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29/08/2008

Ensuring a Participative, Inclusive Society for All: The Role of National Institutions in Canada and Abroad

Ensuring a Participative, Inclusive Society for All:
The Role of National Institutions in Canada and Abroad

Address delivered to
The World Congress of Rehabilitation International

by

Chair,
International Coordinating Committee
of
National Institutions for the Promotion and Protection of
Human Rights

and
Chief Commissioner,
Canadian Human Rights Commission

21st World Congress of Rehabilitation International (RI)

Wednesday, August 27, 2008
Quebec Conference Centre
Quebec City, Canada

Check against delivery

Thank you, Mr. Fougeyrollas, (Patrick) for your kind introduction.

Good morning.

When I was asked by Rehabilitation International to attend this conference, I accepted instantly. I have a deep respect for the work that you do. In addition, the theme of this World Congress – building an inclusive society— is central to the work of the Canadian Human Rights Commission, both domestically and internationally.

The UN Convention on the Rights of Persons with Disabilities, the first convention of the 21st century, is rapidly becoming one of the most ratified treaties in the human rights system. Rehabilitation International played a seminal role, by bringing attention to the need for the international protection of these rights and in the drafting of the Convention.

Here we are– just 8 years into the new Millenium – and we find ourselves at an interesting, challenging and hopeful time. A time when the opportunity of realizing our mission of building an inclusive society is in sight.

This gathering is an excellent opportunity to build on this momentum by sharing ideas, developing strategies and creating partnerships.

Today, I will share some practical ideas that National Institutions have been developing on the implementation of the Convention.

Before I do, I will provide you with some context about the International Coordinating Committee for National Human Rights Institutions – ICC— its role and some of the work it has been doing in this area.

I. Background on the ICC

The ICC was created about 15 years ago. It is made up of national human rights institutions from around the world and divided into four regional groupings: the Americas, the Asia Pacific region, Europe and Africa.

The purpose of the ICC is to promote and strengthen National Human Rights Institutions. It also provides leadership in the promotion and protection of human rights. It does this by holding conferences, providing training, establishing working groups and offering assistance at the national level.

One of the ICC’s core activities is the accreditation of National Institutions. It does this to ensure that national institutions comply fully with international standards. These rigorous rules, known as the Paris Principles, set standards on the mandate, composition and functioning of national institutions. They ensure the institution’s effectiveness and independence.

Currently, sixty-two (62) National Institutions are fully compliant and hold "A" Status accreditation and that number is growing yearly.

National Institutions are primarily concerned with the domestic application of human rights. However, they also play an important international role. They were deeply involved in pushing for the creation of the Convention and took part in its drafting. I personally had the privilege of making a statement on behalf of National Institutions at the Convention signing ceremony, held at the UN headquarters in March 2007.

Under the inspired leadership of Dr. Gerard Quinn, who spoke earlier this week, National Institutions participated for the first time in the drafting of a UN treaty.

The Convention on the Rights of Persons With Disabilities, while it does not elaborate new rights, is deeply symbolic. The Convention serves to strengthen the political momentum towards securing equal rights for persons with disabilities. It provides a clear moral compass on what must be done to create a fully inclusive society. Even more significant is the fact that the Convention is a binding instrument, one that places legal responsibilities on the State.

Securing any human right requires change. Legal reform is necessary to ensure the development of a society that recognizes the capacities of persons with disabilities and ensures that they can use them— a society that is inclusive rather than restrictive.

Persons with disabilities have voices that must be heard in this process- both because those reforms will be enriched by these inputs, and because inclusivity demands it.

The coming into force of the Convention is an important milestone along the way; it is not by any means the end of our journey. Ultimately, success will relate to the degree to which the Convention rights are being enjoyed on the ground, not on how fine they appear on the page. Now, practical steps are needed to prepare stakeholders including National Institutions, to support its implementation.

National Institutions have continuously demonstrated their deep commitment to raising the profile of disability and human rights, in a variety of ways.

As well, the Convention requires States to maintain or establish mechanisms to promote, protect and monitor implementation. National Human Rights Institutions, where they exist, form part of this national mechanism.

Conscious of the need to prepare now to take an active role in implementation, the ICC and its regional bodies are working to develop and share practical strategies.

Here are some of the activities that National Institutions can engage in ¹. They can:

1. promote the need for governments to designate a focal point and develop a coordination mechanism, to ensure that disability rights are addressed systemically. This should of course be done in full consultation with representative organizations of persons with disabilities.
2. participate with governments and relevant regulators in the development of strategies to implement Convention rights.
3. initiate the development of a monitoring framework to evaluate the State’s implementation efforts and results. This framework should include other relevant agencies so that the National Institution is not seen as solely responsible for Convention monitoring.
4. examine and advise on the need for guidelines or strategies for ensuring that disability issues in law enforcement and the administration of justice are addressed.
5. use their investigatory authority to examine alleged breaches of Convention rights and to conduct systemic investigations.
6. educate and publicize Convention rights.

As their coordinating body, the ICC can also support the work of individual National Institutions in implementing the Convention. These efforts can include:

• Organizing expert seminars for the Special Rapporteurs on how to mainstream the human rights of persons with disabilities within their work;
• Ensuring that the Universal Periodic Review includes an examination of success in applying the rights of persons with disabilities at the national level;
• Strengthening partnerships with UN agencies and civil society with a view that human rights of persons with disabilities be implemented on the ground;
• Participating in the Inter-Agency Support Group on Rights of Persons with Disabilities at their Geneva meeting.
• Preparing and educating our member institutions:
  • The ICC has designated a "focal poi nt" on disability, whose role is to stimulate common positions and raise the level of engagement of National Institutions on disability issues. In particular, I must pay tribute to Dr. Gerard Quinn, of the Irish Human Rights Commission, who has done exceptional work in this area. His analysis, research and ideas have guided many of the strategies the ICC has adopted on the implementation of the Convention.
  • We have been developing work tools to support the implementation of Convention rights. For example, we initiated a project to develop a useful disability database for National Institutions.
  • The ICC also supports knowledge sharing so that all NIs can enhance their capacity to respond to the needs of the disability community. Many of the issues will apply worldwide. Inclusive education and accessibility, and how to best leverage statutory powers to achieve sustainable results, are some of the questions that will need thoughtful consideration.
  • The ICC is also committed to developing a website on disability, to ensure that landmark cases, major NHRI research and other relevant information, including conferences and publications, are highlighted and accessible to all.

Direct action has also been taken at the regional level.

• In April 2008, the European Group of National Institutions lodged an amicus brief before the European Court of Human Rights on the critically important issue of "legal capacity".

In the brief the European National Institutions urged the adoption of a human rights based approach to the determination of capacity. They underscored the commitment to respect the value and dignity of all persons. In their opinion, there should always be a presumption in favor of capacity.

Putting their views on the matter before the Court in this way allowed the European Institutions to support the rights of persons with disabilities within the judicial system in a pragmatic and effective way. This was the first time ever that the Group – as a group – intervened before the Strasbourg Court.

• In addition, the Mexican National Human Rights Commission published an important book on national monitoring mechanisms under the Convention. The book describes the experiences of national institutions in the Americas region, in implementing the rights of persons with disabilities.

All of these efforts, and others, are geared to promoting and protecting the rights of persons with disabilities. National Institutions can only succeed if they remain close to their primary stakeholders in the disability rights area.

These alliances are necessary for a wide range of action, from encouraging States to ratify the Convention to monitoring the results.²

III. The ICC and corporate social responsibility

The ICC is exploring the role it can play in ensuring corporations assume their social responsibilities. Specifically, how might it influence corporations to strengthen the human rights culture within their operations?

Corporations must understand that their impact on human rights can be either positive or negative. This is true whether we consider the internal activity of a corporation – the treatment afforded their employees – or externally, on the countries where they work or the supply chains they use.

The obligations imposed by human rights treaties fall on States, not corporations. Nonetheless, State responsibilities extend to ensuring that corporations meet these human rights standards.

We are taking action beyond the reactive mode. The ICC is assessing how NIs can help corporations integrate human rights into daily practice, so that abuse does not occur in the first place.

Moving from the international to the national, the Canadian Human Rights Commission has also been active in supporting the rights of persons with disabilities.

The Commission has developed its own theory and practice related to human rights in the workplace. Disability is by far the most frequently cited ground for complaints filed with our organization. We receive and act on these complaints, but recognize individual complaints serve to resolve matters on a case-by-case basis only. Our vision is to move beyond and lead societal shifts through education and awareness.

We attempt to do this in many ways:

1. We have developed partnerships with several major organizations to develop and implement initiatives aimed at the prevention of discrimination.
2. We are developing a tool to promote and monitor the integration of human rights and employment equity initiatives within organizations. The "Human Rights Maturity Model" is both a roadmap for what has to be done and a tool to measure success. The goal is to create a cultural shift in behaviours, process and practices.
3. We also work to inform and influence public debate and public interest in issues related to the rights of persons with disabilities.

For example,

• We appeared before the Courts in the Via Rail case that was brought by the Council of Canadians with Disabilities against Via Rail to the Supreme Court of Canada. In a landmark decision, the Court ruled that VIA Rail must retrofit several newly purchased rail cars to accommodate passengers with a disability.
• When I was named Chief Commissioner, I launched a significant outreach program. I engage in dialogue with NGOs, employers and service providers, human rights commissions in other jurisdictions, the media and politicians. This program aims to facilitate knowledge transfer and explore additional ways we can cooperate with each other in pursuit of our shared objectives.
• Through a sustained and dynamic partnership with our stakeholders, we hope to steer the trends. We want corporations to consider accessibility issues before they design their buildings, their trains and planes.

The principles underpinning the new Convention on the Rights of Persons with Disabilities are those expressed in all human rights conventions: dignity, autonomy, equality and non-discrimination. The Convention does not recognize new rights, but it does tailor the expression of existing rights to the needs of persons with disabilities

These can no longer be considered an afterthought.

As both Chair of the ICC and Chief Commissioner of the Canadian Human Rights commission, I am committed to fostering and sustaining meaningful and constructive relationships with all stakeholders, human rights experts, government representatives, service providers and leaders of civil society.

Meetings, such as this one, allow us to reflect on areas where we can work together to develop new ways of improving the lives of persons living with disabilities. My hope is that we continue to influence powerful changes in human rights thinking and practice. My desire is that these efforts will yield a participative, inclusive society for all. My commitment, on behalf of the Canadian Human Rights Commission, is to use our authorities, our expertise and our imagination to see that this is done.

‘Nothing about us without us’ applies to us too. With National Institutions you will always have a strong ally in the common pursuit of justice and rights for all persons with disabilities.

Together, our voices can make a difference – a very positive difference.

1. With acknowledgement to , "Disability Issues Paper", APF Annual Conference, Sydney Australia, 24-27 September 2007

2. Extracted and adapted from the ICC20 Record of Proceedings, April 2008

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