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Costa Rica
Article 2
GENERAL PRINCIPLES
The fundamental principles of this Convention shall be:
a. Intrinsic dignity of persons, individual autonomy, including the
freedom to make one's own choices, and independent life;
b. non-discrimination;
c. full inclusion of persons with disabilities as equal citizens and
participants in all aspects of life;
d. respect for difference and acceptance of disability as part of human
diversity and humanity;
e. equality of opportunity.
f. Personal development and enjoyment of all stages of life
Note: The issue of gender should be explicitly addressed in this
Convention. The Preamble might be a good place to do so. There is no
mention or comment to other proposals because there is no available
text reflecting them and enabling us to make any further reference.
Article 4
GENERAL OBLIGATIONS 18, 19
1. States Parties undertake to ensure the defense and promotion of
all human rights and fundamental freedoms for all individuals within
their jurisdiction20 without discrimination of any kind on the basis
of disability. To this end, States Parties undertake:
a. to adopt legislative, judicial, administrative and other measures,
nationally and locally, to allow the enjoyment of human rights and fundamental
freedoms of persons with disabilities and, where appropriate, to amend,
repeal or nullify any laws and regulations incompatible with such purpose.
b. To adopt measures oriented towards the eradication of customs or
practices that impede or make more difficult the enjoyment of human
rights and fundamental freedoms of persons with disabilities, as provided
in this convention;
c. to embody the principles of equality of opportunity and non-discrimination
on the ground of disability in their national legislation, if not yet
incorporated therein, and to ensure, through law and other appropriate
means, the practical realisation of these rights;
d. to make sure that the needs and concerns of persons with disabilities
are incorporated into economic and social development plans and policies,
and not treated separately;
e. to refrain from engaging in any act or practice that diminishes
the enjoyment of human rights and fundamental freedoms of persons with
disabilities, as provided in this convention and to ensure that public
authorities and institutions, as well as private institutions providing
public services, act in conformity with this Convention;
f. to take all appropriate measures to eliminate discrimination on
the ground of disability by any person, organisation or enterprise;
g. to promote21 the development, availability and use of universally
designed goods, services, equipment and facilities. Such goods, services,
equipment and facilities should meet the specific needs of a person
with disabilities.
2. In the development and implementation of policies and legislation
to implement this convention, States Parties shall do so in partnership
with persons with disabilities and their representative organisations.
3.
Article 5
PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES
1. States Parties undertake to adopt immediate and effective measures
to:
a. Raise awareness throughout society regarding disability, persons
with disabilities and their human rights;
b. Combat stereotypes and prejudices about persons with disabilities;
c. Promote an image of persons with disabilities as capable and contributing
members of society sharing the same rights and freedoms as all others
and in a manner consistent with the overall purpose of this Convention.
2. These measures shall include, among others:
a. initiating and maintaining effective public awareness policies designed
to nurture receptiveness to the rights of persons with disabilities;
b. promoting awareness in their population, including in all children
from an early age and at all levels of the education system, to foster
an attitude of respect for the rights of persons with disabilities;
c. encouraging all organs of the media to project an image of persons
with disabilities consistent with the purpose of this Convention;
d. working in partnership with persons with disabilities and their
representative organisations in all measures taken to give effect to
the obligations contained in this article.
Article 6
STATISTICS AND DATA COLLECTION
In order to formulate and implement appropriate policies to protect
and promote the rights of persons with disabilities, States Parties
should encourage the collection, analysis, codification and dissemination
of statistics and information on disabilities and on the effective enjoyment
of human rights by persons with disabilities. The process of collecting
and maintaining this information shall:
a. respect the right to privacy, the dignity and the rights of persons
with disabilities, and the information collected from persons with disabilities
shall be on a voluntary basis;
b. be kept only in a statistical format without identifying individuals
and shall be kept secure to prevent unauthorised access or misuse of
information;
c. ensure that the design and implementation of data collection is
done in partnership with persons with disabilities, their representative
organisations and all other relevant stakeholders;
d. be disaggregated according to the purpose of the collection of information
and should include age, sex, type of disability and if it is located
in rural or urban areas;
e. include detailed information on their access to public services,
rehabilitation programs, education, housing and employment;
f. adhere to established ethics regarding respect for anonymity and
confidentiality in the collection of statistics and data.
Art 8: right to life
States Parties reaffirm the inherent right to life of all persons,
and shall take all necessary measures to ensure its enjoyment by persons
with disabilities.
Populations in special risk
States Parties, in accordance to their obligations in the context of
the Universal Declaration of Human Rights, the international treaties
and conventions of human rights and humanitarian law, shall take all
necessary measures to ensure the protection of persons with disabilities
that are affected by armed conflict, are refugees, are internally displaced,
live in extreme poverty, live in rural or remote scattered populations,
or are victims of natural disasters.
Draft Article 13
FREEDOM OF EXPRESSION AND OPINION, AND ACCESS TO INFORMATION
States Parties undertake to ensure the enjoyment of the right to information
and communication to persons with dissabilitites. In this regard, States
parties shall take appropriate measures to ensure that persons with
disabilities can exercise their right to freedom of expression and opinion
through alternative modes of communication of their choice, where appropriate,
including Braille and sign language, and to seek, receive and impart
information, on conditions of equality, including by:
(a) providing public information to persons with disabilities, on request,
in a timely manner and without additional cost, in accessible formats
and technologies of their choice, taking into account different kinds
of disability;
(b) accepting the use of alternative modes of communication by persons
with disabilities in official interactions;
(c) providing education programs aimed to teaching persons with disabilities
and their families to use alternative and augmentative communication
modes;
(d) undertaking and promoting the research, development and production
of new technologies, including information and communication technologies,
and assistive technologies, suitable for persons with disabilities;
(e) promoting other appropriate forms of assistance and support to
persons with disabilities to ensure their access to information; including
training of interpreters, and access to new information and communication
technologies
(f) encouraging private entities that provide services to the general
public to provide information and services in accessible and usable
formats for persons with disabilities;
(g) encouraging the mass media to make their services accessible to
persons with disabilities.
Draft Article 14
RESPECT FOR PRIVACY
1. Persons with disabilities shall not be subjected to arbitrary or
unlawful interference with their privacy, and have the right to the
protection of the law against such interference in all fields. States
Parties to this Convention shall take effective measures to protect
the privacy of the communications, information and documents of persons
with disabilities.
Draft Article 14 Bis
RESPECT FOR FAMILY AND INTIMATE RELATIONS
1. States Parties to this Convention shall take effective and appropriate
measures to eliminate discrimination against persons with disabilities
in all matters relating to intimate relations and family relations,
and in particular shall ensure:
(a) that persons with disabilities are not denied the equal opportunity
to experience their sexuality, have sexual and other intimate relations,
including marriage, and experience parenthood;
(b) the right of all men and women with disabilities to establish
and fully develop intimate relations, including marriage on the basis
of free, full and reciprocal consent, and to found a family;
b) bis) the right of persons with disabilities to reproduction, prohibiting
all practices aimed at involuntary sterilization and/or inhibiting the
exercise of the right to reproduction on the basis of prejudices about
persons with disabilities.
(c) the rights of persons with disabilities to decide freely and responsibly
on the number and spacing of their children on an equal basis with
other persons and to have access to information, reproductive and
family planning education, and the means necessary to enable them to
exercise these rights;
(d) the rights of persons with disabilities with regard to
guardianship, wardship, trusteeship and adoption of children, or similar
institutions where these concepts exist in national legislation. For
the purpose of guaranteeing these rights, States Parties shall render
appropriate assistance to disabled parents in the performance of their
child rearing responsibilities;
(e) that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review
determine, in accordance with applicable law and procedures, that such
separation is necessary for the best interests of the child. The child
shall not however be separated from parents with disabilities on the
basis either directly or indirectly of their disability;
(f) the promotion of awareness and the provision of information aimed
at changing negative perceptions and social prejudices towards sexuality,
intimate relations, including marriage and parenthood of persons with
disabilities.
Draft Article 21
RIGHT TO HEALTH AND REHABILITATION
States Parties recognize that all persons with disabilities have the
right to the enjoyment of the highest attainable standard of health
on an equal basis and considering human diversity without discrimination
on the basis of disability. States Parties shall strive to ensure
no person with a disability is deprived of that right, and shall take
all appropriate measures to ensure access for persons with disabilities
to health and rehabilitation services. In particular, States Parties
shall:
(a) provide persons with disabilities with the same range and standard
of health and rehabilitation services as provided other citizens, including
sexual and reproductive health services;
(b) strive to provide those health and rehabilitation services needed
and requested by persons with disabilities specifically because of their
disabilities;
(c) endeavour to provide these health and rehabilitation services as
close as possible to people’s own communities, including domiciliary
attention and Community Based Rehabilitation;
(d) ensure that health and rehabilitation services include the provision
of safe respite places, to use on a voluntary basis, and counselling
and support groups, including those provided by persons with disabilities;
(e) provide programs and services to prevent and protect against secondary
disabilities, including amongst children and the elderly;
(f) encourage research and the development, dissemination and application
of new knowledge and technologies that benefit persons with disabilities;
(g) encourage the development of sufficient numbers of health
and rehabilitation professionals, including persons who have disabilities,
covering all disciplines needed to meet the health and rehabilitation
needs of persons with disabilities, and ensure they have adequate specialised
training;
(h) provide all health and rehabilitation professionals an appropriate
education and training to increase their disability-sensitive awareness
and respect for the rights, dignity and needs of persons with disabilities,
in line with the principles of this Convention;
(i) ensure that a code of ethics for public and private healthcare,
that promotes quality care, openness and respect for the human rights,
dignity and autonomy of persons with disabilities, is put in place nationally,
and ensure that the services and conditions of public and private health
care and rehabilitation facilities and institutions are well monitored;
(j) ensure that health and rehabilitation services provided to persons
with disabilities, and the sharing of their personal health or rehabilitation
information, occur only after the person concerned has given their free
and informed consent, and that health and rehabilitation professionals
inform persons with disabilities of their relevant rights;
(k) prevent impede unwanted medical and related interventions and corrective
surgeries from being imposed on persons with disabilities; (in Spanish
it was translated as “impede”)
(l) protect the privacy of health and rehabilitation information of
persons with disabilities on an equal basis;
(m) promote the involvement of persons with disabilities and their
organizations in the formulating of health and rehabilitation legislation
and policy as well as in the planning, delivery and evaluation of health
and rehabilitation services.
Draft Article 22
RIGHT TO WORK
States Parties recognize the right of 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 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 a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities;
(b) enable persons with disabilities to have effective access to general
technical and vocational guidance programs, recruitment
and placement services, assistive devices, technical aids
and vocational and continuing training;
(c) promote employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities
for self employment and starting one’s own business, and other
productive and labour alternatives as well as assistance in
creating, finding, obtaining and maintaining employment;
c.bis. Promote access to credit and the necessary technical
assistance to develop self-employment opportunities for persons with
disabilities
(d) encourage employers to hire persons with disabilities, such as
through affirmative action programs, avoiding discrimination
on the basis of the different types of disability incentives
and quotas;
(e) ensure the reasonable necessary accommodation
of persons with disabilities in the workplace and work environment;
(f) promote the acquisition by persons with disabilities of work
experience in the open labour market;
(g) promote technical and professional training programmes
vocational and professional rehabilitation, job retention and
return to work programs;
(h) protect through legislation 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, the redressing of grievances, health and
safety in the work and to ensure persons with disabilities
are able to exercise their labour and trade union rights;
(i) ensure that persons with disabilities have equal opportunity to
employment in the public sector and promote affimative action
programmes to facilitate access to work;
(j) promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market,
and to combat stereotypes and prejudices about persons with disabilities
in the workplace and the labour market.
Draft Article 23
ADEQUATE STANDARD OF LIVING AND SOCIAL SECURITY
1. States Parties recognise the right of all persons with disabilities
to an adequate standard of living for themselves and their families
and social security, including social insurance, and to the
enjoyment of these that rights
without discrimination on the basis of disability, and shall
take appropriate steps to safeguard and promote the realisation of these
this rights, including measures to:
(a) ensure access by persons with disabilities to necessary support
services, technical aids, devices and other assistance
for disability related needs;
(b) ensure access by persons with disabilities, particularly women
and girls with disabilities and the aged with disabilities, to social
security programmes and poverty reduction strategies, and to take into
account the needs and perspectives of persons with disabilities in all
such programmes and strategies;
(c) ensure access by persons with disabilities, in particular
with severe and multiple disabilities, and their families,
living in situations of poverty to assistance from the State to cover
disability related expenses (including adequate training, counselling,
financial assistance and respite care), which should not become a disincentive
to develop themselves;
(d) ensure that access by persons with disabilities to governmental
housing programs are developed in accordance with universal design
(e) ensure access by persons with disabilities to tax exemptions
and tax benefits in respect of their income;
(f) ensure that persons with disabilities are able to access life and
health insurance without discrimination on the basis of disability.
2. States Parties recognize the right of all persons with disabilities
to an adequate standard of living for themselves and their families,
including adequate food, clothing, housing and access to clean water,
and to the continuous improvement of living conditions, and will undertake
appropriate steps to safeguard and promote the realization of this right.
Draft Article 24
PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT
1. States Parties recognise the right of all persons with disabilities
to take part in cultural life, and shall take all appropriate measures
to ensure that persons with disabilities:
(a) have the opportunity to develop and utilise their creative, artistic
and intellectual potential, not only for their own benefit, but also
for the enrichment of their community;
(b) enjoy access to literature and other cultural materials in all
accessible formats, including in electronic text, sign language and
Braille, and in audio and multi media formats;
(c) enjoy access to television programmes, films, theatre, and other
cultural activities, in all accessible formats, including captioning
and sign language;
(d) have access to places for cultural performances
or services, such as theatres, museums, cinemas, libraries and the hospitality
industry, and enjoy such performances or services,
and, as far as possible, enjoy access to monuments and sites of national
cultural importance;
2. States Parties shall take all appropriate steps to ensure that laws
protecting intellectual property rights do not constitute an unreasonable
or discriminatory barrier to access by persons with disabilities to
cultural materials, while respecting the provisions of international
law.
3. States Parties recognize that deaf persons living under
their jurisdiction are entitled to their own specific cultural and linguistic
identity and shall take all appropriate measures to support this right.
4. States Parties recognise the right of persons with disabilities,
on an equal basis with others, to participate in recreational, leisure
and sporting activities, including tourism, and shall
take appropriate measures to:
(a) encourage and promote the participation, to the fullest extent
possible, of persons with disabilities in mainstream sporting
activities at regional, national and international levels;
(b) ensure that persons with disabilities have an opportunity to organise
and participate in sporting activities and to receive the appropriate
the same instruction, training and resources. in support.that
is available to other participants;
(c) ensure that persons with disabilities have access to the
physical environment for practicing sporting and recreational activities,
including facilities and venues for such practices.
(c bis) Ensure that persons with disabilities have access and
can enjoy touristic attractions
(c bis ii) Ensure that children with disabilities have equal
access to participating in sporting and recreational activities, including
those in the educational system;
(d) ensure that persons with disabilities have access to services
from those involved in the organisation of recreational, leisure and
sporting activities.
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