Proposed changes to draft text - Kenya

The Kenyan delegation proposes the following changes and additions to the draft International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities

PREAMBLE

Insert the following paragraphs:

Recognising that many persons with disabilities suffer double or multiple discrimination because of their status as children, women, refugees or internally displaced, older persons, people living in rural areas and people living in informal settlements.

Noting with concern that there exists, in various parts of the world, harmful cultural practices and beliefs that have continued to impact negatively on the rights of persons with disabilities.

Recognising that HIV/AIDS impacts negatively on persons with disabilities in all spheres of life.

Draft Article 2
GENERAL PRINCIPLES

Insert the following paragraphs:

affirmative action to correct disadvantage occasioned by disability.

the indivisibility and interdependence of rights as they relate to persons with disabilities

the progressive realisation of economic, social and cultural rights

Draft Article 3
DEFINITIONS

Insert the following paragraph:

Disability means ‘A physical, sensory, psychiatric or intellectual impairment or combination of any of those impairments (whether permanent or temporary, provided that it lasts for a significant period of time), that limits the capacity to perform one or more essential activities of daily life, and which can be caused or aggravated by the economic and social environment.’

Draft Article 4
GENERAL OBLIGATIONS

Insert the phrase ‘including specific allocation of resources to satisfy obligations towards persons with disabilities’ in 1 (c) after the word ‘programmes’ so that it reads -
(c) to mainstream disability issues into all economic and social development policies and programmes including specific allocation of resources to satisfy obligations towards persons with disabilities;
Insert the following new paragraphs in 1 after paragraph (f).
to establish credible and effective structures to oversee implementation and monitoring;
to ensure a barrier free society through the establishment of an effective enabling environment;
to provide particular protection and support for persons with disabilities who are vulnerable on account of situations such as conflict and natural disasters or because of their status as children, women and persons living with HIV/AIDS.

Draft Article 5
PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES

Insert the following paragraph after paragraph 1(b)

Combat practices whether cultural religious or other which discriminate persons with disabilities.

Draft Article 7
EQUALITY AND NON-DISCRIMINATION

Insert the word ‘health’ between the word ‘age’ and ‘or’ in 1 so that it reads:
1. States Parties recognise that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. States Parties shall prohibit any discrimination on the basis of disability, and guarantee to all persons with disabilities equal and effective protection against discrimination. States Parties shall also prohibit any discrimination and guarantee to all persons with disabilities equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, source or type of disability, age, health or any other status.
Insert the phrase ‘consistent with international human rights law’ after the word ‘necessary’ in 3 so that it reads:
3. Discrimination does not include a provision, criterion or practice that is objectively and demonstrably justified by the State Party by a legitimate aim and the means of achieving that aim are reasonable and necessary and consistent with international human rights law;
Delete the phrase ‘unless such measures would impose a disproportionate burden’ in 4 after the word ‘freedoms’ so that it reads:
4. In order to secure the right to equality for persons with disabilities, states parties undertake to take all appropriate steps, including by legislation, to provide reasonable accommodation, defined as necessary and appropriate modification and adjustments to guarantee to persons with disabilities the enjoyment or exercise on an equal footing of all human rights and fundamental freedoms.

Draft Article 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

Insert the phrase ’use or otherwise dispose of’ between the words ’inherit’ and ‘property’ in (e) so that it reads:

(e) take all appropriate and effective measures to ensure the equal right of persons with disabilities to own, inherit, use or otherwise dispose of property, to control their own financial affairs, and to have equal access to bank loans, mortgage and other forms of financial credit;

Draft Article 12
FREEDOM FROM VIOLENCE AND ABUSE

Insert the phrase ‘sexual harassment’ in 1 between the words ‘including’ and ‘sexual’ so that it reads:

1. States Parties recognise 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 harassment, sexual exploitation and abuse. States Parties shall, therefore, take all appropriate legislative, administrative, social, educational and other measures to protect persons with 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.

Insert the following new paragraph after paragraph 2:

States Parties recognise that armed conflicts particularly undermine the freedom from violence and abuse of persons with disabilities. States Parties shall, therefore, take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities from armed conflict.

Insert the phrase ‘including armed conflict’ between the words ‘violence’ and ‘injury’, and insert the word ‘harassment’ between the words ‘sexual’ and ‘exploitation’ in 3 so that it reads:

3. States Parties shall also take all appropriate measures to prevent violence, including armed conflict, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual harassment, exploitation and abuse, by ensuring, inter alia, support for persons with disabilities and their families, including the provision of information.

Insert the word ‘harassment’ between the words ‘sexual’ and ‘exploitation’ in 4 so that it reads:

4. 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 harassment, exploitation and abuse.

Insert the phrase ‘including violence arising from armed conflict’ between the words ‘violence’ and ‘injury’ and the word ‘harassment’ between the words ‘sexual’ and ‘exploitation’ in 5 so that it reads:

5. Where persons with disabilities are the victim of any form of violence including violence arising from armed conflict, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual harassment, exploitation and abuse, States Parties shall take all appropriate measures to promote their physical and psychological recovery and social reintegration.

Draft Article 14
RESPECT FOR PRIVACY, THE HOME AND THE FAMILY

Insert the phrase ‘communication including’ between the words ‘family’ and ‘correspondence’ in 1 so that it reads:

1. Persons with disabilities, including those living in institutions, shall not be subjected to arbitrary or unlawful interference with their privacy, and shall have the right to the protection of the law against such interference. States Parties to this Convention shall take effective measures to protect the privacy of the home, family, communication including correspondence and medical records of persons with disabilities and their choice to take decisions on personal matters.

Insert the phrase ‘including protection against non-consensual sterilisation’ between the words ‘persons’ and ‘and’ in 2 (c) so that it reads:

2. (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, including protection against non-consensual sterilisation and to have access to information, reproductive and family planning education, and the means necessary to enable them to exercise these rights;

Draft Article 17
EDUCATION

Substitute the word ‘children’ with ‘person’ in 1 so that it reads:
1. States Parties recognise the right of all persons with disabilities to education. With a view to achieving this right progressively and on the basis of equal opportunity, the education of children person with disabilities shall be directed to:
Substitute the word ‘child’s’ with ‘person’s’ in 1(c) so that it reads:
(c) the development of the child’s person’s personality, talents and mental and physical abilities to their fullest potential;
Substitute the word ‘child’ with ‘person’ in 1(d) so that it reads:
(d) take into account the best interests of the child person, in particular by individualising education plans;
Insert the phrase ‘professional training’ between the words ‘training’ and ‘adult’ in 5 so that it reads:
5. States Parties shall ensure that persons with disabilities may access general tertiary education, vocational training, professional training, adult education and lifelong learning on an equal basis with others. To that end, States Parties shall render appropriate assistance to persons with disabilities.

Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE

Insert the phrase ‘are secure’ in (a) after (a) (i) so that it reads:
States Parties recognise the political rights of persons with disabilities, without discrimination, and undertake to:
(a) actively promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives, including the right and opportunity of citizens with disabilities to vote and be elected, and by ensuring that voting procedures and facilities:
(i) are appropriate, accessible and easy to understand;
(ii) are secure
(ii) protect the right of citizens with disabilities to vote by secret ballot; and
(iii) allow, where necessary, the provision of assistance in voting to citizens with disabilities;

Draft Article 19
ACCESSIBILITY

Substitute the word ‘appropriate’ with the word ‘progressive’ in 1 so that it reads:

1. States Parties to this Convention shall take appropriate progressive measures to identify and eliminate obstacles, and to ensure accessibility for persons with disabilities to the built environment, to transportation, to information and communications, including information and communications technologies, and to other services, in order to ensure the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. The focus of these measures shall include, inter alia:

Delete the word public between the word ‘of’ and ‘building’ and insert the phrase ‘intended for use by the public’ between the word ‘buildings’ and the word ‘roads’ and delete the phrase ’publicly owned’ between ‘and’ and ‘workplaces’ in 1 (a) so that it reads:

(a) the construction and renovation of public buildings intended for use by the public, roads and other facilities for public use including schools, housing, medical facilities, in door and out-door facilities and publicly owned workplaces;
2. States Parties shall also take appropriate measures to:
Delete the word public between the word ‘in’ and ‘buildings’ and insert the phrase ‘intended for use by the public’ between the word ‘facilities’ and ‘signage’ in 2 (a) so that it reads:
(a) provide in public buildings and facilities intended for use by the public, signage in Braille and easy to read and understand forms;
Delete the word public between the word ‘to’ and ‘buildings’ and insert the phrase ‘intended for use by the public’ after the word ‘facilities’ in 2 (b) so that it reads:
(b) provide other forms of live assistance and intermediaries, including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities intended for use by the public;
Delete the word public between the word ‘of’ and ‘facilities’ and insert the phrase ‘intended for use by the public’ after the word ‘services’ in 2 (c) so that it reads:
(c) develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of public facilities and services intended for use by the public;
Delete the word public between the word ‘provide’ and ‘facilities’ and insert the phrase ‘intended for use by the public’ between the word ‘services’ and the word ‘to’ in 2 (d) so that it reads:
(d) encourage private entities that provide public facilities and services intended for use by the public, to take into account all aspects of accessibility for persons with disabilities;

Draft Article 20
PERSONAL MOBILITY

Substitute the word ‘effective’ with the word ‘progressive’ so that it reads:

States Parties to this Convention shall take effective progressive measures to ensure liberty of movement with the greatest possible independence for persons with disabilities, including:

Draft Article 23
SOCIAL SUPPORT SECURITY AND AN ADEQUATE STANDARD OF LIVING

Substitute the word ‘security’ with the word ‘support’ between the word ‘social’ and the word ‘including’ in 1so that it reads:

1. States Parties recognise the right of all persons with disabilities to social security support, including social insurance, and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

Delete the word ‘severe’ between ‘with’ and ‘and’, the phrase ‘multiple disabilities’ between the word ‘and’ and ‘and’ and the phrase ‘living in situations of poverty’ between the word ‘families’ and ‘to’ and insert the word ‘disabilities’ between the word ‘with’ and the word ‘and’ and the phrase ‘to the extent of such persons’ disabilities’ between the word ‘families’ and the word ‘living’ in 1 (c) so that it reads:

(c) ensure access by persons with disabilities and their families, to the extent of such persons’ disabilities 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;
Insert the phrase ‘equipment and assistive devices for persons with disabilities and’ between the word ‘of’ and the word ‘their’ in 1 (e) so that it reads:
(e) ensure access by persons with disabilities to tax exemptions and tax benefits in respect of equipment and assistive devices for persons with disabilities and their income;

Draft Article 24
Participation in Cultural Life, (Religious – Kenya) Recreation, Leisure and Sport

3. bis States Parties recognize the fundamental right of persons with disabilities to practice a religion of their choice and shall take all appropriate measures to ensure that persons with disabilities:

a. enjoy the opportunity to develop their spirituality and practice their faith;

b. have access to houses of worship, shrines and sites of religious importance;

c. can belong to a community of believers and participate fully in the life of the congregation and in the rites, ceremonies and sacraments that are part of worship;

d. have access to appropriate religious education and receive instruction in the format that best suits their needs;

e. will be protected from religious abuse, exploitation and coercion.

Draft Article 25
MONITORING

Replace the word ‘Monitoring’ with the Phrase ‘National Implementation Framework’ in the title of the article.

Insert this new article after article 25

MONITORING

For the purpose of examining the progress made by the States Parties in achieving the realization of the obligations undertaken in the present convention and especially to end all discrimination against persons with disabilities and to guarantee full respect of their human rights, there shall be established a Committee on the Rights of Persons with Disabilities, which shall carry out the function hereinafter provided.

The Committee shall consist of 12 disability experts of high moral standing and recognized competence. The members of the committee shall be elected by the States Parties from among their most prominent national leaders of organizations of disabled persons, scholars and scientists and shall serve in their personal capacity, consideration being given to gender and equitable geographical distribution as well as to various kinds of impairment.

The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.

The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter 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 the States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties, which have nominated them, and shall submit it to the States Parties, which have nominated them, and shall submit it to the States Parties to the present Convention.

The elections shall be held at meetings of the States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two-thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

The members of the Committee shall be elected for at term of four years. They shall be eligible for re-election if re-nominated. The term of 6 of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these 6 members shall be chosen by lot by the Chairman of the meeting.

If a member of the Committee dies or resigns or for any other cause can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.

The Committee shall establish its own rules of procedure.

The Committee shall elect its officers for a period of two years.

The meetings of the Committee shall normally be held at the United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.

ADDITIONAL PROPOSALS

On issues of technology:

States Parties that are technologically advanced shall collaborate with those that are less technologically advanced with a view to enabling them access the required technology for persons with disabilities.