Róisín Shortall (Dublin North West, Labour)
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Question 29: To ask the Minister for Foreign Affairs the position in relation to the draft United Nations proposal in relation to the rights of the disabled; and if he will make a statement on the matter. [25256/06]

Dermot Ahern (Louth, Fianna Fail)
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The United Nations has for some time been considering the question of a new international legal instrument aimed at the protection and promotion of the human rights of persons with disabilities. The process formally began on 19 December 2001 when the UN General Assembly established an Ad Hoc Committee (AHC) whose mandate it is to consider proposals for a comprehensive and integral international convention to promote and protect the dignity and rights of persons with disabilities.

To date seven sessions of the AHC have taken place. These sessions have been held in New York twice a year since 2002. Ireland has been represented by officials from several Departments, including the Department of Foreign Affairs and the Department of Justice, Equality & Law Reform. The policy issues being discussed at the AHC are primarily ones on which domestic Government Departments lead, but my Department has a co-ordinating role.

Ireland has participated actively in EU discussions on the proposed Convention and supports the agreed EU common position on the matter. The EU has expressed its support for an international convention anchored by certain fundamental principles, including: non-discrimination, equality of opportunity, autonomy, participation and integration.

Together with our EU partners, Ireland believes that the guiding principle of any new legally-binding instrument in relation to the human rights of persons with disabilities that will emerge from these discussions should be to ensure that persons with disabilities can better enjoy their human rights. We consider that a new legally-binding instrument should facilitate the implementation of existing rights in the specific situations faced by persons with disabilities.

Ireland has also been particularly active in ensuring civil society participation in the drafting process. We have funded participation by disability NGOs. In addition Ireland has pressed the EU to underline the importance of maintaining the unprecedented level of NGO participation in the drafting process.

At the most recent AHC session, in January 2006, the Committee's Chair, drawing on earlier discussions and previous texts, proposed a compromise text which continues to be the subject of discussions.

There is however agreement on large parts of the Chair's text of the draft Convention. The document outlines the general obligations of States in relation to the rights of persons with disabilities. The draft treaty includes references to certain civil and political rights, such as the right to freedom of expression and the right to privacy, and also to certain economic and social rights such as the right to education and the right to health. It specifies that discrimination on the grounds of disability is impermissible, and provides that persons with disabilities be given the equal opportunity to enjoy their human rights.

Questions that remain outstanding include: the inclusion of a definition of disability, monitoring provisions of the Convention, accessibility to the built environment, legal capacity, enforced detention of persons with disability and involuntary treatment.

The 8th session of the AHC will begin on 15 August 2006. The Chair believes agreement on the draft instrument can be reached in August and has expressed his wish to see the draft Convention adopted this autumn at the 61st session of the United Nations General Assembly.