Reservations to the Convention
On 7 June 2009, the United Kingdom ratified the United Nations Convention on the Rights of Persons with Disabilities with four reservations.
The reservations mean that parts of the Convention are not legally binding on the UK and therefore will hinder disabled people from enjoying their full human rights on an equal basis with others. By ratifying with these reservations the UK Government has declared its willingness to accept less than the agreed international standard for the protection and promotion of disabled people’s human rights.
Reservation 1: Work and Employment
“The United Kingdom accepts the provisions of the Convention, subject to the understanding that none of its obligations relating to equal treatment in employment and occupation, shall apply to the admission into or service in any of the naval, military or air forces of the Crown.”
Source: http://www.un.org/disabilities/default.asp?id=475
In the UK, the right of people with disabilities to work in an environment which is open, accessible and inclusive does not apply to the navy, the air-force or the army.
Disability Action believes that people with disabilities have the right to enjoy their full rights on an equal basis with others, regardless of the employer or the type of work. Also, people who have become disabled as a result of being in the armed forces are entitled to have their human rights protected as much as anyone else. Furthermore, in the UK, the service provided by the police and fire service is not compromised by exclusions for people with disabilities. Why should such reservations therefore apply to the naval, military and air-forces
Reservation 2: Education
Convention Article 24 Clause 2 (a) and 2 (b)
“The United Kingdom reserves the right for disabled children to be educated outside their local community where more appropriate education provision is available elsewhere. Nevertheless, parents of disabled children have the same opportunity as other parents to state a preference for the school at which they wish their child to be educated.”
Source: http://www.un.org/disabilities/default.asp?id=475
This reservation removes the right of children with disabilities to be educated in an inclusive manner in their own communities. Disability Action believes this has serious implications on the family life of children with disabilities. “Appropriate education provision” must be provided on an equal basis for all children in their local community, so family life does not suffer. The families of children with disabilities must not be fractured in the way which this reservation implies.
Click here to read the Children with Disabilities Strategic Alliance’s (CDSA’s) Manifesto
Reservation 3: Liberty of Movement
“The United Kingdom reserves the right to apply such legislation, insofar as it relates to the entry into, stay in and departure from the United Kingdom of those who do not have the right under the law of the United Kingdom to enter and remain in the United Kingdom, as it may deem necessary from time to time.”
Source: http://www.un.org/disabilities/default.asp?id=475
Disability Action recognizes that immigration law is a vitally important part of public policy. However, immigration law should apply the same considerations when dealing with disabled people and non-disabled people. Through this reservation, the Government may create ‘legal’ barriers to prevent people from disabilities from exercising the same freedom of movement right as everyone else.
Reservation 4: Equal Recognition before the Law
“The United Kingdom’s arrangements, whereby the Secretary of State may appoint a person to exercise rights in relation to social security claims and payments on behalf of an individual who is for the time being unable to act, are not at present subject to the safeguard of regular review, as required by Article 12.4 of the Convention and the UK reserves the right to apply those arrangements. The UK is therefore working towards a proportionate system of review.”
Source: http://www.un.org/disabilities/default.asp?id=475
As the Government has alluded to in this reservation, a system of review needs to be established reflecting the principles of the Convention, which protects, enables and supports people with disabilities without stripping them of their legal capacity.
Disability Action wants the Government, to remove this reservation and stipulate a time-frame for the consultation process and subsequent development and implementation of this proportionate system of review. It is contradictory that the Government upholds the principles of the UN Convention and yet the absence of this system of review means disabled people are being denied capacity unnecessarily.
