The Asymmetries of Disability Rights Protection in the Inter-American System

Abstract

Inter-American States were the first to adopt a specific and comprehensive convention in the area of disability: the 1999 Inter-American Convention for the Elimination of All Forms of Discrimination against Persons with Disabilities ('CIADDIS'). Most States in the Americas are currently parties to both the CIADDIS and the Convention on the Rights of Persons with Disabilities ('CRPD'), aiming to develop targeted policies, along the lines of the concept of 'inclusive sustainability', which is central to the action of the Organisation of American States. Within this context, two issues emerge where States could do more for respecting, protecting and fulfilling the rights of people with disabilities and fully implementing the concept of 'different ability'. From a socio-economic standpoint, there is a gap between the US and Latin American States, whereby not enough progress has been made with particular regard to independent living and participation in society. Institutionally, the Inter-American system is asymmetrical: as they have no jurisdiction over the CIADDIS and the CRPD, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have relied on these conventions to interpret the American Convention on Human Rights and the San Salvador Protocol. The Commission and the Court have thus elaborated on specific aspects of disability rights, notably in light of first- and second-generation human rights, which also apply to States that are not parties to the CIADDIS and the CRPD, particularly the US. However, jurisdictional limitations have prevented a comprehensive approach to the loopholes that affect disability rights in the Americas and the development of a consistent jurisprudence on third-generation disability rights.