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MARIA SOLEDAD CISTERNAS SPEAKS FROM CRPD COMMITTEE 23 SEPTEMBER

September 24, 2013

Maria Soledad Cisternas- Good morning to you all. MARIOFirst of all please allow me to thank and congratulate the initiative of the United Nations General Assembly to call for this high level meeting, a first-of-a-kind experience and a historical landmark for the visibility of persons with disabilities, which mean one thousand inhabitants of our planet, up to 15% of mankind. Of course this meeting will be a relevant space for exchange, as well as to become a core from which substantive thought will raise together with action lines to cross-cut perspective of rights of persons with disabilities as a compliance effect of the UN Millennium Goals and perspective for post 2015 agenda Promote, protect and ensure full enjoyment of human rights and fundamental freedoms for all persons with disabilities, counting with same conditions and opportunities with other person, and to promote respect for inherent dignity. Such are the main targets of the United Nations´ Convention for the Rights of the Persons with Disabilities. Above-mentioned Convention, the first treaty related with Human Rights on the 21st century, presents the social model and the human rights of persons with disabilities, which scope means a Fundamental evolution on areas such as legal, social and political. Such rich model on its writing and applicability moves us for its implementation as a priority. As of today, the concept of person with disability counts with different perspectives, which means that individual setup is the sum of variety on physical, senses, intellectual, psychosocial levels, or the mix of those, its interaction with different barriers and impact on terms of restrictions to full and effective participation into society. We should bear in mind that measurement of restrictions to participation is reflected on full  enjoyment of human rights and individual liberties for person. If we get into the Millennium Goals implementation, its clear to see the close link between those and Human Rights. During history of mankind, person with disabilities have been an unprotected sector of population, as much as have been called as the “poorer into the poor”. 80% of that population lives on developing countries and it has been estimated that 20% or poor population worldwide counts with a disability, being understood as the most disadvantaged. Having that said, Millennium Goals count with direct coincidence with the purpose of the Convention on the Rights of Persons with Disabilities, its principles and prescriptions in terms of ending with extreme poverty and hunger, reach universal elementary education, promote equality between genders and women autonomy, reduce childhood mortality, improve maternal health, fight HIV/Aids, malaria and other diseases, guarantee environmental support and promote a worldwide association for development, are in direct coincide with the purpose of the Convention on the rights of persons with disabilities, their principles and requirements. Universality, indivisibility and interdependence of human rights provide a not-lapsable, nonrevocable, not-transferable and un-avoidable core background for social development, which in this millennium should be fully sustainable, inclusive, and accessible. Such development should be guided by the principles of Convention: respect for inherent dignity, individual autonomy, including freedom to take own decisions, and person interdependence; non-discrimination; participation and full and effective inclusion into society; respect for difference and acceptance of persons with disabilities as part of diversity and human conditions; equality on opportunities; accessibility; equality between men and women; respect to the evolution of faculties of children with disability and their right to maintain their identity. It is important to highlight the “interaction with different barriers” that person with disabilities should deal with. This term counts with two dimensions: eliminate obstacles and setup of conditions to allow full enjoyment of rights (and social development, we should say) for person with disabilities on same conditions with others. Those are the items in which states and society should be responsible of, as well as person with disabilities, in order to eliminate barriers and raise favorable conditions for its rights and development. From the experience of the committee for the rights of persons with disabilities, into the performance of duties we´ve had special care and dedication to the study of the Convention core points: diversified rights and root out of discrimination, giving same attention to different issues of the treaty, diversity of person with disabilities and the background that each state-party counts with. Still, I´d like to propose a consideration: even when currently mankind is struggling for full implementation of economic, social and cultural rights (which has an impact over persons with disabilities), it is important to keep in mind that this sector of population, at the same time, looks for full applicability of their civil and political rights, which have been affected as well. Having that said, there is an important challenge on article 12 of Convention about same recognition as a person before the law and full performance of legal capacity (with support and safeguards if necessary, avoiding models of substitutive–performed by third parties- capacity). Such idea allows “giving life to life” to many persons with disability in terms of express their will to act into legal life, and to decide about personal integrity and freedom. Full implementation of this issue would mean an important leap in terms of human rights and inclusive social development. Same situation rises with political and public participation of persons with disabilities (to choose and be chosen, to be part of political parties and other organizations), right to live independently and to be included into community, to raise a family, to access to justice and prohibition to violent exploitation and abuse, as well as prohibition of all cruel, inhuman or humiliating treatment. On the other hand, it is important to highlight some important “bridges” for enjoyment of rights and inclusive social development: accessibility on its different forms (to physical space, information, communications, technology, products, services and procedures), as well as the key factor of “becoming aware”. As a consequence the CRPD and the Millennium Goals, and direct relation between both, should produce cooperation and the effect as agent of change for fulfillment and implementation of both instruments, looking forward to equality of persons with disability into the performance of rights and full inclusion into social development. In our contemporary world is mandatory to recognize the fluid interaction of these powerful instruments: it is just not possible to conceive their implementation through different and independent ways. This look to reality will allow application of proper and equal standards for persons with disabilities, contributing to the social-political evolution of all community and strength of contemporary democracy, receiving benefit from full and effective participation of persons with disabilities. Due to all the above-mentioned, based on CRPD and Millennium Goals, and according to our work experience, the Committee of Persons with Disabilities encourage for the final document of this High Level meeting to consider the previously mentioned human rights approach, and specially to: a. Emphasize the equal perspective and non-discrimination for persons with disability b. Highlight importance of compliance of legal liabilities of states-party of CRPD and international system of promotion and protection of human rights as a base for inclusive and sustainable social development c. For states-party to apply mechanisms for explanations reports in order to guarantee the rights of persons with disabilities for and inclusive accessible and sustainable development d. For the statistics about rights of persons with disabilities to be points of reference for the measurement of the progress of the implementation of Millennium Goals, integrating full and effective participation of persons with disabilities and

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