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DISABILITY CONVENTION: Questions and Answers 1. Why do we need a Convention to protect the rights of persons with disabilities? There are currently about 650 million people with disabilities in the world. Although their rights are protected by existing human rights treaties, which apply equally to non-disabled people and disabled people, they represent a particularly vulnerable group, whose rights are often violated. In practice, the civil, economic and social rights of people with disabilities are routinely violated. They are disproportionately vulnerable to discrimination, and both physical and sexual violence. They are often denied legal capacity, and thus prevented from making choices about their everyday life. The problem therefore stems from a virtual lack of monitoring and implementation of existing human rights standards with regards to the lives of people with disabilities. Governments tend to disregard practical issues regarding the realisation of the rights of people with disabilities and treaty bodies - in charge of monitoring the implementation of existing human rights treaties – do not always have the resources and expertise to challenge governments on this. A recent review by the International Disability Caucus revealed that “competing priorities limit the ability of the treaty bodies to effectively address disability in their mandates”. Therefore, in practice, the rights of people with disabilities often end up being ignored in building accessibility, transportation, education, employment, etc. Consequently, the aim of the new Convention is not to create new rights for disabled people, but to introduce obligations on governments to implement their existing rights fully, and on an equal basis with non-disabled people. 2. What is the role of the Ad Hoc Committee? The Ad Hoc Committee was established by General Assembly Resolution 56/168 of 19 December 2001, with the aim of considering proposals for a Convention to protect and promote the rights and dignity of persons with disabilities. The Resolution also invited States, relevant UN bodies and concerned NGOs to make contributions to the work of the Ad Hoc Committee. The Ad Hoc Committee of the General Assembly held its first session in July 2002. It mainly focused on procedural issues. At the 2nd session, in June 2003, the Committee recommended to the General Assembly that a Convention be elaborated, and established a Working Group to prepare a draft text which would be the basis for negotiation in the next sessions. The Committee started its negotiation on a Draft Convention at its 3rd Session in May 2004, and has been discussing the draft text since. The final text of the Convention was agreed at the 8th session, in August 2006. 3. When will the Convention come into force, and how will it be implemented? The agreed text of the Convention will now be examined by a drafting committee whose role is to ensure clarity, consistency, and lack of duplication. Once this process is complete, it will be presented to the 192 nations General Assembly for adoption at its 61st annual session. After it is approved, the text would then be opened for signature and ratification. The Convention will only enter into force once it has been ratified by 20 governments. It is therefore likely to take effect in 2008 or 2009. The text also establishes a treaty body, i.e. a Committee of experts responsible for monitoring the implementation of the Convention, and to which governments will be required to report, initially after two years and subsequently every four years. It also establishes an Optional Protocol, which provides for individual complaints and inquiries. [Source: UN News, Save the Children, CRIN]