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Joint Council for the Physically and
Mentally Disabled - Hong Kong
Recommendations on the Draft Comprehensive and Integral International
Convention on the Protection and Promotion of the Rights and Dignity
of Persons with Disabilities
A submission to United Nations Ad Hoc Committee established by UN
General Assembly resolution 56/168,
from Joint Council for the Physically and Mentally Disabled / Hong Kong
Council of Social Service, Hong Kong Special Administrative Region
May 2004
About Joint Council for the Physically and Mentally Disabled
(Joint Council)
Joint Council is the main coordinating body of practically all NGOs
of and for people with disabilities in Hong Kong SAR, China. It is a
full member of Rehabilitation International which has a consultative
status with UN. Joint Council is also an integral partner of Hong Kong
Council of Social Service which has a consultative status with UNESCAP
since 2003. Joint Council has intensive and extensive experiences in
disability work for many decades in Hong Kong, and also in the world.
It is one of the most active players in regional disability movements,
and a staunch supporter for the first and second Asian and Pacific Decade
of Disabled Persons, and the Biwako Millennium Framework.
Hong Kong Situation and the new Convention
Hong Kong SAR, China is a metropolitan city with a population of 6.8
million, and an estimated number of 450,000 people with disabilities.
It has in place a comprehensive rehabilitation programme plan, a disability
specific legislation (the Disability Discrimination Ordinance), and
a range of legislative measures concerning people with disabilities.
The Basic Law of Hong Kong has incorporated the International Convention
on Civil and Political Rights, the International Convention on Economic,
Social and Cultural Rights, and the Convention on the Elimination of
all forms of Discrimination Against Women. Moreover, self-help organizations
of persons with disabilities are being increasingly recognized and involved
in policy making in Hong Kong. In spite of these measures, the rights
based approach is still far from firmly rooted in the society, and social
discrimination against people with disabilities is frequently reported.
The new convention will ensure GOs to adopt a rights based approach
to protect and promote full and effective participation in multi-track
approach to the fulfillment of the human rights of persons with disabilities
and the achievement of the goals of human and social development.
Concerns toward the Draft Convention
1. Promotion of Positive attitudes to persons with disabilities
The attitude of the public toward persons with disabilities is the
key factor in making the society to recognize and respect the rights
of persons with disabilities. In shaping the image of persons with disabilities,
mass media plays an important role and creates much influence to the
public. We agree that the draft Convention shall encourage “all organs
of the media to project an image of persons with disabilities consistent
with the purpose of this Convention.” However we are of the opinion
that more affirmative measures should be adopted other than only relying
on the self-discipline of mass media.
2. Accessibility and Personal Mobility
Accessibility to built environment, transportation and information
technology is very crucial for people with disabilities to full participation
in the society. Apart from public buildings and facilities, we propose
that private buildings and facilities intended to be used by the public
should also be covered by the obligations in the draft Convention. Moreover,
it is necessary to clearly define some key words such as “appropriate”,
“easy-to-read-and-understand forms” in the draft Convention. Choices
and equal opportunities should be emphasized in the formulation of related
policies, rather than just providing only one choice to people with
disabilities. It is also found that measures to ensure the accessibility
of information and communication technologies for people with disabilities
as proposed in the draft Convention are not emphasized enough.
3. Right to Work
Employment is important for people with disabilities to be able to
gain a living by themselves. However, the unemployment rate of people
with disabilities is still much higher than that of the whole population
in Hong Kong and other parts of the globe, especially in those developing
and third world countries. We suggest that the new Convention should
protect the right to work of people with disabilities by proposing affirmative
policies such as introduction of quota system through legislation, ensuring
enough supports and accommodations to be provided in workplaces, etc.
Moreover, vocational rehabilitation services should also be provided
for those not suitable for open employment.
4. Education
In general, mainstream education should be made available for people
with disabilities. In many places, special schools still exist, but
people with disabilities should enjoy their rights and have the chances
to choose mainstream schools. We suggest adults, other than children,
both with and without disabilities, may enjoy the rights to education.
The quality of education for people with disabilities should be ensured
as good as that for their non-disabled peers such that their personality,
talents and abilities can be developed to the fullest potential.
5. Women with disabilities
We are disappointed that the issues of women with disabilities are
not covered in the draft Convention. As discrimination against women
can still be found in many countries, women with disabilities are always
under double discrimination and the Convention should respond to this
concern. We strongly recommend that women with disabilities must be
ensured to be free from any violence and abuse, particularly women with
learning disabilities as they are the most vulnerable group in protecting
themselves. The social factors in causing violence and abuse should
also be recognized and addressed in the Convention.
Submitted by:
Delegation of Joint Council for the Physically and Mentally Disabled
/ Hong Kong Council of Social Service:
Dr. Joseph Kwok (ssjk@cityu.edu.hk), Dr. Karen Ling (scngai@cityu.edu.hk)
Mr. Lee Koon Hung (info@rehaballiance.org.hk), Mr. Hung Herry (info@rehaballiance.org.hk)
Mr. Simon Wu (chair@rehaballiance.org.hk), Mr. Kuo Chun Chuen (cc.kuo@hkcss.org.hk)
Contact person of Joint Council for the Physically and Mentally Disabled:
Mr. Philip Yuen, Chief Rehabilitation Officer, Email: philip.yuen@hkcss.org.hk
Joint Council for the Physically and Mentally Disabled Hong Kong /
Hong Kong Council of Social Service
12/F., Duke of Windsor Social Building, 15 Hennessy Road, Wanchai, Hong
Kong, China
Tel: (852)-2864 2931, Fax: (852)-2864-2962, Email: rh@hkcss.org.hk,
Web site: www.hkcss.org.hk
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