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Get ReportRegional Instruments on Human and Disability Rights
The Regional human rights framework plays a critical role in shaping disability rights and accessibility. In this chapter, you’ll explore key instruments from Europe, Africa, and the Americas, seeing how legal protections, cultural values, and practical strategies combine to promote inclusion.
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Around the world, countries have taken various paths to protect the rights of people with disabilities, each shaped by unique histories, cultures, and legal systems.
In this chapter, you’ll explore how these regional instruments tackle discrimination, promote accessibility, and create real-world strategies that improve participation and equality. You’ll also see how these frameworks influence one another, forming a global conversation about human dignity, rights, and the practical implementation of accessibility.
Europe: The Charter of Fundamental Rights
In 1957, six European countries established the European Economic Community (EEC), a foundation that would later evolve into the European Union. Interestingly, the original Treaty of Rome, which created the EEC, made no reference to human rights. As the union grew, it became clear that economic integration alone was insufficient; fundamental rights of the people living within the community needed to be explicitly defined.
This gap was addressed with the Charter of Fundamental Rights, which became legally binding in 2009. The Charter clearly articulates the civil, political, economic, and social rights of everyone living in the EU, establishing a comprehensive framework for rights and protections across the region.
The Seven Pillars
The Charter organizes 54 articles into seven titles, each focusing on different aspects of human rights:
Dignity: Your inherent worth as a human being
Freedoms: Your right to make choices and live freely
Equality: Equal treatment regardless of who you are
Solidarity: Social and economic rights
Citizens' rights: Your rights as an EU citizen
Justice: Your right to fair treatment under the law
General provisions: How all these rights work together
Title Three is particularly important for accessibility as it prohibits all discrimination based on age, sexual orientation, culture, religion, language diversity, and disability.
Africa: The African Charter on Human and Peoples' Rights
In 1979, African leaders gathered to develop a framework that would reflect their continent's unique social, cultural, and political values. This effort resulted in the African Charter on Human and Peoples' Rights, which came into effect on October 21, 1986, creating Africa's first regional human rights system.
What sets this Charter apart is its dual focus on individual rights and collective rights. While it protects personal freedoms and political participation, it also recognizes the importance of communities across many African societies, balancing personal rights with group responsibilities.
The Four Norms
The Charter is built on four foundational norms that continue to guide regional human rights practices. These norms include:
Civil and Political Rights: Freedom of expression, assembly, and participation in government.
Economic, Social, and Cultural Rights: Rights to work, health, education, and cultural participation.
People's Rights and Group Rights: Rights that belong to communities, not just individuals.
Duties: Responsibilities that come with rights.
The Charter is grounded in five basic principles: Equality, Fairness, Respect, Dignity, and Health. These principles influenced additional initiatives like the African Union's Agenda 2063, which aims to create a politically united, rights-respecting continent.
The Americas: Inter-American Convention
Adopted in 1999, the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities covers Mexico, Central America, South America, and other nations in the region.
This Convention takes a proactive approach to disability rights, going beyond the prohibition of discrimination. It calls on member countries to implement measures that actively promote and protect disability rights by:
Creating legislation that ensures equal rights for people with disabilities.
Developing social programs that promote inclusion and accessibility.
Establishing educational initiatives that raise awareness and shift societal attitudes.
For millions who had been underserved, underrepresented, or excluded, this Convention provides a critical framework for advocacy and empowerment. It represents a formal, region-wide commitment to improving access, promoting equality, and ensuring full participation of people with disabilities in all aspects of society.
Global Patterns in Regional Disability Rights
Across Europe, Africa, and the Americas, a clear pattern emerges: regional human rights frameworks builds on the others' successes, creating a ripple effect that strengthens protections worldwide. Effective legislation in one region often informs approaches in others, fostering innovation, adaptation, and improved accessibility practices globally.
These frameworks demonstrate that disability rights and accessibility are not isolated issues; they are part of an ongoing, interconnected global dialogue. By examining these regional instruments together, learners can see how principles of equality, inclusion, and non-discrimination are applied in practice, and how local context shapes the implementation of human rights standards.
What makes the African Charter on Human and Peoples' Rights unique compared to other regional human rights instruments?
Think about how the Charter reflects the social and cultural context of the region. How does it approach rights differently than instruments focused solely on individuals?
KEEP LEARNING
Move to the next chapter:
National and Provincial Instruments.
IAAP Suggested Study Resources
African Charter on Human and Peoples’ Rights(opens in a new tab) (Full Text)
United NationsEU Charter of Fundamental Rights(opens in a new tab)
European CommissionInter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities(opens in a new tab) (Full Text)
The Organization of American States