An analysis of the United Nations convention on the rights of persons with disabilities and its influence on the European Union and Malta

Abstract

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) entered into force in 2008. Its intention is not only that disabled people enjoy equal rights and are able to make their own choices but also to redress the social disadvantages of persons with disabilities and promote their participation in society. Historically, persons with disabilities have largely been provided for through solutions that segregate them, such as residential institutions and special schools. However, policy has now shifted towards community and educational inclusion, and medically focused solutions have given way to more interactive approaches recognizing that people are disabled by environmental factors rather than by their bodies. The CRPD was created with a strong participation of international Disabled Peoples Organizations and puts disability on the international human rights agenda. The articles contained in the CRPD guarantee persons with disabilities a wide range of rights and aim at the equalization of opportunities for persons with disabilities. This means that the CRPD intend to change the environment and society, whereby persons with disabilities will enjoy their rights on an equal basis with others. The CRPD is considered as a one of the most important step forward towards shifting the perception of disability and ensures that society changes its attitude towards persons with disabilities. Historically, persons with disabilities have been viewed as individuals who require societal protection and evoke sympathy rather than respect. However, even if it is a ground breaking convention in many aspects, it is questionable how it will influence the European and national mechanisms to tackle disability discrimination. The purpose of this thesis is to show whether the CRPD will have an influence, both at regional and national level, in order to guarantee that persons with disabilities enjoy their rights and fundamental freedoms on an equal basis with others.