India proposals to the draft text

Article 4 on General Obligations

New 4(e) bis: Discrimination does not include provisions, criteria or practices that are objectivity and demonstratively justified by the State Party by a legitimate aim and where the means of achieving that aim are reasonable and necessary.

New 4(f) bis: In relation to the economic, social and cultural rights of this Convention, States Parties undertake to give immediate effect to those aspects of those rights which are capable of immediate implementation (including, but not limited to obligation of non-discrimination in the enjoyment of those rights) and in relation to other aspects of those rights, progressively the full realization of those rights by all appropriate means.

2. In the development and implementation of policies and legislation to implement this Convention, States Parties shall do so in consultation with persons with disabilities (their families – new) and their representative organizations.

Article-6

India had supported the proposal to include collection of statistics as a tool for evaluation and monitoring and not as a separate article.

Article-8

State parties shall ensure to the maximum extent possible to survival and development of persons with disability (this has been reflected in the compilation text distributed during the Convention but not reflected in the copy of the country-wise proposal to the draft text).

Article-9

In clause (d) the insertion of the world ‘Endeavour to’ before “ensure” and to delete the portion “as well as to enter into binding agreements and contract to sign documents and act as witness”. (Reflected in the compilation text but not in the compilation of country-wise proposals).

Clause-g(new)

The State must protect the interest of persons with disability who cannot exercise their legal capacity in reduced/temporarily reduced situations. In exceptional circumstances without legal safeguards are necessary, the appointment of third parties as legal guardians/surrogate may be made in the best interest of persons with disability (Reflected in compilation text but not in the country text).

Articles 11 and 12 (merged)
Freedom from Torture, Degrading Treatment, Violence and Abuse

1. States Parties shall take all effective legislative, administrative, judicial, or other appropriate measures to prevent persons with disabilities from being subjected to torture or cruel, inhuman or degrading treatment or punishment and violence and abuse.

2. In particular, States Parties shall prohibit, and protect persons with disabilities from medical or scientific experimentation without the free and informed consent of the person concerned, and shall protect persons with disabilities from forced interventions or forced institutionalization aimed at correcting, improving or alleviating any actual or perceived impairment. In instances of reduced or temporarily reduced capacity to give this consent, appropriate objective, neutral legal procedure and safeguards should be provided in the best interests of persons with disabilities and legal guardians/surrogate’s consent should be obtained where third party interests are concerned/harmed.

3. States Parties recognize that persons with disabilities are at greater risk, both within and outside the home, of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual exploitation and abuse. States Parties shall therefore take all appropriate legislative, administrative, social, educational and other measures to protect persons from disabilities, both within and outside the home, from all forms of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual exploitation and abuse.

4. States Parties shall also take all appropriate measures to prevent violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation and abuse, especially against children and women with disabilities, by taking measures, inter alia, for providing support for persons with disabilities and their families, including the provision of information and other appropriate forms of assistance and support. In such cases, States Parties shall take all appropriate measures to promote their physical and psychological recovery and reintegration into communities.

5. States Parties shall ensure that all facilities and programmes, both public and private, where persons with disabilities are placed together, separate from others, are effectively monitored to prevent the occurrence of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual exploitation and abuse.

6. States parties shall endeavour to ensure the identification, reporting, referral, investigation, treatment and follow-up of instances of violence and abuse. The provision of protection services, and where necessary, access to judicial interventions should also be made available.

Article-13

Suggested change in the Title – Right of access to information “and to promote facility of expression”.

Article 16
Children with Disabilities

1. States Parties ~~undertake~~ shall endeavour to ensure that each child with disability within their jurisdiction shall enjoy, without discrimination of any kind on the basis of disability, the same rights and fundamental freedoms as other children.

3(a)alt Provision of early detection, early referral and early intervention services, including counselling for parents.

5bis States Parties recognize the vulnerability of children to sexual abuse and exploitation and shall endeavour to ensure their protection.

5ter States Parties recognise that the child, for the full and harmonious development of his or her personality, should grow up in a family environment. In the case of destitute or orphaned children, it shall be the duty of the State to make provision for adoption or legal guardianship as per prevalent laws, as also for respite and residential care, as appropriate.

5quart States Parties shall respect the rights and duties of parents and, when applicable, legal guardians to provide direction to the child in the exercise of his or her rights in a manner consistent with the evolving capacities of the child.

5sext States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate information in the field of health care, preventive health care, including dissemination of and access to, information concerning methods of rehabilitation, education, vocational training and services with the aim of enabling States Parties to improve their capabilities, skills, human resource development and research, in order to widen their experience in all these areas of expertise. In this regard, particular account shall be taken of the needs of developing countries.

Article -17(5bis)

The State shall provide for functional education to persons with severe, intellectual and multiple disabilities on a continued basis (again part of the compilation text but not in the country text).

Article 21

Deletion of the following:

- “and rehabilitation services” from the chapeau and from (a), (b), (c) and (d)

- “and rehabilitation professionals” from (g) and (h)

- “rehabilitation facilities” from (k)

- “and rehabilitation information” from (i)

- “and rehabilitation legislation” from (m)

- Article 21(e)

Article 21bis
Right to Rehabilitation

1. States Parties recognize that rehabilitation is a prerequisite for the equalization of opportunities and the full inclusion of persons with disabilities. To that end, States Parties shall endeavour to ensure:

(a) access to a continuum of rehabilitation services, including, inter alia, physiotherapy, occupational therapy, speech language and communication therapy, psychosocial counselling and therapies.;

(b) these services are provided, to the extent possible, close to the communities in which persons with disabilities live;

(d) the production, usage and monitoring of good quality assistive devices at affordable prices, and the promotion of research and development of the same [removal of this clause from article 19(e) and 20(c)];

(e) availability of programmes and services to prevent and protect against secondary disabilities;

(f) active involvement of persons with disabilities and their families in matters of rehabilitation plans and policies;

Article-23

The interventions made on the last day have not been included in the compilation text.