UN Declarations' Articles and Principles in Support of Human Rights to Play and Recreation for People with Disabilities

GLOBAL VISION PROJECT: Global Vision of Rehabilitation
and Recreation for People with Disabilities in the 21st Century

HUMAN RIGHTS:
C. "United Nations Declarations' Articles and Principles in Support of Human Rights to Play and Recreation for People with Disabilities"

Compiled by Prof. John A. Nesbitt, Ed.D., CTRS, Pres/CEO
Special Recreation for disABLED International

Introduction

Since the creation of the United Nations in 1945, a series of important statements have been made on the human rights of all people and on he human rights of people with disabilities.

The statements directed to people with disabilities include:

1948, "Universal Declaration of Human Rights"
1959, "Declaration of the Rights of the Child"
1971, "Declaration on the Rights of Mentally Retarded Persons"
1975, "Declaration on the Rights of Disabled Persons"
1991, "Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care"

These United Nations declarations are buttressed by a series of statements by the International Labour Organization, the United Nations Educational, Sciencitif and Cultural Organization, the World Health Organization, and UNICEF.

Hundreds of international non-governmental organizations (NGOs) contributed to the formulation of these declaration. These NGOs advised the United Nations and the Specialized Agencies on scientific advances in rehabilitation of people with disabilities. The NGOs advocated humanitarian responses to disability.

Thus, these United Nations declarations provides a global foundation for governmental and non-governmental organizations to foster progress in human rights for all, including human recreation rights and responsibilities for people who are disabled in rehabilitation and in contemporary society.

The "International Declaration of the Special Play and Recreation Rights and Responsibilities of People with Disabilities" is a convergence of the local and the global. The "declaration" emerged from tens of thousands of local community, hospital, institutional, rehabilitation, and residential services throughout the world. Internationally, the United Nations has formulated human rights articles and principles in various United Nations declarations on human rights that proclaims the play and recreation rights of persons with disabilities. Through the "International Declaration ...." the global vision and the local experience have converge.
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The United Nations Declarations Citing Play and Recreation for People with Disabilities

1948, The United Nations "Universal Declaration of Human Rights" states:

"Whereas recognition of the inherent dignity and of the inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world ...

"Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another in the spirit of brotherhood.

"Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind ...

"Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

"Article 27. (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts ...."
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1959, The United Nations "Declaration of the Rights of the Child" states:

" ... Whereas the child, by reason of his [or her] physical and mental immaturity, needs special safeguards and care ...

"Principle 1. The child shall enjoy all the rights set forth in this Declaration. Every child, without any exception whatsoever, shall be entitled to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration ...

"Principle 7. The child is entitled to receive education, which shall be free and compulsory, at least in the elementary stages. He [she] shall be given an education which will promote his [her] general culture and enable him [her], on a basis of equal opportunity, to develop his [her] ability, his [her] individual judgment, and his [her] sense of moral and social responsibility, and to become a useful member of society ...

"The child shall have full opportunity for play and recreation, which should be directed to the same purposes as education; society and the public authorities shall endeavor to promote the enjoyment of this right ...."
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1971, The United Nations "Declaration on the Rights of Mentally Retarded Persons" states:

"... Bearing in mind the necessity of assisting mentally retarded persons to develop their abilities in various fields of activities and of promoting their integration as far as possible in normal life ...

"1. The mentally retarded person has, to the maximum degree feasibility, the same rights as other human beings.

"2. The mentally retarded person has a right to ... such education, training, rehabilitation and guidance as well as to develop his [her] ability and maximum potential ...."
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1975, The United Nations "Declaration on the Rights of Disabled Persons" states:

"The General Assembly, Mindful of the pledge by Member States, under the Charter of the United Nations to take joint and separate action in co-operation with the Organization to promote higher standards of living, full employment and conditions of economic and social progress and development,

"Reaffirming its faith in human rights and fundamental freedoms and in the principles of peace, of the dignity and worth of the human being and of social justice proclaimed in the Charter,

"Recalling the principles of the Universal Declaration of Human Rights, the International Covenants on Human Rights, the Declaration of the Rights of the Child and the Declaration on the Rights of Mentally Retarded Persons, as well as standards ... of the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, and the United Nations Children's Fund ...

"4. Disabled persons have the same civil and political rights as other human beings ...

"9. Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of her or his age ...."
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1991, The United Nations "Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care," states:

"... Principle 13. Rights and conditions in mental health facilities ... 2. The environment and living conditions in mental health facilities shall be as close as possible to those of the normal life of persons of similar age and in particular shall include:
(a) Facilities for recreational and leisure activities;
(b) Facilities for education;
(c) Facilities to purchase or receive items for daily living, recreation and communication;
(d) Facilities, and encouragement to use such facilities, for a patient's engagement in active occupation suited to his or her social and cultural background ...."
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REFERENCE DOCUMENTS

1--INTERNATIONAL CONFERENCE ON LEGISLATION CONCERNING THE DISABLED. CONCLUSIONS AND RECOMMENDATIONS. 2nd (Manila, 16-20 Jan. 1978): ST/CSDHA/7 (89.IV.6), Annex III, 1st (Rome, 25-29 Oct. 1971): ST/CSDHA/7 (89.IV.6), Annex II

2--TOWARDS A SOCIETY FOR ALL : LONG-TERM STRATEGY TO IMPLEMENT THE WORLD PROGRAMME OF ACTION CONCERNING DISABLED PERSONS TO THE YEAR 2000 AND BEYOND
NOTE: Noted by the General Assembly in A/RES/49/153, A/RES/50/144 and A/RES/52/82. A/49/435, Annex

3--SPECIAL REPRESENTATIVE FOR THE PROMOTION OF THE UNITED NATIONS DECADE OF DISABLED PERSONS : HANS HOEGH (NORWAY) -- NOTE: Appointed in 1988. APPOINTMENT/BIOGRAPHY: Press release SG/A/395-BIO/2319-DIS/15 [1988]

4--DECLARATION ON THE RIGHTS OF DISABLED PERSONS (1975) -- NOTE: Adopted by the General Assembly at its 30th session, 2433rd plenary meeting, New York, 9 Dec. 1975. Full text retrievable at http://www.unhchr.ch/html/menu3/b/72.htm.
A/RES/3447 (XXX) ST/HR/1/Rev.5 (94.XIV.1), vol. I, pt. 2, p. 544
DPI/956, p. 2-3

5--AGENDA FOR ACTION FOR THE ASIAN AND PACIFIC DECADE OF DISABLED PERSONS, 1993-2002 -- NOTE: Adopted by the meeting to Launch the Asian and Pacific Decade of Disabled Persons, 1993-2002, Beijing, 1-5 Dec. 1992, and also by ESCAP at its 49th session, 750th meeting, Bangkok, 29 Apr. 1993.
ST/ESCAP/1433, p. 7-37

6--WORLD PROGRAMME OF ACTION CONCERNING DISABLED PERSONS -- NOTE: Adopted by the General Assembly at its 37th session, 90th plenary meeting, New York, 3 Dec. 1982 (see A/RES/37/52). A/37/351/Add.1, Annex, p. 19-58 [ST/]DPI/DESI/97 [ST/]DPI/933/Rev.1

7--PLAN OF ACTION FOR THE INTERNATIONAL YEAR OF DISABLED PERSONS -- NOTE: Adopted by the General Assembly at its 34th session, 105th plenary meeting, New York, 17 Dec. 1979 (see A/RES/34/154). A/34/158, p. 15-26 + Corr.1

8--INTER-AGENCY MEETING ON THE UNITED NATIONS DECADE OF DISABLED PERSONS. REPORT -- NOTE: Decade designated by A/RES/37/53. Unless otherwise indicated, all meetings were held in Vienna.
10th (7-10 Dec. 1992): ACC/1992/31 9th (3-6 Dec. 1991): ACC/1991/PG/14
8th (5-7 Dec. 1990): ACC/1990/PG/14 7th (6-8 Dec. 1989): ACC/1989/PG/11
6th (5-7 Dec. 1988): ACC/1988/PG/15 5th (18-20 Feb. 1987): ACC/1987/PG/7
4th (5-7 Mar. 1986): ACC/1986/PG/6 + Corr.1 3rd (11-13 Mar. 1985): ACC/1985/PG/8 2nd (3-4 Sept. 1984): ACC/1984/PG/7
1st (Geneva, 30-31 May 1983): ACC/1983/PG/8

INTERNATIONAL CONFERENCE ON LEGISLATION CONCERNING THE DISABLED. CONCLUSIONS AND RECOMMENDATIONS TOWARDS A SOCIETY FOR ALL : LONG-TERM STRATEGY TO IMPLEMENT THE WORLD PROGRAMME OF ACTION CONCERNING DISABLED PERSONS TO THE YEAR 2000 AND BEYOND

SPECIAL REPRESENTATIVE FOR THE PROMOTION OF THE UNITED NATIONS DECADE OF DISABLED PERSONS : HANS HOEGH (NORWAY) DECLARATION ON THE RIGHTS OF DISABLED PERSONS (1975)

AGENDA FOR ACTION FOR THE ASIAN AND PACIFIC DECADE OF DISABLED PERSONS, 1993-2002 WORLD PROGRAMME OF ACTION CONCERNING DISABLED PERSONS

PLAN OF ACTION FOR THE INTERNATIONAL YEAR OF DISABLED PERSONS INTER-AGENCY MEETING ON THE UNITED NATIONS DECADE OF DISABLED PERSONS. REPORT

UNIVERSAL DECLARATION OF HUMAN RIGHTS

INTERNATIONAL CONVENTION ON HUMAN RIGHTS

DECLARATION OF THE RIGHTS OF THE CHILD (1959)
NOTE: Adopted by the General Assembly at its 14th session, 841st plenary meeting, New York, 20 Nov. 1959. Full text retrievable at http://www.unhchr.ch/html/menu3/b/25.htm. A/RES/1386 (XIV) ST/HR/1/Rev.5 (94.XIV.1), vol. I, pt. 1, p. 171

DECLARATION OF THE RIGHTS OF THE MENTALLY RETARDED PERSON
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