OUR RIGHTS ARE ALREADY INFRINGED

The International Covenant on Economic, Social and Cultural Rights (ICESCR) has established, among other rights, our 

- right to self-determination, which means that we can all freely determine our political status and freely pursue our economic, social and cultural development (Article 1) - right to social security and social insurance (Article 9) - right to an adequate standard of living, i.e. adequate food, adequate clothing, adequate housing (Article 11) 
- right to freedom from hunger (Article 11) - right to the highest attainable standard of physical and mental health (Article 12) - right to education (Article 13) 

The United Nations Convention on the Rights of Persons with Disability (CRPD) has recognized/established/confirmed our rights to 

- a social model of disability The Convention recognizes that “disability is an evolving concept and that “persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.” 
- self-determination 
The Convention “recognizes the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices”. 
- active participation in decision-making in programs that concern us “ .. Persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them”. 
- a recognition of our economic and social rights 
“Countries recognize the right to an adequate standard of living and social protection; this includes public housing, services and assistance for disability-related needs, as well as assistance with disability- related expenses in case of poverty (Article 28)”. 
- the highest standard of health “Persons with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability.” 
- equal recognition before the law (Article 2)
- respect of our privacy (Article 22) - respect of home and family (Article 23) 

The Supreme Court of Canada and the Ontario Human Rights Commission (OHRC) have specified our right to 
- a social model of disability with a focus on our experience On the OHRC’s website: “The [Supreme] Court [of Canada] said:[A] “handicap” may be the result of a physical limitation, an ailment, a social construct, a perceived limitation, or a combination of all these factors. Indeed, it is the combined effect of all these circumstances that determines whether the individual has a “handicap” for the purposes of the Charter. (Mercier, supra note 17). In another case, the Supreme Court of Canada confirmed that “social handicapping,” that is, society’s response to a real or perceived disability, should be the focus of the discrimination analysis.” 

The Honourable David C. Onley, Ontario’s 28th Lieutenant Governor, reviewed the Accessibility for Ontarians with Disability Act (2005) and found out that 

- when asked about other items than what is specifically in the Accessibiity Act, the people he consulted complained about ODSP