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UN Convention on the Rights of Persons with Disabilities
On 13 December 2006, the United Nations adopted the Convention on the Rights of Persons with Disabilities (UN CRPD) in its General Assembly. Germany subsequently ratified the UN CRPD on 24 February 2009. The Convention finally entered into force on 26 March 2009 and has been applicable law in Germany since then. All state agencies must now ensure that persons with disabilities can exercise their rights. However, the rights are not binding under civil law, which means that violators of the rights of the states parties are not subject to punitive measures.
The UN CRPD concretises already existing human rights that have arisen under other human rights conventions and relates them to the life situation of persons with disabilities. The Convention contains principles such as equal opportunities, self-determination and inclusion, as well as individual rights. For example, Article 24(2)(a) of the CRPD emphasises the right to education in the general education system, and Article 27(1) of the CRPD grants the right to work and employment in an open, inclusive labour market and working environment accessible to persons with disabilities. The Convention thus aims to protect persons with disabilities from discrimination and exclusion and to tailor and open all areas of society to the participation of persons with disabilities. The Convention recognises that persons with disabilities are bearers of human rights and that the state is obliged to respect, guarantee and protect them.
For the concrete national implementation of the rights of the UNCRPD, the Federal Government introduced a National Action Plan (NAP 1.0), which was published in September 2011. This contained an overall strategy for the next ten years to enable equal participation for persons with disabilities. On 28 June 2016, the NAP 2.0 replaced the first National Action Plan. This now contains 175 measures in 13 fields of action and thus attempts to advance the inclusion of persons with disabilities even further through targeted measures. In addition, there is a commissioned person for each federal state who is committed to the interests of persons with disabilities. Jürgen Dusel is the Disability Commissioner at the federal level.
Since 2008, the equality of persons with disabilities has been valid international law.
Further Literature
The National Action Plan (NAP 2.0) contains the Federal Government's current overall strategy for the national implementation of the UNCRPD. It was preceded by the National Action Plan 1.0.
Status report of the NAP on the UN CRPD - 2021
The Institute for Human Rights is intensively involved with the UN CRPD and the rights of persons with disabilities. Also, having been appointed as the independent monitoring body.
Institute for Human Rights - Monitoring Body
There is a person responsible for the concerns of persons with disabilities for each of the federal states. There is also a Disability Commissioner at federal level.
Responsible person at federal state level
The Federal Government in Germany is concerned with the interests of persons with disabilities and is committed to implementing the UNCRPD in order to enable inclusion and equal participation in society:
https://www.bundesregierung.de/breg-de/aktuelles/nicht-ohne-uns-ueber-uns-451554