H. Kallehauge, President of PTU, October 2006

Mr. Chairman,

As a member of the Danish Delegation I am pleased to address the Committee on agenda item 61 concerning persons with disabilities.

It was a historic moment when the Ad Hoc Committee on the 25th of August this year at the end of its 8th session a little before 8 o’clock p.m. reached its goal by agreeing on the text for a convention about the rights of persons with disabilities. It took four years to get so far which compared with the birth of other Human Rights Conventions is remarkably fast.

Adoption of a convention about the rights of persons with disabilities is a milestone in the history of the disability movement, the last civil rights movement. At last we got what we have dreamed of, been longing for and waited so long for.

The first initiatives for a convention were taken by Italy in 1987 and thereafter by Sweden in 1989, but unfortunately at that time the situation was not ripe for a convention about the rights of persons with disabilities. Mexico became the country taking the right initiative at the right moment in 2001. We all hail Mexico not only for this important initiative but also for the constant drive during the negotiations always with the highest aspirations in favor of the best possible protection of the rights of persons with disabilities.

Mr. Chairman,

The text of the convention is the result of many good and solid compromises. All governments have contributed in a constructive way to the advancement of the process. There have at no moment been any obstructions. The goal was clear from the first day. All participants, governments, representatives from civil society and DPO’s, disabled peoples organizations, have been fully committed in reaching agreement on a text, second to none of the existing human rights conventions.

Lots of good proposals were put forward from all sides. Bridging the multitude of cultural, religious, linguistic and other traditional differences among UN member states was the time consuming task. Because of flexibility much good will from all sides and the diplomatic skill and excellent leadership of New Zealand’s ambassador, John Don MacKay we got an outstanding success in due time.

Having thus praised our chairman and all participants in the negotiations I have unfortunately also to point to a black mark in the draft convention, the footnote in article 12 about legal capacity. At the very last moment China, Russia and the Arab World had a footnote attached to this article stating that in their countries legal capacity means capacity for rights without capacity to act. Taken literally this is meaningless. To have rights on the basis of which you cannot act is the same as not having any rights at all.

Legal capacity is the entry door to all rights. This footnote is not only harmful but nullifying the effects of the whole convention in countries accepting the foot note.

Mr. Chairman,

Hopefully this cannot be the intention of any government and especially not the above-mentioned governments all of which contributed so wholeheartedly to the negotiating process leading to the otherwise excellent text of the draft convention. I urge all governments to seek to convince China, Russia and the Arab World that the footnote shall be deleted in the best interest of all persons with disabilities in their countries.

The convention is a total paradigm shift in the way persons with disabilities are perceived and is going to be treated. Before the convention persons with disabilities always have had to beg to have their needs fulfilled, but after the convention we can point to our rights and ask when they are met so that we can enjoy them. This is a giant step forward both in dignity and potential influence.

Thank you, Mr. Chairman.