Human rights through the lens of disability

Abstract

Notions discriminatory to persons with disabilities commonly underpin political theories of rights. While persons without disabilities are considered “normal” and independent, persons with disabilities are commonly seen as “deviant” and dependent. Persons with intellectual disabilities are also seen as lacking the autonomy required to have human rights. Acknowledging the equal human rights of all human beings, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) refutes such notions. Drawing upon relational theory, this Article provides a theoretical basis to some of the novel features of the CRPD. In contrast to many dominant theories of rights, the author argues that 1) disability constitutes a natural part of human diversity, 2) human beings are interdependent, 3) rights are achieved through supportive relations, and 4) human rights are ideals that inform how we should treat each other. The Article shows that a human rights theory fully inclusive of persons with intellectual disabilities also strengthens the human rights of others.