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ARTICLE 9
Replace current text of Article 9 with the following:
1. States Parties shall recognize that, in civil matters, adults with disabilities have a legal capacity identical to that of other adults and shall accord them equal opportunities to exercise that capacity. In particular, they shall recognize that adults with disabilities have equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. (CEDAW, Art. 15(2) with revisions)
2. States Parties shall ensure that where adults with disabilities need support to exercise their legal capacity, including assistance to understand information and to express their decisions, choices and wishes, the assistance is proportional to the degree of support required and tailored to the adult’s individual circumstances.
3. Only a competent, independent and impartial authority, under a standard and procedure established by law, can find an adult not to have legal capacity. States Parties shall provide by law for a procedure with appropriate safeguards for the appointment of a personal representative to exercise legal capacity on the adult’s behalf. Such an appointment should be guided by principles consistent with this Convention and international human rights law, including:
(a) ensuring that the appointment is proportional to the adult’s degree of legal incapacity and tailored to the adult’s individual circumstances; and,
(b) ensuring that personal representatives take into account, to the maximum extent possible, the adult’s decisions, choices and wishes.
ARTICLE 10
Remove 2 (d) and replace with new paragraph 3:
3. Any person with a disability who has been the victim of unlawful deprivation of liberty shall have an enforceable right to compensation.
Article 19
Accessibility
(States Parties to this Convention shall
take all appropriate measures to identify and eliminate existing barriers, to prevent the creation of new barriers, and to ensure accessibility for persons with disabilities in order to enhance their capacity to live independently and to participate fully in all aspects of life - Canada):
ARTICLE 22
Right to Work
States Parties recognize the right of all persons with disabilities to work, which includes the opportunity to gain a living by work that they freely choose or accept, with a view to promoting equal opportunity and treatment of all persons with disabilities, and protecting them from poverty. States Parties shall take appropriate steps to safeguard and promote the realization of this right, including measures to:
(a) promote labour markets and work environments that are open, inclusive, and accessible to all persons with disabilities;
(b) ensure the reasonable accommodation of persons with disabilities in workplaces and work environments;
(c) promote employment and career opportunities for all persons with disabilities in open labour markets;
(d) encourage all employers to hire persons with disabilities, including through positive measures;
(e) provide assistance to persons with disabilities in finding, obtaining, maintaining, and returning to employment including through vocational and professional programs;
(f) ensure that persons with disabilities have equal opportunity to employment in the public sector;
(g) ensure persons with disabilities are able to exercise their labour and trade union rights;
(h) protect persons with disabilities from discrimination with respect to all terms and conditions of their employment;
(i) Eliminate (j) – Covered in the text of Article 5.