Proposals to the draft text - Israel

Israel Proposal: Draft Article 22 – Right to Work

Proposals

Paragraph (c) – Replace “promote” with “pursue active labour market policies with a view to promoting”

New paragraph (i) – Ensure that all employment protection laws and standards, including in relation to the minimum wage apply to all persons with disabilities working in the open labour market, any derogation from such laws and standards being made only in circumstances where derogation can clearly be shown to be justified.

New Article 22(2) –

a) States parties shall enact legislation on equality for persons with disabilities in employment, on the basis of Article 7 and containing the following provisions in particular:

1) prohibition on discrimination on the basis of disability in relation to all aspects of employment including recruitment, employment conditions, promotion, professional training, severance and retirement.
2) requirement of employers to make such reasonable accommodations as are necessary in order to facilitate the employment or continued employment of persons with disabilities and as are reasonable.
b) A reasonable accommodation means an accommodation which does not impose a burden which is disproportionate in the light of all the relevant circumstances, including the cost and size of the accommodation, the size and structure of the business, the scope of its operations, the number of employees, the make-up of the workforce and the existence of external or state funding for the purpose of carrying out accommodations.

c) Legislation adopted in accordance with this Paragraph shall also apply to family members of persons with disabilities and shall include effective sanctions enforcement and implementation mechanisms.

New 22(3) (Sheltered/Assisted employment)

a) States parties recognize that priority shall be given to the full integration of persons with disabilities in the open labour market and that employment of persons with disabilities outside the open labour market should be reduced to and maintained at the minimum level possible.
b) States parties shall enact legislation protecting the rights of persons with disabilities who are employed outside the open labour market, such legislation providing for the application of all the employment protection laws and standards applicable in the open labour market save where derogation from such laws and standards in strictly necessary.

Israeli Proposal for a New Draft Article 22: Right to Rehabilitation

We suggest separating the rehabilitation and health segments, with the following article as a starting point in discussion.

“Persons with disabilities have a right to a comprehensive psychosocial rehabilitation in order to enable them to reach and sustain their optimum level of functioning and self expression and to live an independent life of their choice in their preferred community. Rehabilitation shall be understood as including habilitation and rehabilitation. Toward this end States parties undertake:

1. To maintain and develop a comprehensive and integrated range of functional rehabilitation services including occupational, vocational, housing, recreational, educational, and associated assistive technology and management and a self-supportive system, and to ensure that such rehabilitation is in alignment and continuity with medical and paramedical rehabilitation.

2. Take steps to ensure that information with respect to rehabilitation services and procedures are widely available and accessible to all persons with disabilities and, when appropriate, to their families.

3. To ensure that access to such services will be open to all persons with disabilities
without discrimination of any kind, and particularly without regard to the kind or severity of the disability.

4. To take steps to ensure that the specific rehabilitation needs of women, girls,
children, the elderly, and family members of persons with disabilities are appropriately addressed in order to ensure respect for their dignity and particular needs.

5. To base the design of rehabilitation programs on the actual needs of the person concerned, through a process of individualized comprehensive assessment and intervention and, towards this end, to actively involve the person in the design, organization, and periodic review of their program.

6. To prohibit the imposition of any program of rehabilitation against the wishes of
the person concerned.

7. To take steps to ensure that rehabilitation programs are available locally in the
individual’s own community in order to ensure that the rehabilitation process creates a meaningful and practical pathway into a life of full participation and inclusion, in accordance with personal choice and opportunities.

8. To involve persons with disabilities and their representative organizations in policy decision-making, the concrete rehabilitation process, and the evaluation of rehabilitation outcomes.

9. To ensure that all personnel involved in rehabilitation are sensitized to the rights
and needs of persons with disabilities, and to ensure that their objective is to make the full inclusion of people with disabilities possible.”

ISRAEL’S PROPOSAL - ARTICLE 25:
INTERNATIONAL AND NATIONAL MONITORING

25. Establishment of Committee

1. For the purpose of reviewing this implementation by States Parties of this Convention, there shall be established a Committee on the Rights of Persons with Disabilities (hereinafter referred to as “the Committee”) which shall carry out the functions hereinafter provided.
2. The Committee shall consist, at the time of entry into force of this Convention, of 12 independent experts serving in their personal capacity, of high moral standing and impartiality, holding no position which compromises the appearance of independence and impartiality expected of the Committee, and shall have a recognized competence in the field covered by the Convention. Thereafter, for every additional twenty-five ratifications of this Convention, the membership shall increase by 2 members, until the composition of the Committee attains a maximum number of 20 members. This Committee, in its overall composition, shall:
a. Include members with disabilities, reflecting the entire spectrum of the various disabilities, who shall form the majority of the committee
b. Comprise an equal number of women and men members;
c. Reflect equitable geographic distribution; and
d. Reflect representation of the principal legal systems.
3. Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties.
4. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.
5. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year.
At least four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.
6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which tow thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.
7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;
8. The members of the Committee shall be eligible for re-election if re-nominated, but no person may serve more than two full terms on the Committee.
9. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.

26. Administration of the Committee

1. The Committee shall elect its officers for a period of two years. The Chair of the Committee shall be a person with a disability.
2. The Committee shall adopt its own rules of procedure.
3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting per year for a period of three weeks.
4. The meetings of the Committee shall be held at United Nations Headquarters and on a rotational basis at the offices of the regional commissions of the United Nations.
5. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
6. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.
7. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

27. Reporting by States Parties

1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.
2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.
3. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared in consultation with non-governmental organizations with competence in the field, including organizations of persons with disabilities.
4. The Committee shall adopt any further guidelines relating to the content of the reports, which it considers appropriate.
5. A State Party which has submitted a comprehensive initial report to the Committee need not in its subsequent reports submitted in accordance with this article repeat basic information previously provided.
6. States Parties shall make a draft of their reports widely available to the public in their own country in local languages and accessible formats 6 months prior to the finalization of the report and its submission to the Secretary-General.
7. States Parties shall make their reports widely available to the public in their own countries in local languages and in accessible formats as soon as possible after the State Party has submitted its report to the Secretary-General.

28. Consideration of Reports

1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.
2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.
3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.
4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.
5. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties. Such reports shall be made available in accessible formats.
6. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.
7. Non States Parties may, on a voluntary basis, provide reports to the Committee for consideration.

29. Relationship between the Convention and Other Bodies

In order to foster the effective implementation of the Convention, to encourage coordination among relevant stakeholders and to encourage international cooperation in the field covered by the Convention:

1. The Committee shall request the specialized agencies, organs, special and thematic rapporteurs, of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.
2. The Committee shall invite representatives of specialized agencies, organs, special and thematic rapporteurs of the United Nations, as well as of intergovernmental organizations to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.
3. The Committee shall seek, as relevant, technical assistance from the specialized agencies, organs, special and thematic rapporteurs of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.
4. The Committee may recommend areas of cooperation among States Parties and other competent bodies that will facilitate the implementation of this Convention. To this end, the Committee shall make its recommendations to the Secretary-General of the United Nations.
5. The Committee shall invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.

30. Relationship between Committee and National Mechanisms

In regard to the national mechanisms, the Committee shall:

1. Advise and assist States Parties, when necessary, in their establishment;
2. Maintain direct, if necessary confidential, contact with the national mechanisms and offer them training and technical assistance with a view to strengthening their capacities;
3. Advise and assist them in the evaluation of the needs and the means necessary to strengthen the protection of persons with disabilities;
4. Make recommendations and observations to the States Parties with a view to strengthening the capacity and the mandate of the national mechanisms for the promotion and protection of the rights of persons with disabilities;
5. Cooperate, for the promotion and protection of the rights of persons with disabilities in general, with the relevant United Nations organs and mechanisms as well as with the international, regional and national institutions or organizations working toward the strengthening of the rights of persons with disabilities.

31. National Human Rights Institution

1. Each State Party shall maintain, designate or establish within one year after the entry into force of this Convention of its ratification or accession, an independent national human rights institution for the promotion and protection of the rights of person with disabilities at the domestic level. Where an independent national human rights institution already exists in the State Party, its mandate shall be extended to comply with this convention and the provisions of this article shall apply with the necessary changes.
2. The States Parties shall guarantee the functional and financial independence of the national human rights institution as well as the independence of their personnel including by way of earmarked funding from the state budget.
3. The States Parties shall ensure that the composition of the national human rights institution includes majority representation of persons with disabilities, reflecting the entire spectrum of disabilities. They shall strive for a gender balance and the adequate representation of national, ethnic and minority groups.
4. States parties shall establish an advisory committee of the national human rights institution, which will include a majority of people with disabilities, reflecting the entire spectrum of disabilities. The Committee shall also include professionals, legal experts and public representatives. The Chairperson of the Committee shall be a person with disabilities.
5. The States Parties undertake to make available the necessary resources for the independent functioning of the national human rights institution.
6. The establishment, composition and operation of the national human rights institution shall be in compliance with the Principles relating to the State and Functioning of National Institutions for Protection and Promotion of Human Rights (the “Paris Principles”).
7. The competent authorities of the State Party concerned shall examine the recommendations of the national human rights institution and participate in dialogue with the body on measures taken to implement the provisions of this convention.
8. The national human rights institution shall be granted, at a minimum, the powers and functions to:
a. Make recommendations to the relevant authorities with the aim of improving the promotion and protection of the rights of persons with disabilities based on the obligations contained in this Convention and other relevant international norms;
b. Submit proposals and observations concerning existing or draft legislation.
c. Establish contact with the Committee, to submit information to the Committee and to meet with the Committee.
d. Conduct public awareness raising and other advocacy activities for the promotion of the rights and obligations included in the Convention.
e. Promote cooperation on issues related to the implementation of the Convention between all relevant bodies and stakeholders on the national and international level, including government ministries, state-funded bodies, local authorities, the private and voluntary sectors, the relevant non-governmental organizations, non-governmental organizations of people with disabilities, specialized agencies, and UN bodies.
f. Publish guidelines concerning all matters which are the subject of the Convention.
g. Identify the special needs of persons with disabilities and the selection of the most effective and appropriate ways to respond to these needs, including the initiation, commissioning and encouragement of research.
h. Promote the establishment of data bases in relation to persons with disabilities.
i. Advise persons with disabilities of their rights.
j. Submit an annual national report on the implementation of the rights of persons with disabilities in the State Party concerned.
k. Investigate complaints by persons with disabilities and initiate investigations as to infringements of the rights of persons with disabilities.
l. Conduct mediation, arbitration and other action designed to settled disputes regarding the rights of persons with disabilities.
m. File legal actions in the courts and national tribunals in the Commission’s name and in the name of persons with disabilities with a view to protecting and implementing the rights of persons with disabilities.
n. Issue directions and orders with a view to protecting and implementing the rights of persons with disabilities.