As a parent or caregiver of a child or adult with any disability it is important to arm yourself with knowledge and an understanding of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It is from this international convention that the right to self-determination and other rights of disabled people are clearly identified and set out.
FASD fits every definition of 'disability' – learn more about this here.
The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is an international human rights treaty that New Zealand ratified in 2008. It sets out what is required to implement existing human rights as they relate to disabled people. Countries that ratify the UNCRPD (like New Zealand) have an obligation to implement its principles and incorporate them into domestic law, but they can do so gradually over time. In Aotearoa New Zealand this is very much still a slow work in progress.
The UNCRPD promotes and protects the rights of disabled people, ensuring they have the same rights and freedoms as non-disabled people. In essence, this means they should have the same legal right to do all the legal things that other people do, irrespective of their disability or decision-making capacity.
The UNCRPD sets out what countries need to do to implement existing human rights for disabled people. It doesn't create new rights, but instead confirms and sets out what's required.
Countries that ratify the UNCRPD have an obligation to implement it, but they can do so gradually over time. The United Nations Committee on the Rights of Persons with Disabilities (UN Disability Committee) monitors how governments implement the UNCRPD. People in countries that have ratified the UNCRPD can make complaints to the UN Disability Committee if they think their rights have been abused or denied.
