a disability NGO representative, Dr Richard Light OBE, who was nominated by UK organisations. He was able to provide guidance and advice from a disability perspective, inform the delegation about the NGOs' positions and help explain the European Union and United Kingdom position to his NGO colleagues.

While holding the EU Presidency in the latter half of 2005, the UK hosted a London seminar (5 July 2005) for EU NGO representatives and delegations, to discuss progress and share views on the convention text. The UK was the only presidency to host such a meeting and worked closely with the European Disability Forum to agree the day's agenda and themes.

Will disabled people be involved in the next phase of the process – ratification and implementation?

We will continue to involve disabled people, their organisations and bodies like Equality 2025 in the next phase of the process – ratification and implementation. 

What is Equality 2025?

The `Improving the Life Chances of Disabled People' report recommended establishing Equality 2025, enabling disabled people to communicate directly with government.

Equality 2025's main aim is to carry out the promise to disabled people that they will have a direct voice into government – to help design policies and services that disabled people need.

There are currently 23 members of Equality 2025 who are all disabled people and have a variety of skills and experiences. They do not represent any particular impairment or organisation and look at all issues from an equalities perspective. More information on Equality 2025 can be found at: http://www.officefordisability.gov.uk/equality2025/

What is the `Improving the Life Chances of Disabled People' report?

The report is an analysis and a strategic assessment of disabled people's life chances - the opportunities available to disabled people, both children and adults, to improve their quality of life. You can read the Life Chances report on the Strategy Unit website (links to the Cabinet Office website).

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