Some Aspects of the Implementation of the UN CRPD in Hungary, with a Special Focus to the Article 19 ("Living Independently and Being Included in the Community") – Part I.

Abstract

The Hungarian ratification of the UN Convention on the Rights of Persons With Disabilities (hereinafter: CRPD) dates back to 2007. The aim of this study is to examine how far the implementation of the legal requirements and the political message of the CRPD have come over the past decade, with a special focus on a specific key article of the convention (Article 19 “Living independently and being included in the community”). In this article, as the first part of the study, the structure and the internal cohesion system of the CRPD is described, the correct understanding of which is an essential precondition of the proper interpretation and implementation of each article. In the second part, the author gives a detailed analysis of the indicators of the implementation of Article 19. In this part, general aspects of the implementation of the CRPD are identified as follows. The convention is not only a legal instrument but a political agenda as well, targeting at the worldwide implementation of the social model of disability, replacing the traditional medical model, however, preserving some aspects of this latter. Understanding and considering the values of these models is necessary to understand the introductory (horizontally applicable) chapters of the CRPD. As the CRPD also emphasises, attention should be taken to the fact that the group of persons with disabilities is heterogeneous, so disability-related law and policies should also be diverse respectively. In the course of enforcement of human rights specified in the CRPD, it is necessary to recognise the internal linkages between the specific rights and the situations in which the enforcement of specific rights conflicts with the enforcement of other rights. In these situations decision-makers should keep the basic values of the CRPD (protection of human dignity and improving the quality of life of persons with disabilities) in mind, which can determine the guidelines of the proper implementation.