Everyone was exhausted but high on optimism and relief. Twenty years ago today (25 August 2006) and late on a hot August night in New York, the text of the first human rights treaty of a new century, the UN Convention on the Rights of Disabled People, was finalised.

Disabled people were among the international negotiators – a first for the United Nations. As a New Zealand Human Rights Commissioner, I was part of a delegation that included disabled Kiwis. These final negotiations were ably chaired by then New Zealand diplomat Don MacKay.

We all hoped it would radically change the human rights landscape.
While the UN Convention on the Rights of Disabled People (UNCRPD) can be viewed as a whole, Article 30 (Participation in cultural life, recreation, leisure and sport) is directly relevant to the arts. But it should be understood and implemented in conjunction with other articles, such as Article 5 (Equality and non-discrimination), Articles 9 (Accessibility) and 20 (Personal mobility).

They are all relevant in considering progress towards our full participation in the arts.
The New Zealand government ratified the UNCRPD in 2008. Along with the Independent Monitoring Mechanism (including the Human Rights Commission, the Office of the Ombudsman and the group of disabled people’s organisations or DPOs), the government  reports to the UN on a regular basis. New Zealand’s last report was in 2022.

How well have we done? From my perspective a lot has happened but not all of it can be attributed to the successive governments responsible for the implementation of UN treaties.

Arts Access Aotearoa was founded in 1995 – well before the UNCRPD. Art in prisons and creative spaces were an early focus. Touch Compass Dance Company was also well-established by then.
Much of the impetus for arts access and disability arts has come from the disability and arts communities as well as Arts Access Aotearoa, funded indirectly by the  government through Creative New Zealand.

Recognition and visibility of New Zealand Sign Language increased when it became one of our official languages in 2006, and its inclusion in access to the arts, and within the arts has increased since then. It has given Deaf people a platform to build on their language and culture.

Creative New Zealand’s benchmarked data, New Zealanders and the Arts – Ko Aotearoa me ōna Toi (2023) shows that Deaf and disabled people engage with and participate in the arts at high rates (67%). 
The research also notes Deaf and disabled people still face distinct barriers to full accessibility and, in general, have lower incomes. Other barriers relate to transport, physical access and ticketing processes.
UNCRPD reporting on New Zealand’s progress in 2022 cited some policy development, venue access improvements and participation but it also acknowledged there were still significant barriers to participating equally in cultural life.

Since then, Creative New Zealand has developed its Tapatahi Accessibility Policy and Action Plan 2023 – 2028 in partnership with Deaf and disabled people.

There is no list of arts organisations with accessibility policies. Some have established accessible processes for bookings and some consistently offer relaxed, audio described and NZSL interpreted events. The number of accessible events every year has rocketed (more than 365 in 2026, recorded by Arts Access Aotearoa).

Other organisations have processes that are dependent on the voluntary contribution of disabled people and show little progress as yet. Access can be dependent on the enthusiasm or goodwill of one staff member. When they leave things fall apart.

The arts need audiences and some small non-professional organisations are making an effort. An excellent amateur dramatic society production recently provided my delighted hard of hearing friend with a copy of the script, with a discreet light attached. A small but effective action.

But without embedded policies and action plans, senior organisational and sector leadership, and commitment to progressing access for audiences and artists as business as usual, results will be precarious and inconsistent.

Disability exceptionalism must be challenged and elitism avoided. Access and participation as add-ons, favours or nice-to-haves are not equity or human rights.

Pushback against the benefits of accessible books through the Marrakesh Treaty was disappointing but consistent commitment to access and participation through tough times by organisations such as Verb Wellington is encouraging. 
Disabled stories and histories are largely absent from our museums and galleries. Historical museum collections may contain medicalised or stereotypical artifacts with little context, which can reinforce ableism and stigma.

True narrative representation in arts and cultural contexts, including in museums and galleries, requires respectful co-design and leadership by Deaf and disabled creatives rather than external interpretation of our stories and place in history.

The arts are critical for telling our stories – all our stories – for sharing the wonder and pain of being human, to challenge and to question, and to grow and nourish us. They are as vital as any other element of human rights.

Disability arts have the power to uplift disabled stories beyond the inspirational or pitiable, challenging outdated stereotypes. Proud disability arts and culture celebrate a deeper and richer understanding of the human condition in a progressive human rights context.

Among my most vivid recollections of the UN building in New York is the stunning art. The Chagall window and the knotted gun barrel sculpture are my favourites. Art represents the best of us and our aspirations for humanity.