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PROPOSALS FOR INCLUSION: CHILE
PREAMBLE
1. Continuation of letter (d) and in a separate letter – It is recommended that appreciation be extended to the World Conference against racism, racial discrimination, xenophobia and related intolerance, held in South Africa in 2001, which gave impetus to the resolution promoting the work of the United Nations in the elaboration of an International convention on the rights of persons with disabilities.
2. Letter (o)- add the phrase “in accordance with the Millennium Declaration on this matter”, as follows:
“ Aware of the necessity to mitigate the adverse effects of poverty on the situation of persons with disabilities, in accordance with the Millennium Declaration on this matter”.
3. It is recommended that the concept of “Index of Human Development” be introduced as a separate letter, or introduced as a concept in letter (r). In the latter case, it may read as follows:
“Convinced that a convention dealing specifically with the human rights of persons with disabilities will contribute to the improvement of the Human Development Index of this group and the world population in general, redressing the profound disadvantage of persons with disabilities and promote their participation with equal opportunities in civil, political, economic, social and cultural spheres in both developing and developed countries.
ARTICLE 18 - Participation in political and public life
Letter (a) item (iii) should be modified as follows:
(iii) Guarantee the effective exercise of the right of suffrage to all citizens with disabilities who request for it, and the necessary assistance to this effect, including the alternative of assisted voting, which does not impede the secrecy of the ballot indicated in the previous point (appreciation of assisted voting).
Letter (c) should be modified as follows:
(c) Ensure the participation of persons with disabilities and their respective organizations on an equal footing with others, in all the processes of adopting decisions in matters of public interest and the disabled in particular, implying their participation in the design, implementation, control and evaluation of public policies, as well as in legislative proposals. (note: idea of sectorial collaterals/idea of no thematic partitions)
OBSERVATIONS
- The possibility of exercising “public positions” which are not necessarily those of elections, should be included.
- The Working Group of the Special Committee indicates that a similarity exists between letter (c) of Article 18 and paragraph 2 of Article 4: the latter refers to the implementation of the Convention, which means in the international sphere and Article 18 pertains directly to the national sphere.
ARTICLE 19 – Accessibility
Paragraph 1 should be modified as follows:
“States Parties to this Convention will adopt the appropriate measures to identify and eliminate obstacles and to ensure that persons with disabilities have access to built spaces, to transport in its diverse forms (land, air and maritime), to the culture, to information and communications, taking into account the right of persons with disabilities to accessible technologies, in particular to the technologies of information and communications and other services, in order to ensure…..”
Letter (a) should be modified as follows:
(a) The construction and renovation of public buildings, roads and other facilities for public use, such as schools, housing, medical facilities, indoor and outdoor facilities, publicly owned work places and privately owned work places. (Note: The question of employment is a country matter and for this reason, it is desirable to have an open labor facility for all without exclusion. From this stems the importance that places of private employment can envisage such accessibility. Majority of these are profitable companies, which should invest in such accessibility measures, by virtue of the principle of social responsibility of these companies).
Letter (b) under paragraph 2 should be modified as follows:
(b) Provide other forms of help through personal assistance, facilitators and intermediaries, such as guides, readers and sign language interpreters, to facilitate accessibility to buildings and public services.
It is proposed the following phrase be added to letter (c):
(c ) This decree include buildings and private installations which render public services or which cater to the public.
Letter (d) should be modified as follows:
(d) Encourage private entities in general (which do not render public services or cater to the public) to take into account all those aspects of accessibility for persons with disabilities.
Add the following words “conception, principles and implementation” to letter (f) as follows:
(f) Promote the conception, principles and implementation of universal design and international cooperation in the development of standards, guidelines and assistive technologies.
Add a letter (i) as follows:
(i) Incorporate in the study programmes of those being educated at all levels, the theme of accessibility.
OBSERVATIONS
- The above letter is added to urge the interest of all society, not only
of those actually interested (such as those mentioned in letter (h). While
the Convention definitely envisions changes at the present time, work has to
be done to make these transformations more far-reaching for the coming generations.
Accessibility is a core issue in the inclusive development of countries.
- It is proposed that Article 4 on General Obligations should include a letter
referring to: “Incorporate in the study programmes to all being educated, in
all levels, the theme of disability. This would allow the withdrawal of letter
(h) in Article 19, placing a broader formulation that would also withdraw the
preceding proposal on letter (i).
Advantage: It would shorter Article 19 and broaden the spectrum through Article 4.
ARTICLE 20 – Personal mobility
Modify letter (a) as follows:
(a) Facilitate access by persons with disabilities to high-quality mobility aids, assistive technologies, good quality devices and personal help, facilitators and intermediaries, at an affordable cost (eliminates the word “granting”)
Change the drafting of letter (c) as follows:
(b) Undertake and promote research, development and production of mobility aids, devices and new assistive technologies for the mobility of persons with disabilities.
Add the following phrase “through accessible formats” to letter (f) as follows:
(f) Provide information to persons with disabilities, “through accessible formats”, about mobility aids, devices…….”.
ARTICLE 21 – Right to health and rehabilitation
OBSERVATION:
The right to health should be separated from rehabilitation and the latter should be treated as a specific right, since it has its own nature and components, as well as particular objectives. Chile also acknowledges it as a right in its legislation.
A letter should be added to this Article:
(letter) States should promote rehabilitation programmes based on the community.
Note: Prevention as a right: The right to secondary prevention to avoid progression of a disability or the production of other disabilities, as well as prevention in terms of vaccinations and genetic consultations before pregnancy, when considered hereditary pathologies. In Chile, prevention constitutes a State obligation and a right for persons with disabilities, their families together with the society at large.
Letter (e) - Add the word “adults” as follows:
(e) Provide programmes and services to prevent and protect against secondary disabilities, in particular among children, adults and the elderly.
Letter (f) – add the phrase “biomedic, genetic, scientific” as follows:
(f) Encourage biomedic, genetic and scientific research and the development, dissemination and application of new knowledge and technologies that benefit persons with disabilities.
Letter (h) – add the phrase “their knowledge” between “to increase” and “disabiliy-sensitive”, as follows:
(h) Provide to all health and rehabilitation professionals an appropriate education and training to increase their knowledge and their disability-sensitive awareness…….
Letter i) (in the Spanish version of the Draft Convention text) – In the last line, change the word “satisfactoria” for the word “competente”,
Note: Placing the word “competente” elevates the minimum standards that implies by the word “satisfactoria”, appears in the Spanish Draft Convention text.
Letter (k) – should be modified as follows:
(k) Prevent medical treatments, rehabilitation and other types of corrective surgical procedures on persons with disabilities which are not authorized by them or their representatives.
Note 1. The bioethic principle of autonomy has precedence over all principles/placing the treatment of rehabilitation resides in the same article.
Note 2: This article may be drafted in proactive or positive terms such as: “prevent application of medical treatments…always taking into account the authorization or consent of the persons with disabilities or their representatives”.
OBSERVATION
Health insurance for the disabled without discrimination and at a price equivalent to that given to persons without disabilities (related to those cited under the article on social security).
Additional Articles
a) ACCESS TO LAW AND JUSTICE BY PERSONS WITH DISABILITIES IN EQUAL CONDITIONS WITH THOSE ENJOYED BY THE REST OF THE POPULATION:
“States should guarantee adequate access to the law and justice of persons with disabilities, facilitating their effective role as direct or indirect parties to the judicial process, such as in non-contentious legal proceedings. In this context, the justice tribunals should design and implement training programmes directed to the judiciary and its personnel which permit the implementation of this provision”.
b) NORM OF INTERPRETATION OF THE CONVENTION:
“The provisions of this Convention should always be interpreted in the most favourable sense to persons with disabilities, to avoid impediments to their rights.”
ARTICLE 22 – Right to work
Letter (b)- add the phrase “labour training” as follows:
(b) Enable persons with disabilities to have effective access to general technical and vocational guidance programmes, placement services, assistive devices, vocational formation, labour training and continuing education.
Letter (g) – add the word “labour” as follows:
(g) Promote vocational, labour and professional rehabilitation, job retention…..
Letter (h) – should be modified as follows:
(h) Enact laws and apply public policies to protect persons with disabilities with regard to employment, continuance of employment, career advancement, working conditions, including equal remuneration for work of equal value and equal opportunities, and the redressing of grievances, to ensure that persons with disabilities are able to exercise their labour and trade union rights. These measures should consider safeguards to avoid the establishment of discriminatory conditions and requirements which affect, in an explicit or implicit manner, access to employment of persons with disabilities, and their tenure in their places of work, envisaging penalties for the occurrence of these prohibitions.
Letter (i) should be modified as follows:
(i) Ensure that persons with disabilities have equal opportunities in the access and performance of work in the public sector.
NOTE: In Chile, legislation posing difficulties to this access is being modified: compatible health and necessary schooling needed in case of disability.
Letter (j) – add the phrase “ and to the productive processes” in the second line, after “labour market” as follows:
(j) Promote recognition of the skills, merits, abilities and contributions of persons with disabilities to the workplace , the labour market and to the productive processes, and to combat stereotypes and prejudices……
New letters should be added along the following lines:
(Letter 1): “ Promote enterprises by persons with disabilities, established
and developed, with access to sources of credit and financing without conditions
and requirements other than those established for clients without disabilities,
in accordance with stipulations indicated in Article 9, letter (e) of the Convention.”
(Letter 2): “Support modalities of protected work for persons with disabilities who cannot be incorporated in the competitive market”.
(Letter 3): “Develop campaigns for the prevention of labour accidents”.
ARTICLE 23 – Social security and an adequate standard of living
In the title, change the phrase, “adequate standard of living” to “adequate
quality of life”.
The reference to “standard of life” takes into account a stratified quantitative
order, while “quality of life” constitutes a conceptual qualitative character
for the enjoyment of personal and particular needs of a person and his family.
Letter (c) In Spanish text – Replace the word “graves” in the first line, by “severas”.
Letter (d) should be modified as follows:
(d) Ensure access to persons with disabilities to public housing programmes, with priority to be given for their accommodation to such housing.
Note: Chile applies the system of priority for accommodation in public housing programmes, on the basis of disability (due to the fact that disability gives a higher “punctuation” for such accommodation)
Letter (f) should be modified as follows:
(f) Ensure that persons with disabilities can obtain life and health insurance without discrimination on the basis of disability. Whether the system is for individual or capitalization saving, the cost for the person with disability should be the same as that applied to all persons.
Modify no. 2 as follows:
“States Parties recognize the right of all persons with disabilities to an adequate quality of life for themselves and their families, including food, clothing, appropriate housing, access to potable water and basic sanitary services, and the continuous improvement of their living conditions, and will adopt measures to protect and promote the achievement of this right.”
OBSERVATIONS
- Separate mention of social assistance is unnecessary, since it is already a part of social security and in all cases is referred to in letters (b) and (c).
- The definition of family is not recommended to be included, since national legislations define them along lines and degrees. For example, the Convention on the Rights of the Child and the Convention on the Rights of Migrant Workers and their Families makes reference to these without defining them.
ARTICLE 24 – Participation in cultural life, recreation, leisure and sport
N° 1, letter (d) should be modified as follows:
(d) Enjoy access to places which offer presentations or cultural services, such as theaters, museums, cinemas, libraries and hotel industry, and, as far as possible, enjoy access to monuments and sites of natural cultural importance, granting those facilities which allow the enjoyment of these artistic expressions.
Note: Blind persons appreciate through the tactile sense sculpture pieces which can be touched, and with verbal description of those objects which cannot be known in this manner, without the risk of deterioration.
No. 4, letter (c) – replace the phrase “children with disabilities”, in the second line, with “pupils with disabilities”.
Two new letters should be added to no. 4 as follows:
(letter): “Develop the sportive potential of persons with disabilities, promoting sports, massive, competitive, of high performance and age-ranged along all the groups and places of each national territory”.
(letter) “ Promote training in educators and trainers which carry out sports and recreation programmes, for the adequate inclusion and attention of persons with disabilities in those programmes.