UN Convention

 

The UN Convention on the Rights of People with Disabilities (“CRPD”) came into effect May 2008.  Canada was instrumental in drafting this ‘paradigm shifting’ document. Canada has ratified meaning Canada can be held accountable for violation of the provisions mentioned in the Convention, however Canada has not implemented the Convention which means it does not consider the Convention to be “law” in Canada.

The CRPD contains positive rights to:

  • Equality before the law without discrimination
  • Right to life, liberty and security of the person
  • Equal recognition before the law and legal capacity
  • Freedom from torture
  • Freedom from exploitation, violence and abuse
  • Right to respect physical and mental integrity
  • Freedom of movement and nationality
  • Right to live in the community
  • Freedom of expression and opinion
  • Respect for privacy
  • Respect for home and the family
  • Right to education
  • Right to health
  • Right to work
  • Right to an adequate standard of living
  • Right to participate in political and public life
  • Right to participate in cultural life

The most important provision for our purposes is the “right to legal capacity.”  What will this mean?  At the very least it suggests that we need to