United Nations Convention on the Rights of Persons with Disabilities in the Federal State of Hessen
In all parts of the world, people with disabilities remain one of the most marginalised groups as far as the observance of human rights standards is concerned. In view of this, the United Nations General Assembly has adopted the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2006. As an instrument under international law, the UNCRPD is designed to strengthen the rights and individual liberties of people with disabilities, ensuring their effective and complete inclusion in society, free of discrimination. The Federal Republic of Germany has ratified the UNCRPD without reservations. In 2009, the convention has become legally binding on the domestic authorities in Germany.
Setting new standards in more than one way, the UNCRPD imposes on each signatory state the responsibility to pursue actively the full realisation of the objectives and principles enshrined in the new convention. Specifically, state parties are obliged to adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognised under the UNCRPD.
In light of the obligations arising under international law, the Federal State of Hessen adopted the “Hessen Action Plan for the Implementation of the UNCRPD” (Hessischer Aktionsplan zur Umsetzung der UN-Behindertenrechtskonvention). In this document, the State Government undertakes the commitment to examine all state legislation for compliance with the UNCRPD.
For the purpose of the envisaged review of domestic state laws, the Foundation provided technical advice by means of a holistic analysis clarifying the respective requirements and obligations embodied in the convention. Based on this, the overall goal is to allow for the systematic identification of areas where legislative reforms or harmonising efforts are required on state level. Furthermore, the project aimed to develop practical drafting guidelines and recommendations to ensure the full, comprehensive and effective implementation of the UNCRPD into the domestic legal order.