There are three main methods of transposing international legal instruments into national law: International instruments such as declarations, resolutions, principles, guidelines and rules are not technically legally binding. They express universally accepted principles and represent a moral and political obligation on the part of States. They can also serve as guidelines for States to enact laws and formulate policies for persons with disabilities. (1) Direct incorporation of the rights recognized in the international instrument into what may be called a “Bill of Rights” in the national legal system. Regulatory frameworks for progressive public spending – such as taxes, cash transfers and financing mechanisms – can enhance social inclusion. Successful interventions have directed resources to excluded groups and remote and underfunded areas and reduced inequalities in access to basic services and social protection (Kabeer, 2010: 44-45). For example, direct taxes and cash transfers have had a positive impact on inequality and poverty in Argentina, Brazil and Uruguay (Lüstig et al., 2013). Redistributive funding targeting marginalized groups has been successful in India (Jhingran & Sankar, 2009) and Brazil (UNESCO, citing Henriques, 2009). There are also some cultural and social barriers that have contributed to discouraging persons with disabilities from fully participating. Discriminatory practices against persons with disabilities may therefore be the result of social and cultural norms institutionalized by law. Changing perceptions and concepts of disability will lead to both value shifts and better understanding at all levels of society, as well as attention to social and cultural norms that can perpetuate false and inappropriate myths about disability.
One of the dominant features of legal thought in the twentieth century was the recognition of law as a tool for social change. Although legislation is not the only means of social progress, it is one of the most powerful instruments of change, progress and development in society. The course of the legislative process will vary according to the respective national legal systems. Thus, the inclusion of international human rights principles and standards in national constitutions – or similar documents – remains the most important means of bringing national laws into line with international standards. Translating a convention, norm or international standard into national law and then into local application is slow and complex, but fundamental. States have the primary responsibility for transforming legislative, administrative and judicial practices to enable persons with disabilities to exercise their rights. States that have become parties to an international convention are legally obliged to apply the provisions of the convention on their internal territory. International law leaves it to States, in accordance with their constitutional procedures, to take the necessary legislative and other measures to fulfil their obligations and to ensure that any person whose rights or freedoms have been violated has an effective and justifiable remedy before independent and impartial tribunals.
Legislation at the national level is fundamental to promoting the rights of persons with disabilities. While the international community recognizes the importance – and growing role – of international law in promoting the rights of persons with disabilities, national legislation remains one of the most effective ways to facilitate social change and improve the status of persons with disabilities. International standards on disability are useful in establishing common standards for disability legislation. These standards must also be duly taken into account in policies and programmes that can reach persons with disabilities and bring about positive changes in their lives. (3) Autonomous functioning of international legal instruments in the national legal order. The Committee notes that greater representation of women in elected bodies does not automatically enable them to be politically effective. Critical factors include: (i) elite support for women`s inclusion and gender-equitable outcomes; (ii) political coalitions exerting pressure on State or elite actors; (iii) male allies in the state bureaucracy, civil society space and the state; (iv) femocrats/politicians advocating for a gender equality agenda; (v) Strengthen women`s movements to negotiate gender equality; vi) Support to transnational actors/discourses and context. The direct application of international law by national courts can also play an important role in the implementation of international human rights law applicable to persons with disabilities by respecting relevant international standards and citing precedents in other jurisdictions.