Bengt Lindqvist
Former M.P. and Cabinet Minister, Sweden

Abstract The Standard Rules is an important document which deserves our close attention. This paper is attempted to highlight some salient features of the Rules. In the five major world conferences held between 1993 and 1996, strong statements have been adopted to support its implementation and much remarkable achievement is witnessed through the cooperative effort of different organizations of people with disabilities.

"In all societies of the world there are still obstacles preventing persons with disabilities from exercising their rights and freedoms and making it difficult for them to participate fully in the activities of their societies. It is the responsibility of States to take appropriate actions to remove such obstacles." This is probably the two most important sentences in the whole Standard Rules document. The process outlined in the Rules is to identify and remove obstacles to full participation. The Rules indicates that this should be done both by empowering persons with disabilities and by creating an accessible society. Governments of countries are responsible for taking action to remove such remaining obstacles.

The objective is to achieve full participation and equal opportunities. The method to use is to identify and remove remaining obstacles and governments are responsible for the necessary measures.

The Standard Rules instrument summarizes the contents of the World Programme and also takes into account some new aspects, which are emphasized during the decade. Above all the stronger emphasis on the human rights perspective, which is developed during the decade, has been incorporated. In comparison with the World Programme there are mainly three features which distinguish the Rules document. The language of the Rules is more concentrated in form. The message of the Rules is directly addressed to member states, i.e. the governments of countries. The third characteristic is that the Standard Rules will be monitored through a separate monitoring system.

The Standard Rules includes an introduction, a preamble, 22 different Rules and a description of the monitoring system. The actual Rules are divided into three sections: preconditions for participation, target areas for equal participation and implementation measures.

The first section, dealing with the preconditions for participation, mainly presents Rules on different forms of support to the individual, medical care, rehabilitation and various forms of support services. The purpose of these services is to reduce the functional limitations and increase the independence of the individual.

The section on target areas deals with sectors of society, which are of general importance for the quality of life. There is an initial Rule on accessibility, which deals with all the various aspects of access to physical environment and activities and services generally available to non-disabled persons. There are Rules on how to make sectors like education, employment, social security, culture and recreation accessible. The Rule on family life and personal integrity is new and has no corresponding chapter in the World Programme. It reflects an area which has attracted considerable attention during the decade.

The third section of the Rules, the implementation measures, presents a number of important measures, which are well-known in social engineering. In the Rule on legislation (Rule 15) the message is that states should create a legal base for measures to achieve full participation and equality for persons with disabilities. Legislative action may also be needed to remove conditions which may adversely affect the lives of persons with disabilities.

In Rule 18 it is said that states should recognize the rights of the organizations of persons with disabilities to represent their groups at all levels. States should encourage and support the formation and strengthening of such organizations.

The third measure concerns coordination (Rule 17). Disability involves all spheres of society and therefore it is necessary to use a multisectorial approach. This also means that there is a constant need for coordination. It is therefore stated in the Rule that states are responsible for the establishment and strengthening of national coordinating committees or similar bodies.

The chapter on monitoring among other things contains the following:

"The purpose of the monitoring mechanism is to further the effective implementation of the Standard Rules. It will assist each state to assess its level of implementation of the Standard Rules and to measure its progress. The monitoring should identify obstacles and suggest suitable measures which would contribute to the successful implementation of the Rules."

"The Rules shall be monitored within the framework of the sessions of the Commission for Social Development. A Special Rapporteur... shall be appointed...for three years to monitor the implementation of the Rules. International organizations of persons with disabilities having consultative status with the Economic and Social Council...should be invited to create among themselves a panel of experts, on which organizations of persons with disabilities shall have a majority...to be consulted by the Special Rapporteur and, when appropriate, the secretariat."

One key element in disability policy is accessibility. Rule 5 deals with this issue. The main principle is that "States should recognize the overall importance of accessibility in the process of the equalization of opportunities in all spheres of society." The Rule deals with both the physical environment and access to information and communication. States are requested to make programmes of action to make the physical environment accessible and to provide access to information and communication.

In the area of physical environment standards and norms should be developed and the enactment of legislation should be considered. Such norms could concern with buildings, means of transportation, streets and other outdoor environment. Accessibility measures should be introduced at the earliest possible stage of designing and groups like architects, town planners and construction engineers should in their professional training have access to information about disability measures.

States should make information services and documentation accessible to different groups of persons with disabilities. Appropriate technologies, braille, sign language interpretation, easy language versions etc, should be used to make information available. States should encourage media to make their programmes accessible. States should also ensure that new computerized information and service systems are either made initially accessible or are adapted to be made accessible.
In Rule 6 on education, it is stated that member states should recognize the principle of equal educational opportunities for persons with disabilities in integrated settings. States should ensure that the education of persons with disabilities is an integral part of the educational system. Adequate accessibility and support services, designed to meet the needs of persons with disabilities should be provided. In states where education is compulsory, it should be provided to girls and boys with all kinds and all levels of disabilities, including the most severe. Integrated education and community based programs should be seen as complementary approaches in providing cost-effective education and training. In situations where the general school system does not adequately meet the needs of all persons with disabilities, special education may be considered. It should be aimed at preparing students for education in the general school system. The quality of such education should reflect the same standards and ambitions as general education and should be closely linked to it.

The essence of Rule 7 on employment is that persons with disabilities should be empowered to exercise their rights to gainful employment and that it is the responsibility of states, i.e. governments of countries, to remove all remaining obstacles to employment. As far as possible, and it is possible to a far greater extent than today, persons with disabilities should have jobs in the regular labor market. When this, despite all efforts, does not seem to be possible, jobs should be offered in more protected forms.

The following paragraphs are quoted from the text:

"Laws and regulations in the employment field must not discriminate against persons with disabilities and must not raise obstacles to their employment."

"States should actively support the integration of persons with disabilities into open employment."

"States, worker's organizations and employers should cooperate with organizations of persons with disabilities concerning all measures to create training and employment opportunities...."

The text also contains a list of various technical measures, which could be taken by governments, in order to obtain these objectives.

In the related area of income maintenance and social security, it is, of course, difficult to establish global guidelines due to the fundamental differences in economic conditions existing in the world today. Still it is possible for the UN General Assembly to agree on some universal principles, which should be observed by all. On the part of Rule 8, it outlines the basic responsibility of governments:

"States are responsible for the provision of social security and income maintenance for persons with disabilities."

"States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability related factors, have temporarily lost or received a reduction in their income or have been denied employment opportunities."

"In countries where social security, social insurance or other social welfare schemes exist or are being developed for the general population, states should ensure that such systems do not exclude or discriminate against persons with disabilities."

"Social security systems should include incentives to restore the income-earning capacity of persons with disabilities."

The Standard Rules document is not an international convention. Consequently it is not legally binding for member states. Formally the Rules are a UN declaration with some special features. How important and committing are the Rules then? The mere fact that they have been unanimously adopted by the UN General Assembly after extensive preparations and as the consequence of the UN Decade of Disabled Persons, makes it a strong international document. However, more has been done to increase the strength of the Rules. At all five major World Conferences, organized by the United Nations from 1993-1996, on human rights in Vienna 1993, on population issues in Cairo 1994, on social development in Copenhagen 1995, on the situation of women in Beijing 1995 and on housing and shelter in Istanbul 1996, strong statements have been adopted in support of the implementation of the UN Standard Rules. This remarkable achievement has been made through to the untiring efforts and determination by many representatives of the organized movement of persons with disabilities to make the most of this document and to convince governments to move from words to concrete actions to improve the living conditions of persons with disabilities.

In chapter IV, para 1 of the Rules, with regard to monitoring, there are two main tasks to be performed - to promote the implementation of the Rules and to monitor the progress made by member states. A large international conference was organized in cooperation between the Icelandic government and the UN secretariat, the purpose of which was to launch the monitoring activity. A panel of experts was established in September by the following six organizations: Disabled Peoples International, Inclusion International, Rehabilitation International, World Blind Union, World Federation of the Deaf, and World Federation of Psychiatric Users. The Panel has consisted of ten persons, five men and five women, all with personal experience of disability and coming from different parts of the world.

The Commission for Social Development has dealt with our monitoring acitivity twice. It has given strong support to our work and agreed with us to limit our more profound analyses to some selected areas. One important recommendation from the Commission is that we should mainly concentrate our monitoring activities to assisting developing countries.

In the past we have proved that we can achieve a lot through cooperation. Together we are able to change the world into a society designed and constructed for all citizens - a society for all! A society good for disabled people is a better society for all!

ASIA & PACIFIC JOUNAL ON DISABILITY

Vol. 1, No. 2, March 1998

Published by the Asia and Pacific Regional Committee of Rehabilitation International (RI) and the Regional NGO Network (RNN)