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A/AC.265/2003/CRP.13/Add.2

Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities
New York, 16-27 June 2003

European Union

"Elements for an international convention"

TITLE

"International Convention on the Full Enjoyment of All Human Rights and Fundamental Freedoms by Persons with Disabilities"

PREAMBLE

The preamble should include, inter alia, the following:

Recall the universality of all human rights and fundamental freedoms as set out in the Universal Declaration of Human Rights and the six core human rights conventions, as well as the related undertakings by states parties.

Recall that the Convention on the Rights of the Child emphasises that special measures are needed for the full enjoyment of all human rights by children with disabilities as recognised, inter alia, in Article 23.

Note the resolutions, declarations and recommendations, adopted by the United Nations and the specialised agencies, that promote the full enjoyment of all human rights by persons with disabilities.

Recall the principles and policy guidelines contained in the Standard Rules on Equalisation of Opportunities for Persons with Disabilities.

Recognise the diversity of persons with disabilities.

Emphasise that despite these various instruments, persons with disabilities continue to face barriers to the effective enjoyment of human rights.

Emphasise the incorporation of a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities.

Express concern that persons with disabilities face discrimination irrespective of the nature of their disability as well as additional challenges due to multiple discrimination.

Express concern that the situation of persons with disabilities is often exacerbated in situations of poverty and armed conflict.

Recognise the importance of accessibility both to physical environment and to information and communication in enabling persons with disabilities to fully enjoy human rights.

OPERATIVE PROVISIONS

The operative provisions should include, inter alia, the following:

GENERAL PRINCIPLES

The purpose of the Convention should be to ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities.
The fundamental principles to be followed are: non-discrimination, equality of opportunity, autonomy, participation and integration.

PART I: NON-DISCRIMINATION

For the purpose of the present Convention, a definition of direct and indirect "discrimination on the grounds of disability" is needed

In order to secure non-discrimination of persons with disabilities, States Parties to the present Convention undertake in particular to:

Recognise the identity of persons with disabilities as individuals, with equal rights before the law.
Adopt appropriate legislative and other measures prohibiting discrimination against persons with disabilities including by modifying or abolishing existing laws, regulations, customs and practices which have the effect of creating or perpetuating such discrimination.
Address the issue of reasonable accommodation.
Take appropriate measures to promote the right of persons with disabilities to the enjoyment of the highest attainable standard of physical and mental health and to facilitate access to social and health services.
Promote awareness throughout society about disability and the rights and contribution of persons with disabilities.
Take measures to combat prejudice and overcome negative stereotypes of persons with disabilities.

PART II: EQUALITY OF OPPORTUNITY

In order to secure equality of opportunity of persons with disabilities States Parties to the present Convention undertake in particular to:

Take steps to ensure the full enjoyment of all human rights and fundamental freedoms through, inter alia, positive actions and strategies.
Take measures to enable persons with disabilities to take full advantage of the right to education and to access vocational and continuing training.
Take measures to promote employment opportunities including free vocational choice for persons with disabilities in enabling them to exercise the right to work and enjoy just and favourable labour conditions.
Promote the availability of all appropriate forms of assistance and the development of Design for All and technology which contribute to participation and integration.

PART III: AUTONOMY

In order to secure autonomy of persons with disabilities, States Parties to the present Convention undertake in particular to:

Ensure that persons with disabilities enjoy the right fully to participate on an equal footing in decision making affecting their public life and freedom of choice in their private lives.
Take necessary measures to prohibit and prevent any cruel, inhuman or degrading treatment, in particular in situations of forced intervention or institutionalization.
Take appropriate measures to protect persons with disabilities from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation.
Take appropriate measures to ensure that persons with disabilities are not deprived of their liberty without proper application of legal safeguards.
Take measures to ensure that persons with disabilities are not subjected to arbitrary interference with their privacy, family, home or correspondence.
Eliminate discrimination against persons with disabilities in all matters relating to personal relationships, marriage and family relations.
Take appropriate steps to ensure the realisation of the right to an adequate standard of living for persons with disabilities and their families, including adequate food, clothing, and housing and the continuous improvement of living conditions.

PART IV: PARTICIPATION AND INTEGRATION

In order to secure full and effective participation and integration in society on an equal basis for persons with disabilities States Parties to the present Convention undertake in particular to:

Take appropriate measures to ensure that persons with disabilities can effectively enjoy on an equal footing the entirety of their rights in the civil, political, social, economic, and cultural fields.
Take appropriate measures to facilitate integration and participation in society by identifying and eliminating obstacles to accessibility
Promote equal access to information and means of communication.
Promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives.
Promote an environment in which persons with disabilities can take part in the conduct of public affairs, including by participating in non-governmental organisations and associations.

PART V: MONITORING

The issue of the monitoring mechanism will have to be revisited in light of the outcome of negotiations of this convention and the ongoing review of all human rights treaties monitoring mechanisms.

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The European Union believes that for the purposes of the Convention it is not necessary to define the notion of disability.

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