African and Inter-American disability rights instruments

Why it matters

Africa and the Americas each developed their own regional frameworks for disability rights. The Inter-American Convention (1999) is the first binding regional disability treaty worldwide, and its existence predates the CRPD. The African Disability Rights Protocol fills a gap in the African Union system. These instruments demonstrate the global spread of disability rights law beyond the UN system. (BoK p. 53)

African instruments

The African Charter on Human and Peoples’ Rights (1981)

Adopted by the Organization of African Unity (now the African Union), the African Charter on Human and Peoples’ Rights covers civil, political, economic, social, and cultural rights. However, like the UDHR and the ECHR, it does not mention disability as a specific protected characteristic. Disability rights advocates on the African continent therefore lacked a dedicated regional instrument for decades. (BoK p. 53)

African Disability Rights Protocol (ADRP, 2018)

The African Disability Rights Protocol (ADRP) was adopted by the African Union in 2018 as an additional protocol to the African Charter. It is specifically designed to address the rights and needs of people with disabilities across Africa, drawing on the principles of the CRPD and adapting them to the African context. (BoK p. 53)

Key provisions include:

• Article 11 — Harmful practices: The ADRP explicitly requires states to take measures to eliminate harmful traditional practices, stereotypes, and prejudices affecting persons with disabilities. (BoK p. 54)
• Provisions on the right to life, freedom from exploitation, education, work, health, and social protection in an African context.

The BoK notes that the ADRP requires 15 ratifications by African Union member states to enter into force, and at the time of the BoK’s publication, this threshold had not been reached. (BoK p. 54)

Inter-American instruments

Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities (1999)

Adopted in 1999 at the Organization of American States (OAS) General Assembly in Guatemala, this convention — often called the Guatemala Convention or simply the Inter-American Convention — is notable as the first binding regional treaty specifically on disability worldwide. It predates the CRPD by seven years. (BoK p. 54)

Article II defines the prohibited forms of discrimination against persons with disabilities, covering both direct discrimination and measures that have the effect of denying or restricting rights. (BoK p. 54)

Article III sets out the treaty’s objectives, which are twofold: the prevention and elimination of all forms of discrimination against persons with disabilities, and the promotion of their full integration into society. (BoK p. 54)

Real-world example

An accessibility consultant advising an OAS member state government uses the Inter-American Convention’s Article III objectives to argue for a national accessibility plan. Because the state ratified the convention, the government has a binding legal obligation to work toward full integration — a stronger argument than citing an aspirational declaration. The consultant also references the CRPD, which the state has separately ratified, showing how multiple binding instruments can be layered to reinforce advocacy.