A/RES/48/96
85th plenary meeting
20 December 1993
Standard Rules on the Equalization of Opportunities for
Persons with Disabilities
The General Assembly,
Recalling Economic and Social Council resolution 1990/26 of 24 May 1990,
in which the Council authorized the Commission for Social Development to
consider, at its thirty-second session, the establishment of an ad hoc
open-ended working group of government experts, funded by voluntary
contributions, to elaborate standard rules on the equalization of
opportunities for disabled children, youth and adults, in close collaboration
with the specialized agencies, other intergovernmental bodies and
non-governmental organizations, especially organizations of disabled persons,
and requested the Commission, should it establish such a working group, to
finalize the text of those rules for consideration by the Council in 1993 and
for submission to the General Assembly at its forty-eighth session,
Also recalling that in its resolution 32/2 of 20 February 1991 the
Commission for Social Development decided to establish an ad hoc open-ended
working group of government experts in accordance with Economic and Social
Council resolution 1990/26,
Noting with appreciation the participation of many States, specialized
agencies, intergovernmental bodies and non-governmental organizations,
especially organizations of disabled persons, in the deliberations of the
working group,
Also noting with appreciation the generous financial contributions of
Member States to the working group,
Welcoming the fact that the working group was able to fulfil its mandate
within three sessions of five working days each,
Acknowledging with appreciation the report of the ad hoc open-ended
working group to elaborate standard rules on the equalization of opportunities
for persons with disabilities,
Taking note of the discussion in the Commission for Social Development
at its thirty-third session on the draft standard rules contained in the
report of the working group,
1. Adopts the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities, set forth in the annex to the present resolution;
2. Requests Member States to apply the Rules in developing national
disability programmes;
3. Urges Member States to meet the requests of the Special Rapporteur
for information on the implementation of the Rules;
4. Requests the Secretary-General to promote the implementation of
the Rules and to report thereon to the General Assembly at its fiftieth
session;
5. Urges Member States to support, financially and otherwise, the
implementation of the Rules.
ANNEX
Standard Rules on the Equalization of Opportunities for
Persons with Disabilities
INTRODUCTION
Background and current needs
Previous international action
Towards standard rules
Purpose and content of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities
Fundamental concepts in disability policy
PREAMBLE
I. PRECONDITIONS FOR EQUAL PARTICIPATION
Rule 1. Awareness-raising
Rule 2. Medical care
Rule 3. Rehabilitation
Rule 4. Support services
II. TARGET AREAS FOR EQUAL PARTICIPATION
Rule 5. Accessibility
Rule 6. Education
Rule 7. Employment
Rule 8. Income maintenance and social security
Rule 9. Family life and personal integrity
Rule 10. Culture
Rule 11. Recreation and sports
Rule 12. Religion
III. IMPLEMENTATION MEASURES
Rule 13. Information and research
Rule 14. Policy-making and planning
Rule 15. Legislation
Rule 16. Economic policies
Rule 17. Coordination of work
Rule 18. Organizations of persons with disabilities
Rule 19. Personnel training
Rule 20. National monitoring and evaluation of disability programmes
in the implementation of the Rules
Rule 21. Technical and economic cooperation
Rule 22. International cooperation
IV. MONITORING MECHANISM
INTRODUCTION
Background and current needs
1. There are persons with disabilities in all parts of the world and at all
levels in every society. The number of persons with disabilities in the world
is large and is growing.
2. Both the causes and the consequences of disability vary throughout the
world. Those variations are the result of different socio-economic
circumstances and of the different provisions that States make for the
well-being of their citizens.
3. Present disability policy is the result of developments over the past
200 years. In many ways it reflects the general living conditions and social
and economic policies of different times. In the disability field, however,
there are also many specific circumstances that have influenced the living
conditions of persons with disabilities. Ignorance, neglect, superstition and
fear are social factors that throughout the history of disability have
isolated persons with disabilities and delayed their development.
4. Over the years disability policy developed from elementary care at
institutions to education for children with disabilities and rehabilitation
for persons who became disabled during adult life. Through education and
rehabilitation, persons with disabilities became more active and a driving
force in the further development of disability policy. Organizations of
persons with disabilities, their families and advocates were formed, which
advocated better conditions for persons with disabilities. After the Second
World War the concepts of integration and normalization were introduced, which
reflected a growing awareness of the capabilities of persons with
disabilities.
5. Towards the end of the 1960s organizations of persons with disabilities
in some countries started to formulate a new concept of disability. That new
concept indicated the close connection between the limitation experienced by
individuals with disabilities, the design and structure of their environments
and the attitude of the general population. At the same time the problems of
disability in developing countries were more and more highlighted. In some of
those countries the percentage of the population with disabilities was
estimated to be very high and, for the most part, persons with disabilities
were extremely poor.
Previous international action
6. The rights of persons with disabilities have been the subject of much
attention in the United Nations and other international organizations over a
long period of time. The most important outcome of the International Year of
Disabled Persons, 1981, was the World Programme of Action concerning Disabled
Persons, adopted by the General Assembly by its resolution 37/52 of 3 December
1982. The Year and the World Programme of Action provided a strong impetus
for progress in the field. They both emphasized the right of persons with
disabilities to the same opportunities as other citizens and to an equal share
in the improvements in living conditions resulting from economic and social
development. There also, for the first time, handicap was defined as a
function of the relationship between persons with disabilities and their
environment.
7. The Global Meeting of Experts to Review the Implementation of the World
Programme of Action concerning Disabled Persons at the Mid-Point of the United
Nations Decade of Disabled Persons was held at Stockholm in 1987. It was
suggested at the Meeting that a guiding philosophy should be developed to
indicate the priorities for action in the years ahead. The basis of that
philosophy should be the recognition of the rights of persons with
disabilities.
8. Consequently, the Meeting recommended that the General Assembly convene
a special conference to draft an international convention on the elimination
of all forms of discrimination against persons with disabilities, to be
ratified by States by the end of the Decade.
9. A draft outline of the convention was prepared by Italy and presented to
the General Assembly at its forty-second session. Further presentations
concerning a draft convention were made by Sweden at the forty-fourth session
of the Assembly. However, on both occasions, no consensus could be reached on
the suitability of such a convention. In the opinion of many representatives,
existing human rights documents seemed to guarantee persons with disabilities
the same rights as other persons.
Towards standard rules
10. Guided by the deliberations in the General Assembly, the Economic and
Social Council, at its first regular session of 1990, finally agreed to
concentrate on the elaboration of an international instrument of a different
kind. By its resolution 1990/26 of 24 May 1990, the Council authorized the
Commission for Social Development to consider, at its thirty-second session,
the establishment of an ad hoc open-ended working group of government experts,
funded by voluntary contributions, to elaborate standard rules on the
equalization of opportunities for disabled children, youth and adults, in
close collaboration with the specialized agencies, other intergovernmental
bodies and non-governmental organizations, especially organizations of
disabled persons. The Council also requested the Commission to finalize the
text of those rules for consideration in 1993 and for submission to the
General Assembly at its forty-eighth session.
11. The subsequent discussions in the Third Committee of the General
Assembly at the forty-fifth session showed that there was wide support for the
new initiative to elaborate standard rules on the equalization of
opportunities for persons with disabilities.
12. At the thirty-second session of the Commission for Social Development,
the initiative for standard rules received the support of a large number of
representatives and discussions led to the adoption of resolution 32/2 of 20
February 1991, in which the Commission decided to establish an ad hoc
open-ended working group in accordance with Economic and Social Council
resolution 1990/26.
Purpose and content of the Standard Rules on the
Equalization of Opportunities for Persons with
Disabilities
13. The Standard Rules on the Equalization of Opportunities for Persons with
Disabilities have been developed on the basis of the experience gained during
the United Nations Decade of Disabled Persons (1983-1992). The International
Bill of Human Rights, comprising the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights, the Convention on the
Rights of the Child and the Convention on the Elimination of All Forms of
Discrimination against Women, as well as the World Programme of Action
concerning Disabled Persons, constitute the political and moral foundation for
the Rules.
14. Although the Rules are not compulsory, they can become international
customary rules when they are applied by a great number of States with the
intention of respecting a rule in international law. They imply a strong
moral and political commitment on behalf of States to take action for the
equalization of opportunities for persons with disabilities. Important
principles for responsibility, action and cooperation are indicated. Areas of
decisive importance for the quality of life and for the achievement of full
participation and equality are pointed out. The Rules offer an instrument for
policy-making and action to persons with disabilities and their organizations.
They provide a basis for technical and economic cooperation among States, the
United Nations and other international organizations.
15. The purpose of the Rules is to ensure that girls, boys, women and men
with disabilities, as members of their societies, may exercise the same rights
and obligations as others. In all societies of the world there are still
obstacles preventing persons with disabilities from exercising their rights
and freedoms and making it difficult for them to participate fully in the
activities of their societies. It is the responsibility of States to take
appropriate action to remove such obstacles. Persons with disabilities and
their organizations should play an active role as partners in this process.
The equalization of opportunities for persons with disabilities is an
essential contribution in the general and worldwide effort to mobilize human
resources. Special attention may need to be directed towards groups such as
women, children, the elderly, the poor, migrant workers, persons with dual or
multiple disabilities, indigenous people and ethnic minorities. In addition,
there are a large number of refugees with disabilities who have special needs
requiring attention.
Fundamental concepts in disability policy
16. The concepts set out below appear throughout the Rules. They are
essentially built on the concepts in the World Programme of Action concerning
Disabled Persons. In some cases they reflect the development that has taken
place during the United Nations Decade of Disabled Persons.
Disability and handicap
17. The term "disability" summarizes a great number of different functional
limitations occurring in any population in any country of the world. People
may be disabled by physical, intellectual or sensory impairment, medical
conditions or mental illness. Such impairments, conditions or illnesses may
be permanent or transitory in nature.
18. The term "handicap" means the loss or limitation of opportunities to
take part in the life of the community on an equal level with others. It
describes the encounter between the person with a disability and the
environment. The purpose of this term is to emphasize the focus on the
shortcomings in the environment and in many organized activities in society,
for example, information, communication and education, which prevent persons
with disabilities from participating on equal terms.
19. The use of the two terms "disability" and "handicap", as defined in
paragraphs 17 and 18 above, should be seen in the light of modern disability
history. During the 1970s there was a strong reaction among representatives
of organizations of persons with disabilities and professionals in the field
of disability against the terminology of the time. The terms "disability" and
"handicap" were often used in an unclear and confusing way, which gave poor
guidance for policy-making and for political action. The terminology
reflected a medical and diagnostic approach, which ignored the imperfections
and deficiencies of the surrounding society.
20. In 1980, the World Health Organization adopted an international
classification of impairments, disabilities and handicaps, which suggested a
more precise and at the same time relativistic approach. The International
Classification of Impairments, Disabilities, and Handicaps makes a clear
distinction between "impairment", "disability" and "handicap". It has been
extensively used in areas such as rehabilitation, education, statistics,
policy, legislation, demography, sociology, economics and anthropology. Some
users have expressed concern that the Classification, in its definition of the
term "handicap", may still be considered too medical and too centred on the
individual, and may not adequately clarify the interaction between societal
conditions or expectations and the abilities of the individual. Those
concerns, and others expressed by users during the 12 years since its
publication, will be addressed in forthcoming revisions of the Classification.
21. As a result of experience gained in the implementation of the World
Programme of Action and of the general discussion that took place during the
United Nations Decade of Disabled Persons, there was a deepening of knowledge
and extension of understanding concerning disability issues and the
terminology used. Current terminology recognizes the necessity of addressing
both the individual needs (such as rehabilitation and technical aids) and the
shortcomings of the society (various obstacles for participation).
Prevention
22. The term "prevention" means action aimed at preventing the occurrence of
physical, intellectual, psychiatric or sensory impairments (primary
prevention) or at preventing impairments from causing a permanent functional
limitation or disability (secondary prevention). Prevention may include many
different types of action, such as primary health care, prenatal and postnatal
care, education in nutrition, immunization campaigns against communicable
diseases, measures to control endemic diseases, safety regulations, programmes
for the prevention of accidents in different environments, including
adaptation of workplaces to prevent occupational disabilities and diseases,
and prevention of disability resulting from pollution of the environment or
armed conflict.
Rehabilitation
23. The term "rehabilitation" refers to a process aimed at enabling persons
with disabilities to reach and maintain their optimal physical, sensory,
intellectual, psychiatric and/or social functional levels, thus providing them
with the tools to change their lives towards a higher level of independence.
Rehabilitation may include measures to provide and/or restore functions, or
compensate for the loss or absence of a function or for a functional
limitation. The rehabilitation process does not involve initial medical care.
It includes a wide range of measures and activities from more basic and
general rehabilitation to goal-oriented activities, for instance vocational
rehabilitation.
Equalization of opportunities
24. The term "equalization of opportunities" means the process through which
the various systems of society and the environment, such as services,
activities, information and documentation, are made available to all,
particularly to persons with disabilities.
25. The principle of equal rights implies that the needs of each and every
individual are of equal importance, that those needs must be made the basis
for the planning of societies and that all resources must be employed in such
a way as to ensure that every individual has equal opportunity for
participation.
26. Persons with disabilities are members of society and have the right to
remain within their local communities. They should receive the support they
need within the ordinary structures of education, health, employment and
social services.
27. As persons with disabilities achieve equal rights, they should also have
equal obligations. As those rights are being achieved, societies should raise
their expectations of persons with disabilities. As part of the process of
equal opportunities, provision should be made to assist persons with
disabilities to assume their full responsibility as members of society.
PREAMBLE
States,
Mindful of the pledge made, under the Charter of the United Nations, to
take joint and separate action in cooperation with the Organization to promote
higher standards of living, full employment, and conditions of economic and
social progress and development,
Reaffirming the commitment to human rights and fundamental freedoms,
social justice and the dignity and worth of the human person proclaimed in the
Charter,
Recalling in particular the international standards on human rights,
which have been laid down in the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights,
Underlining that those instruments proclaim that the rights recognized
therein should be ensured equally to all individuals without discrimination,
Recalling the Convention on the Rights of the Child, which prohibits
discrimination on the basis of disability and requires special measures to
ensure the rights of children with disabilities, and the International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families, which provides for some protective measures against
disability,
Recalling also the provisions in the Convention on the Elimination of
All Forms of Discrimination against Women to ensure the rights of girls and
women with disabilities,
Having regard to the Declaration on the Rights of Disabled Persons, the
Declaration on the Rights of Mentally Retarded Persons, the Declaration on
Social Progress and Development, the Principles for the Protection of Persons
with Mental Illness and for the Improvement of Mental Health Care and other
relevant instruments adopted by the General Assembly,
Also having regard to the relevant conventions and recommendations
adopted by the International Labour Organisation, with particular reference to
participation in employment without discrimination for persons with
disabilities,
Mindful of the relevant recommendations and work of the United Nations
Educational, Scientific and Cultural Organization, in particular the World
Declaration on Education for All, the World Health Organization, the United
Nations Children's Fund and other concerned organizations,
Having regard to the commitment made by States concerning the protection
of the environment,
Mindful of the devastation caused by armed conflict and deploring the
use of scarce resources in the production of weapons,
Recognizing that the World Programme of Action concerning Disabled
Persons and the definition therein of equalization of opportunities represent
earnest ambitions on the part of the international community to render those
various international instruments and recommendations of practical and
concrete significance,
Acknowledging that the objective of the United Nations Decade of
Disabled Persons (1983-1992) to implement the World Programme of Action is
still valid and requires urgent and continued action,
Recalling that the World Programme of Action is based on concepts that
are equally valid in developing and industrialized countries,
Convinced that intensified efforts are needed to achieve the full and
equal enjoyment of human rights and participation in society by persons with
disabilities,
Re-emphasizing that persons with disabilities, and their parents,
guardians, advocates and organizations, must be active partners with States in
the planning and implementation of all measures affecting their civil,
political, economic, social and cultural rights,
In pursuance of Economic and Social Council resolution 1990/26, and
basing themselves on the specific measures required for the attainment by
persons with disabilities of equality with others, enumerated in detail in the
World Programme of Action,
Have adopted the Standard Rules on the Equalization of Opportunities for
Persons with Disabilities outlined below, in order:
(a) To stress that all action in the field of disability presupposes
adequate knowledge and experience of the conditions and special needs of
persons with disabilities;
(b) To emphasize that the process through which every aspect of
societal organization is made accessible to all is a basic objective of
socio-economic development;
(c) To outline crucial aspects of social policies in the field of
disability, including, as appropriate, the active encouragement of technical
and economic cooperation;
(d) To provide models for the political decision-making process
required for the attainment of equal opportunities, bearing in mind the widely
differing technical and economic levels, the fact that the process must
reflect keen understanding of the cultural context within which it takes place
and the crucial role of persons with disabilities in it;
(e) To propose national mechanisms for close collaboration among
States, the organs of the United Nations system, other intergovernmental
bodies and organizations of persons with disabilities;
(f) To propose an effective machinery for monitoring the process by
which States seek to attain the equalization of opportunities for persons with
disabilities.
I. PRECONDITIONS FOR EQUAL PARTICIPATION
Rule 1. Awareness-raising
States should take action to raise awareness in society about persons with
disabilities, their rights, their needs, their potential and their
contribution.
1. States should ensure that responsible authorities distribute up-to-date
information on available programmes and services to persons with disabilities,
their families, professionals in the field and the general public.
Information to persons with disabilities should be presented in accessible
form.
2. States should initiate and support information campaigns concerning
persons with disabilities and disability policies, conveying the message that
persons with disabilities are citizens with the same rights and obligations as
others, thus justifying measures to remove all obstacles to full
participation.
3. States should encourage the portrayal of persons with disabilities by
the mass media in a positive way; organizations of persons with disabilities
should be consulted on this matter.
4. States should ensure that public education programmes reflect in all
their aspects the principle of full participation and equality.
5. States should invite persons with disabilities and their families and
organizations to participate in public education programmes concerning
disability matters.
6. States should encourage enterprises in the private sector to include
disability issues in all aspects of their activity.
7. States should initiate and promote programmes aimed at raising the level
of awareness of persons with disabilities concerning their rights and
potential. Increased self-reliance and empowerment will assist persons with
disabilities to take advantage of the opportunities available to them.
8. Awareness-raising should be an important part of the education of
children with disabilities and in rehabilitation programmes. Persons with
disabilities could also assist one another in awareness-raising through the
activities of their own organizations.
9. Awareness-raising should be part of the education of all children and
should be a component of teacher-training courses and training of all
professionals.
Rule 2. Medical care
States should ensure the provision of effective medical care to persons with
disabilities.
1. States should work towards the provision of programmes run by
multidisciplinary teams of professionals for early detection, assessment and
treatment of impairment. This could prevent, reduce or eliminate disabling
effects. Such programmes should ensure the full participation of persons with
disabilities and their families at the individual level, and of organizations
of persons with disabilities at the planning and evaluation level.
2. Local community workers should be trained to participate in areas such
as early detection of impairments, the provision of primary assistance and
referral to appropriate services.
3. States should ensure that persons with disabilities, particularly
infants and children, are provided with the same level of medical care within
the same system as other members of society.
4. States should ensure that all medical and paramedical personnel are
adequately trained and equipped to give medical care to persons with
disabilities and that they have access to relevant treatment methods and
technology.
5. States should ensure that medical, paramedical and related personnel are
adequately trained so that they do not give inappropriate advice to parents,
thus restricting options for their children. This training should be an
ongoing process and should be based on the latest information available.
6. States should ensure that persons with disabilities are provided with
any regular treatment and medicines they may need to preserve or improve their
level of functioning.
Rule 3. Rehabilitation*
States should ensure the provision of rehabilitation services to persons with
disabilities in order for them to reach and sustain their optimum level of
independence and functioning.
1. States should develop national rehabilitation programmes for all groups
of persons with disabilities. Such programmes should be based on the actual
individual needs of persons with disabilities and on the principles of full
participation and equality.
2. Such programmes should include a wide range of activities, such as basic
skills training to improve or compensate for an affected function, counselling
of persons with disabilities and their families, developing self-reliance, and
occasional services such as assessment and guidance.
3. All persons with disabilities, including persons with severe and/or
multiple disabilities, who require rehabilitation should have access to it.
4. Persons with disabilities and their families should be able to
participate in the design and organization of rehabilitation services
concerning themselves.
5. All rehabilitation services should be available in the local community
where the person with disabilities lives. However, in some instances, in
order to attain a certain training objective, special time-limited
rehabilitation courses may be organized, where appropriate, in residential
form.
6. Persons with disabilities and their families should be encouraged to
involve themselves in rehabilitation, for instance as trained teachers,
instructors or counsellors.
7. States should draw upon the expertise of organizations of persons with
disabilities when formulating or evaluating rehabilitation programmes.
Rule 4. Support services
States should ensure the development and supply of support services, including
assistive devices for persons with disabilities, to assist them to increase
their level of independence in their daily living and to exercise their
rights.
1. States should ensure the provision of assistive devices and equipment,
personal assistance and interpreter services, according to the needs of
persons with disabilities, as important measures to achieve the equalization
of opportunities.
2. States should support the development, production, distribution and
servicing of assistive devices and equipment and the dissemination of
knowledge about them.
3. To achieve this, generally available technical know-how should be
utilized. In States where high-technology industry is available, it should be
fully utilized to improve the standard and effectiveness of assistive devices
and equipment. It is important to stimulate the development and production of
simple and inexpensive devices, using local material and local production
facilities when possible. Persons with disabilities themselves could be
involved in the production of those devices.
4. States should recognize that all persons with disabilities who need
assistive devices should have access to them as appropriate, including
financial accessibility. This may mean that assistive devices and equipment
should be provided free of charge or at such a low price that persons with
disabilities or their families can afford to buy them.
5. In rehabilitation programmes for the provision of assistive devices and
equipment, States should consider the special requirements of girls and boys
with disabilities concerning the design, durability and age-appropriateness of
assistive devices and equipment.
6. States should support the development and provision of personal
assistance programmes and interpretation services, especially for persons with
severe and/or multiple disabilities. Such programmes would increase the level
of participation of persons with disabilities in everyday life at home, at
work, in school and during leisure-time activities.
7. Personal assistance programmes should be designed in such a way that the
persons with disabilities using the programmes have a decisive influence on
the way in which the programmes are delivered.
II. TARGET AREAS FOR EQUAL PARTICIPATION
Rule 5. Accessibility
States should recognize the overall importance of accessibility in the process
of the equalization of opportunities in all spheres of society. For persons
with disabilities of any kind, States should (a) introduce programmes of
action to make the physical environment accessible; and (b) undertake measures
to provide access to information and communication.
(a) Access to the physical environment
1. States should initiate measures to remove the obstacles to participation
in the physical environment. Such measures should be to develop standards and
guidelines and to consider enacting legislation to ensure accessibility to
various areas in society, such as housing, buildings, public transport
services and other means of transportation, streets and other outdoor
environments.
2. States should ensure that architects, construction engineers and others
who are professionally involved in the design and construction of the physical
environment have access to adequate information on disability policy and
measures to achieve accessibility.
3. Accessibility requirements should be included in the design and
construction of the physical environment from the beginning of the designing
process.
4. Organizations of persons with disabilities should be consulted when
standards and norms for accessibility are being developed. They should also
be involved locally from the initial planning stage when public construction
projects are being designed, thus ensuring maximum accessibility.
(b) Access to information and communication
5. Persons with disabilities and, where appropriate, their families and
advocates should have access to full information on diagnosis, rights and
available services and programmes, at all stages. Such information should be
presented in forms accessible to persons with disabilities.
6. States should develop strategies to make information services and
documentation accessible for different groups of persons with disabilities.
Braille, tape services, large print and other appropriate technologies should
be used to provide access to written information and documentation for persons
with visual impairments. Similarly, appropriate technologies should be used
to provide access to spoken information for persons with auditory impairments
or comprehension difficulties.
7. Consideration should be given to the use of sign language in the
education of deaf children, in their families and communities. Sign language
interpretation services should also be provided to facilitate the
communication between deaf persons and others.
8. Consideration should also be given to the needs of people with other
communication disabilities.
9. States should encourage the media, especially television, radio and
newspapers, to make their services accessible.
10. States should ensure that new computerized information and service
systems offered to the general public are either made initially accessible or
are adapted to be made accessible to persons with disabilities.
11. Organizations of persons with disabilities should be consulted when
measures to make information services accessible are being developed.
Rule 6. Education
States should recognize the principle of equal primary, secondary and tertiary
educational opportunities for children, youth and adults with disabilities, in
integrated settings. They should ensure that the education of persons with
disabilities is an integral part of the educational system.
1. General educational authorities are responsible for the education of
persons with disabilities in integrated settings. Education for persons with
disabilities should form an integral part of national educational planning,
curriculum development and school organization.
2. Education in mainstream schools presupposes the provision of interpreter
and other appropriate support services. Adequate accessibility and support
services, designed to meet the needs of persons with different disabilities,
should be provided.
3. Parent groups and organizations of persons with disabilities should be
involved in the education process at all levels.
4. In States where education is compulsory it should be provided to girls
and boys with all kinds and all levels of disabilities, including the most
severe.
5. Special attention should be given in the following areas:
(a) Very young children with disabilities;
(b) Pre-school children with disabilities;
(c) Adults with disabilities, particularly women.
6. To accommodate educational provisions for persons with disabilities in
the mainstream, States should:
(a) Have a clearly stated policy, understood and accepted at the
school level and by the wider community;
(b) Allow for curriculum flexibility, addition and adaptation;
(c) Provide for quality materials, ongoing teacher training and
support teachers.
7. Integrated education and community-based programmes should be seen as
complementary approaches in providing cost-effective education and training
for persons with disabilities. National community-based programmes should
encourage communities to use and develop their resources to provide local
education to persons with disabilities.
8. In situations where the general school system does not yet adequately
meet the needs of all persons with disabilities, special education may be
considered. It should be aimed at preparing students for education in the
general school system. The quality of such education should reflect the same
standards and ambitions as general education and should be closely linked to
it. At a minimum, students with disabilities should be afforded the same
portion of educational resources as students without disabilities. States
should aim for the gradual integration of special education services into
mainstream education. It is acknowledged that in some instances special
education may currently be considered to be the most appropriate form of
education for some students with disabilities.
9. Owing to the particular communication needs of deaf and deaf/blind
persons, their education may be more suitably provided in schools for such
persons or special classes and units in mainstream schools. At the initial
stage, in particular, special attention needs to be focused on culturally
sensitive instruction that will result in effective communication skills and
maximum independence for people who are deaf or deaf/blind.
Rule 7. Employment
States should recognize the principle that persons with disabilities must be
empowered to exercise their human rights, particularly in the field of
employment. In both rural and urban areas they must have equal opportunities
for productive and gainful employment in the labour market.
1. Laws and regulations in the employment field must not discriminate
against persons with disabilities and must not raise obstacles to their
employment.
2. States should actively support the integration of persons with
disabilities into open employment. This active support could occur through a
variety of measures, such as vocational training, incentive-oriented quota
schemes, reserved or designated employment, loans or grants for small
business, exclusive contracts or priority production rights, tax concessions,
contract compliance or other technical or financial assistance to enterprises
employing workers with disabilities. States should also encourage employers
to make reasonable adjustments to accommodate persons with disabilities.
3. States' action programmes should include:
(a) Measures to design and adapt workplaces and work premises in such
a way that they become accessible to persons with different disabilities;
(b) Support for the use of new technologies and the development and
production of assistive devices, tools and equipment and measures to
facilitate access to such devices and equipment for persons with disabilities
to enable them to gain and maintain employment;
(c) Provision of appropriate training and placement and ongoing
support such as personal assistance and interpreter services.
4. States should initiate and support public awareness-raising campaigns
designed to overcome negative attitudes and prejudices concerning workers with
disabilities.
5. In their capacity as employers, States should create favourable
conditions for the employment of persons with disabilities in the public
sector.
6. States, workers' organizations and employers should cooperate to ensure
equitable recruitment and promotion policies, employment conditions, rates of
pay, measures to improve the work environment in order to prevent injuries and
impairments and measures for the rehabilitation of employees who have
sustained employment-related injuries.
7. The aim should always be for persons with disabilities to obtain
employment in the open labour market. For persons with disabilities whose
needs cannot be met in open employment, small units of sheltered or supported
employment may be an alternative. It is important that the quality of such
programmes be assessed in terms of their relevance and sufficiency in
providing opportunities for persons with disabilities to gain employment in
the labour market.
8. Measures should be taken to include persons with disabilities in
training and employment programmes in the private and informal sectors.
9. States, workers' organizations and employers should cooperate with
organizations of persons with disabilities concerning all measures to create
training and employment opportunities, including flexible hours, part-time
work, job-sharing, self-employment and attendant care for persons with
disabilities.
Rule 8. Income maintenance and social security
States are responsible for the provision of social security and income
maintenance for persons with disabilities.
1. States should ensure the provision of adequate income support to persons
with disabilities who, owing to disability or disability-related factors, have
temporarily lost or received a reduction in their income or have been denied
employment opportunities. States should ensure that the provision of support
takes into account the costs frequently incurred by persons with disabilities
and their families as a result of the disability.
2. In countries where social security, social insurance or other social
welfare schemes exist or are being developed for the general population,
States should ensure that such systems do not exclude or discriminate against
persons with disabilities.
3. States should also ensure the provision of income support and social
security protection to individuals who undertake the care of a person with a
disability.
4. Social security systems should include incentives to restore the
income-earning capacity of persons with disabilities. Such systems should
provide or contribute to the organization, development and financing of
vocational training. They should also assist with placement services.
5. Social security programmes should also provide incentives for persons
with disabilities to seek employment in order to establish or re-establish
their income-earning capacity.
6. Income support should be maintained as long as the disabling conditions
remain in a manner that does not discourage persons with disabilities from
seeking employment. It should only be reduced or terminated when persons with
disabilities achieve adequate and secure income.
7. States, in countries where social security is to a large extent provided
by the private sector, should encourage local communities, welfare
organizations and families to develop self-help measures and incentives for
employment or employment-related activities for persons with disabilities.
Rule 9. Family life and personal integrity
States should promote the full participation of persons with disabilities in
family life. They should promote their right to personal integrity and ensure
that laws do not discriminate against persons with disabilities with respect
to sexual relationships, marriage and parenthood.
1. Persons with disabilities should be enabled to live with their families.
States should encourage the inclusion in family counselling of appropriate
modules regarding disability and its effects on family life. Respite-care and
attendant-care services should be made available to families which include a
person with disabilities. States should remove all unnecessary obstacles to
persons who want to foster or adopt a child or adult with disabilities.
2. Persons with disabilities must not be denied the opportunity to
experience their sexuality, have sexual relationships and experience
parenthood. Taking into account that persons with disabilities may experience
difficulties in getting married and setting up a family, States should
encourage the availability of appropriate counselling. Persons with
disabilities must have the same access as others to family-planning methods,
as well as to information in accessible form on the sexual functioning of
their bodies.
3. States should promote measures to change negative attitudes towards
marriage, sexuality and parenthood of persons with disabilities, especially of
girls and women with disabilities, which still prevail in society. The media
should be encouraged to play an important role in removing such negative
attitudes.
4. Persons with disabilities and their families need to be fully informed
about taking precautions against sexual and other forms of abuse. Persons
with disabilities are particularly vulnerable to abuse in the family,
community or institutions and need to be educated on how to avoid the
occurrence of abuse, recognize when abuse has occurred and report on such
acts.
Rule 10. Culture
States will ensure that persons with disabilities are integrated into and can
participate in cultural activities on an equal basis.
1. States should ensure that persons with disabilities have the opportunity
to utilize their creative, artistic and intellectual potential, not only for
their own benefit, but also for the enrichment of their community, be they in
urban or rural areas. Examples of such activities are dance, music,
literature, theatre, plastic arts, painting and sculpture. Particularly in
developing countries, emphasis should be placed on traditional and
contemporary art forms, such as puppetry, recitation and story-telling.
2. States should promote the accessibility to and availability of places
for cultural performances and services, such as theatres, museums, cinemas and
libraries, to persons with disabilities.
3. States should initiate the development and use of special technical
arrangements to make literature, films and theatre accessible to persons with
disabilities.
Rule 11. Recreation and sports
States will take measures to ensure that persons with disabilities have equal
opportunities for recreation and sports.
1. States should initiate measures to make places for recreation and
sports, hotels, beaches, sports arenas, gym halls, etc., accessible to persons
with disabilities. Such measures should encompass support for staff in
recreation and sports programmes, including projects to develop methods of
accessibility, and participation, information and training programmes.
2. Tourist authorities, travel agencies, hotels, voluntary organizations
and others involved in organizing recreational activities or travel
opportunities should offer their services to all, taking into account the
special needs of persons with disabilities. Suitable training should be
provided to assist that process.
3. Sports organizations should be encouraged to develop opportunities for
participation by persons with disabilities in sports activities. In some
cases, accessibility measures could be enough to open up opportunities for
participation. In other cases, special arrangements or special games would be
needed. States should support the participation of persons with disabilities
in national and international events.
4. Persons with disabilities participating in sports activities should have
access to instruction and training of the same quality as other participants.
5. Organizers of sports and recreation should consult with organizations of
persons with disabilities when developing their services for persons with
disabilities.
Rule 12. Religion
States will encourage measures for equal participation by persons with
disabilities in the religious life of their communities.
1. States should encourage, in consultation with religious authorities,
measures to eliminate discrimination and make religious activities accessible
to persons with disabilities.
2. States should encourage the distribution of information on disability
matters to religious institutions and organizations. States should also
encourage religious authorities to include information on disability policies
in the training for religious professions, as well as in religious education
programmes.
3. They should also encourage the accessibility of religious literature to
persons with sensory impairments.
4. States and/or religious organizations should consult with organizations
of persons with disabilities when developing measures for equal participation
in religious activities.
III. IMPLEMENTATION MEASURES
Rule 13. Information and research
States assume the ultimate responsibility for the collection and dissemination
of information on the living conditions of persons with disabilities and
promote comprehensive research on all aspects, including obstacles that affect
the lives of persons with disabilities.
1. States should, at regular intervals, collect gender-specific statistics
and other information concerning the living conditions of persons with
disabilities. Such data collection could be conducted in conjunction with
national censuses and household surveys and could be undertaken in close
collaboration, inter alia, with universities, research institutes and
organizations of persons with disabilities. The data collection should
include questions on programmes and services and their use.
2. States should consider establishing a data bank on disability, which
would include statistics on available services and programmes as well as on
the different groups of persons with disabilities. They should bear in mind
the need to protect individual privacy and personal integrity.
3. States should initiate and support programmes of research on social,
economic and participation issues that affect the lives of persons with
disabilities and their families. Such research should include studies on the
causes, types and frequencies of disabilities, the availability and efficacy
of existing programmes and the need for development and evaluation of services
and support measures.
4. States should develop and adopt terminology and criteria for the conduct
of national surveys, in cooperation with organizations of persons with
disabilities.
5. States should facilitate the participation of persons with disabilities
in data collection and research. To undertake such research States should
particularly encourage the recruitment of qualified persons with disabilities.
6. States should support the exchange of research findings and experiences.
7. States should take measures to disseminate information and knowledge on
disability to all political and administration levels within national,
regional and local spheres.
Rule 14. Policy-making and planning
States will ensure that disability aspects are included in all relevant
policy-making and national planning.
1. States should initiate and plan adequate policies for persons with
disabilities at the national level, and stimulate and support action at
regional and local levels.
2. States should involve organizations of persons with disabilities in all
decision-making relating to plans and programmes concerning persons with
disabilities or affecting their economic and social status.
3. The needs and concerns of persons with disabilities should be
incorporated into general development plans and not be treated separately.
4. The ultimate responsibility of States for the situation of persons with
disabilities does not relieve others of their responsibility. Anyone in
charge of services, activities or the provision of information in society
should be encouraged to accept responsibility for making such programmes
available to persons with disabilities.
5. States should facilitate the development by local communities of
programmes and measures for persons with disabilities. One way of doing this
could be to develop manuals or check-lists and provide training programmes for
local staff.
Rule 15. Legislation
States have a responsibility to create the legal bases for measures to achieve
the objectives of full participation and equality for persons with
disabilities.
1. National legislation, embodying the rights and obligations of citizens,
should include the rights and obligations of persons with disabilities.
States are under an obligation to enable persons with disabilities to exercise
their rights, including their human, civil and political rights, on an equal
basis with other citizens. States must ensure that organizations of persons
with disabilities are involved in the development of national legislation
concerning the rights of persons with disabilities, as well as in the ongoing
evaluation of that legislation.
2. Legislative action may be needed to remove conditions that may adversely
affect the lives of persons with disabilities, including harassment and
victimization. Any discriminatory provisions against persons with
disabilities must be eliminated. National legislation should provide for
appropriate sanctions in case of violations of the principles of
non-discrimination.
3. National legislation concerning persons with disabilities may appear in
two different forms. The rights and obligations may be incorporated in
general legislation or contained in special legislation. Special legislation
for persons with disabilities may be established in several ways:
(a) By enacting separate legislation, dealing exclusively with
disability matters;
(b) By including disability matters within legislation on particular
topics;
(c) By mentioning persons with disabilities specifically in the texts
that serve to interpret existing legislation.
A combination of those different approaches might be desirable. Affirmative
action provisions may also be considered.
4. States may consider establishing formal statutory complaints mechanisms
in order to protect the interests of persons with disabilities.
Rule 16. Economic policies
States have the financial responsibility for national programmes and measures
to create equal opportunities for persons with disabilities.
1. States should include disability matters in the regular budgets of all
national, regional and local government bodies.
2. States, non-governmental organizations and other interested bodies
should interact to determine the most effective ways of supporting projects
and measures relevant to persons with disabilities.
3. States should consider the use of economic measures (loans, tax
exemptions, earmarked grants, special funds, and so on) to stimulate and
support equal participation by persons with disabilities in society.
4. In many States it may be advisable to establish a disability development
fund, which could support various pilot projects and self-help programmes at
the grass-roots level.
Rule 17. Coordination of work
States are responsible for the establishment and strengthening of national
coordinating committees, or similar bodies, to serve as a national focal point
on disability matters.
1. The national coordinating committee or similar bodies should be
permanent and based on legal as well as appropriate administrative regulation.
2. A combination of representatives of private and public organizations is
most likely to achieve an intersectoral and multidisciplinary composition.
Representatives could be drawn from concerned government ministries,
organizations of persons with disabilities and non-governmental organizations.
3. Organizations of persons with disabilities should have considerable
influence in the national coordinating committee in order to ensure proper
feedback of their concerns.
4. The national coordinating committee should be provided with sufficient
autonomy and resources to fulfil its responsibilities in relation to its
decision-making capacities. It should report to the highest governmental
level.
Rule 18. Organizations of persons with disabilities
States should recognize the right of the organizations of persons with
disabilities to represent persons with disabilities at national, regional and
local levels. States should also recognize the advisory role of organizations
of persons with disabilities in decision-making on disability matters.
1. States should encourage and support economically and in other ways the
formation and strengthening of organizations of persons with disabilities,
family members and/or advocates. States should recognize that those
organizations have a role to play in the development of disability policy.
2. States should establish ongoing communication with organizations of
persons with disabilities and ensure their participation in the development of
government policies.
3. The role of organizations of persons with disabilities could be to
identify needs and priorities, to participate in the planning, implementation
and evaluation of services and measures concerning the lives of persons with
disabilities, and to contribute to public awareness and to advocate change.
4. As instruments of self-help, organizations of persons with disabilities
provide and promote opportunities for the development of skills in various
fields, mutual support among members and information sharing.
5. Organizations of persons with disabilities could perform their advisory
role in many different ways such as having permanent representation on boards
of government-funded agencies, serving on public commissions and providing
expert knowledge on different projects.
6. The advisory role of organizations of persons with disabilities should
be ongoing in order to develop and deepen the exchange of views and
information between the State and the organizations.
7. Organizations should be permanently represented on the national
coordinating committee or similar bodies.
8. The role of local organizations of persons with disabilities should be
developed and strengthened to ensure that they influence matters at the
community level.
Rule 19. Personnel training
States are responsible for ensuring the adequate training of personnel, at all
levels, involved in the planning and provision of programmes and services
concerning persons with disabilities.
1. States should ensure that all authorities providing services in the
disability field give adequate training to their personnel.
2. In the training of professionals in the disability field, as well as in
the provision of information on disability in general training programmes, the
principle of full participation and equality should be appropriately
reflected.
3. States should develop training programmes in consultation with
organizations of persons with disabilities, and persons with disabilities
should be involved as teachers, instructors or advisers in staff training
programmes.
4. The training of community workers is of great strategic importance,
particularly in developing countries. It should involve persons with
disabilities and include the development of appropriate values, competence and
technologies as well as skills which can be practised by persons with
disabilities, their parents, families and members of the community.
Rule 20. National monitoring and evaluation of
disability programmes in the implementation of
the Rules
States are responsible for the continuous monitoring and evaluation of the
implementation of national programmes and services concerning the equalization
of opportunities for persons with disabilities.
1. States should periodically and systematically evaluate national
disability programmes and disseminate both the bases and the results of the
evaluations.
2. States should develop and adopt terminology and criteria for the
evaluation of disability-related programmes and services.
3. Such criteria and terminology should be developed in close cooperation
with organizations of persons with disabilities from the earliest conceptual
and planning stages.
4. States should participate in international cooperation in order to
develop common standards for national evaluation in the disability field.
States should encourage national coordinating committees to participate also.
5. The evaluation of various programmes in the disability field should be
built in at the planning stage, so that the overall efficacy in fulfilling
their policy objectives can be evaluated.
Rule 21. Technical and economic cooperation
States, both industrialized and developing, have the responsibility to
cooperate in and take measures for the improvement of the living conditions of
persons with disabilities in developing countries.
1. Measures to achieve the equalization of opportunities of persons with
disabilities, including refugees with disabilities, should be integrated into
general development programmes.
2. Such measures must be integrated into all forms of technical and
economic cooperation, bilateral and multilateral, governmental and
non-governmental. States should bring up disability issues in discussions on
such cooperation with their counterparts.
3. When planning and reviewing programmes of technical and economic
cooperation, special attention should be given to the effects of such
programmes on the situation of persons with disabilities. It is of the utmost
importance that persons with disabilities and their organizations are
consulted on any development projects designed for persons with disabilities.
They should be directly involved in the development, implementation and
evaluation of such projects.
4. Priority areas for technical and economic cooperation should include:
(a) The development of human resources through the development of
skills, abilities and potentials of persons with disabilities and the
initiation of employment-generating activities for and of persons with
disabilities;
(b) The development and dissemination of appropriate
disability-related technologies and know-how.
5. States are also encouraged to support the formation and strengthening of
organizations of persons with disabilities.
6. States should take measures to improve the knowledge of disability
issues among staff involved at all levels in the administration of technical
and economic cooperation programmes.
Rule 22. International cooperation
States will participate actively in international cooperation concerning
policies for the equalization of opportunities for persons with disabilities.
1. Within the United Nations, the specialized agencies and other concerned
intergovernmental organizations, States should participate in the development
of disability policy.
2. Whenever appropriate, States should introduce disability aspects in
general negotiations concerning standards, information exchange, development
programmes, etc.
3. States should encourage and support the exchange of knowledge and
experience among:
(a) Non-governmental organizations concerned with disability issues;
(b) Research institutions and individual researchers involved in
disability issues;
(c) Representatives of field programmes and of professional groups in
the disability field;
(d) Organizations of persons with disabilities;
(e) National coordinating committees.
4. States should ensure that the United Nations and the specialized
agencies, as well as all intergovernmental and interparliamentary bodies, at
global and regional levels, include in their work the global and regional
organizations of persons with disabilities.
IV. MONITORING MECHANISM
1. The purpose of a monitoring mechanism is to further the effective
implementation of the Rules. It will assist each State in assessing its level
of implementation of the Rules and in measuring its progress. The monitoring
should identify obstacles and suggest suitable measures that would contribute
to the successful implementation of the Rules. The monitoring mechanism will
recognize the economic, social and cultural features existing in individual
States. An important element should also be the provision of advisory
services and the exchange of experience and information between States.
2. The Rules shall be monitored within the framework of the sessions of the
Commission for Social Development. A Special Rapporteur with relevant and
extensive experience in disability issues and international organizations
shall be appointed, if necessary, funded by extrabudgetary resources, for
three years to monitor the implementation of the Rules.
3. International organizations of persons with disabilities having
consultative status with the Economic and Social Council and organizations
representing persons with disabilities who have not yet formed their own
organizations should be invited to create among themselves a panel of experts,
on which organizations of persons with disabilities shall have a majority,
taking into account the different kinds of disabilities and necessary
equitable geographical distribution, to be consulted by the Special Rapporteur
and, when appropriate, by the Secretariat.
4. The panel of experts will be encouraged by the Special Rapporteur to
review, advise and provide feedback and suggestions on the promotion,
implementation and monitoring of the Rules.
5. The Special Rapporteur shall send a set of questions to States, entities
within the United Nations system, and intergovernmental and non-governmental
organizations, including organizations of persons with disabilities. The set
of questions should address implementation plans for the Rules in States. The
questions should be selective in nature and cover a number of specific rules
for in-depth evaluation. In preparing the questions the Special Rapporteur
should consult with the panel of experts and the Secretariat.
6. The Special Rapporteur shall seek to establish a direct dialogue not
only with States but also with local non-governmental organizations, seeking
their views and comments on any information intended to be included in the
reports. The Special Rapporteur shall provide advisory services on the
implementation and monitoring of the Rules and assistance in the preparation
of replies to the sets of questions.
7. The Department for Policy Coordination and Sustainable Development of
the Secretariat, as the United Nations focal point on disability issues, the
United Nations Development Programme and other entities and mechanisms within
the United Nations system, such as the regional commissions and specialized
agencies and inter-agency meetings, shall cooperate with the Special
Rapporteur in the implementation and monitoring of the Rules at the national
level.
8. The Special Rapporteur, assisted by the Secretariat, shall prepare
reports for submission to the Commission for Social Development at its
thirty-fourth and thirty-fifth sessions. In preparing such reports, the
Rapporteur should consult with the panel of experts.
9. States should encourage national coordinating committees or similar
bodies to participate in implementation and monitoring. As the focal points
on disability matters at the national level, they should be encouraged to
establish procedures to coordinate the monitoring of the Rules. Organizations
of persons with disabilities should be encouraged to be actively involved in
the monitoring of the process at all levels.
10. Should extrabudgetary resources be identified, one or more positions of
interregional adviser on the Rules should be created to provide direct
services to States, including:
(a) The organization of national and regional training seminars on the
content of the Rules;
(b) The development of guidelines to assist in strategies for
implementation of the Rules;
(c) Dissemination of information about best practices concerning
implementation of the Rules.
11. At its thirty-fourth session, the Commission for Social Development
should establish an open-ended working group to examine the Special
Rapporteur's report and make recommendations on how to improve the application
of the Rules. In examining the Special Rapporteur's report, the Commission,
through its open-ended working group, shall consult international
organizations of persons with disabilities and specialized agencies, in
accordance with rules 71 and 76 of the rules of procedure of the functional
commissions of the Economic and Social Council.
12. At its session following the end of the Special Rapporteur's mandate,
the Commission should examine the possibility of either renewing that mandate,
appointing a new Special Rapporteur or considering another monitoring
mechanism, and should make appropriate recommendations to the Economic and
Social Council.
13. States should be encouraged to contribute to the United Nations
Voluntary Fund on Disability in order to further the implementation of the
Rules.
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