The European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009

Statutory Instruments

2009 No. 1181

European Communities

The European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009

Made

13th May 2009

Coming into force in accordance with Article 1(2)

At the Court at Buckingham Palace, the 13th day of May 2009

Present,

The Queen’s Most Excellent Majesty in Council

In accordance with section 1(3) of the European Communities Act 1972(1) a draft of this Order was laid before, and approved by a resolution of, each House of Parliament.

Accordingly, Her Majesty, in exercise of the powers conferred by section 1(3) of the European Communities Act 1972, is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement U.K.

1.—(1) This Order may be cited as The European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009.

(2) This Order shall come into force on the date on which the treaty specified in article 2 enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.

Commencement Information

I1 Art. 1 comes into force in accordance with art. 1(2)

Specification as one of the Community Treaties U.K.

2.  The United Nations Convention on the Rights of Persons with Disabilities signed in New York by the European Community and by the United Kingdom on 30 March 2007(2) is to be regarded as one of the Community Treaties as defined in section 1(2) of the European Communities Act 1972.

Commencement Information

I2 Art. 2 comes into force in accordance with art. 1(2)

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order declares the United Nations Convention on the Rights of Persons with Disabilities (“the Convention”), which was adopted by the United Nations General Assembly on 13th December 2006, and signed by the United Kingdom and the European Community on 30th March 2007, to be one of the Community Treaties as defined by section 1(2) of the European Communities Act 1972.

The Convention sets out the obligation on States to promote, protect, and ensure the human rights of disabled people, so that they are treated on an equal basis with other people. It does not aim to establish new human rights for disabled people, but to set out with greater clarity the human rights that disabled people already have. The Convention has a wide field of application, encompassing both civil and political rights, and economic, social and cultural rights. It covers rights in all areas of life including: the right to life, liberty and security of the person; access to justice; personal mobility; health; education; work; and recreation, and provides for equal recognition of disabled people before the law. It also makes specific provision about the rights of disabled women and children.

The principal effect of declaring the Convention to be a Community Treaty as so defined is that the provisions of section 2 of the European Communities Act 1972 (which provides for the general implementation of European Treaties) apply to it.

An Impact Assessment has not been produced for this instrument as it has no impact on the costs to business, charities or the voluntary sector. An Impact Assessment has been produced for the Convention, and a copy may be found at http://www.officefordisability.gov.uk/working/theunconvention.asp.

(1)

1972 c.68.

(2)

Cmd 7564.