“TURKEY SHOULD RATIFY CONVENTION on the RIGHTS of PERSONS with DISABILITIES IMMEDIATELY”

Convention on the Rights of Persons with Disabilities, which was adopted by United Nations (UN) General Assembly on 13December 2006 with the aim of protecting rights of disabled people in all over the world. The Convention and its Optional Protocol opened for signature by all States on 30 March 2007. The convention will come into force after, minimum, 20 countries will ratify to it.

As it is known that the current international instruments and rules, related with protecting rights of persons with disabilities, protect disabled people generally on paper. Until today, these instruments and rules have been inadequate to produce concrete solutions for them. The general situation is the same also in our country. Numbered 5378 Law that known as Law on Disabled People and came into force on 01.07.2005 has not established mechanisms for disabled people regarding with democratic and equal participation into social life for two years. The law has not managed any development in practice. Of course the main reason of failure is that while preparing a law, legislator does not have a perspective of “prevention of discrimination” and establish “effective mechanisms for seeking remedy”.

Through its Optional Protocol on Communication; Convention on the Rights of Persons with Disabilities has taken an important step in supplying these deficiencies. In accordance with Optional Protocol’s Article 1, which states “A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Rights of Persons with Disabilities (“the Committee”) to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of the provisions of the Convention”, the Convention accepts direct application to the Committee.

Moreover, in the Convention the most important task is given to States in prevention of discrimination via the Article 4, which states “States Parties undertake to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability”.

The Convention attempts to make all disabled people an individual, who has equal rights with others, by comprising all of disabled people groups. For example; the Article 7, is about rights of disabled children, states “a) States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. b) In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. c). States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children, and to be provided with disability and age-appropriate assistance to realize that right”.

In order to come into force the Convention, whose some main topics can be listed as “Participation in public life”, “Avoiding from duplication, cliché”, “Accessibility” and “Equal recognition before law”, should be ratified by minimum 20 countries. The Convention’s preparation and adoption has lasted in 5 years period, so; it should be come into force without delay. States, including Turkey, will be responsible for any delay regarding with the Convention’s coming into force.

Human Rights Association is aware of that the Convention is not able to solve all the current problems by itself. On the other hand the Convention, regarding with its content, is a nominee to be an important success in abolishing discrimination that disabled people subjected to. Therefore, IHD completely supports the Convention.

Even data and topics are enough to give a picture of human rights violation that disabled people subjected to in the society. These data and violation topics should have a specific effect rather than repeated statistics and cleaning spirit of society. Human Rights Association is aware of that States are the main reason of violation that disabled people subjected to. Thus, States are addressees in this problem. Lastly, TBMM (Turkish Grand National Assembly) should ratify Convention on the Rights of Persons with Disabilities and its Optional Protocol and rights of disabled people, regarding with protection in implementation, should be supported.

HUMAN RIGHTS ASSOCIATION

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