Proposals to the draft text - Mexico

Article 6: Statistics and data collection

In order to formulate and implement appropriate regulations and policies to protect and promote the rights of persons with disabilities, States Parties should encourage actions for the collection, compilation, analysis and dissemination codification of statistics on persons with disabilities and information on disabilities and their surroundings, and on the effective enjoyment of human rights by persons with disabilities. The process of collection collecting and preservation maintaining this information should:

(a) Respect the right to privacy, the dignity and the rights of persons with disabilities. Therefore, and the collection of disability statistics information collected from persons with disabilities should be done with the consent of persons with disabilities on a voluntary basis;

(b) Be kept only in a statistical format without identifying individuals and should be kept secure to prevent unauthorized access or misuse of information;

(b) Adhere to ethic regulations and principles regarding respect of anonymity and confidentiality, as well as the use of the disability statistics for social awareness;

(c) The governmental authorities responsible for statistics in the States Parties shall ensure that the design and implementation of data collection is done in partnership with persons with disabilities, their representative organizations and all other interested relevant stakeholders;

(d) Be disaggregated Disaggregate the data according to the purpose of the collection of statistics information, and should include at least, information about age, sex and type of disability;

(e) Include detailed information on their access to public services, rehabilitation programmes, education, housing and employment, as well as the barriers faced by persons with disabilities to exercise their rights;

(f) Adhere to established ethics regarding respect for anonymity and confidentiality in the collection of statistics and data.

(f) Establish regulations and mechanisms to safeguard disability statistics and ensure their adequate use;

(g) State Parties shall assume the responsibility for the dissemination of disability statistics and ensure its accessibility to all interested stakeholders.

Comments on Article 10 Liberty and security of the person

Para 2.a. – Mexico wants the Spanish version to say “inherente” (inherent) instead of the current “inmanente”.

Para 2.d. – Mexico supports to move current para 2.d as a separate paragraph. It should start as follows:
New para 3. to be placed at the end of the article

3. The States Parties shall assure to persons with disabilities within the jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any unlawful deprivation of liberty which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffer as a result of such acts.

(Based on article 6 of CERD (this can be included as a specific provision for this article or as a general provision for reparations against all acts contrary to this Convention))

New para 4. to be placed at the end of the article –

4. The States Parties shall commit to make a thorough revision of their legal frame, in criminal and civil matters as well as in execution of sentences, in order to take into consideration the different types of disabilities and adapt their legal frame to guarantee the respect of the human rights of the persons with disabilities who are deprived of their freedom for the commission of a crime.

Art. 11 - Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment
May 26th, 2004

New paragraph.

3. In order to monitor living conditions and facilities of places where persons with disabilities are placed, international instruments shall be applied, as appropriate including, the Optional Protocol of the Convention against Torture, for the realization visits by national or international bodies to detention centers.

Mexican revised proposal to Art. 12 Protection against violence and abuse
May 27th, 2004

1. State Parties recognize that persons with disabilities are at greater risk, both within or outside the home, of abandonment, violence, injury or mental or physical abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual and economic exploitation and abuse.

2. Therefore, State Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities and to prevent these forms of violence and abuse, by ensuring, inter alia, the provision of information.

3. Measures should also prohibit and protect persons with disabilities from, forced interventions or forced institutionalization aimed at correcting, improving or alleviating any actual or perceived impairment. and abduction.

4. Where persons with disabilities are victims of any form of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual exploitation and abuse, Where persons are the victims of any form of violence , injury or abuse, State Parties shall take all appropriate measures to promote the physical and psychological recovery and social reintegration of persons with disabilities victims of any form of violence and abuse and shall guarantee judicial involvement when appropriate. Such recovery and social reintegration shall take place in an environment which foster self respect and autonomy of persons with disabilities XXXX- New Zeland)

5. States Parties shall ensure the identification, reporting, referral and investigation, prosecution and follow-up of instances of violence and abuse, and the provision of protection services and, as appropriate, judicial involvement.

6. States Parties shall ensure that all facilities and programmes, public and private, where persons with disabilities are placed, are effectively monitored, in coordination with civil society, of these forms of violence and abuse.

Mexican proposals to Article 14
Respect for privacy, the home and the family

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, different kinds of communications and medical records of persons with disabilities and their choice to take decisions on personal matters.

2. States Parties to this Convention shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to their private life, including family relations and marriage, 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 relationships, and experience parenthood;
(b) The right of all men and women with disabilities who are of marriageable age to marry on the basis of free and full consent of the intending spouses, and to found a family;
(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. States parties shall also ensure that persons with disabilities are not subject to forced sterilization;
(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 with disabilities on the basis either directly or indirectly of their disability. 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;
(f) The promotion of awareness and the provision of information aimed at changing negative perceptions and social prejudices towards sexuality, marriage and parenthood of persons with disabilities.

Mexican Proposal - Article 16 -Children with disabilities

1. States Parties undertake to ensure that each child with a 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.

2. States Parties recognize that children with disabilities should enjoy a full and decent life, in conditions that ensure dignity, promote self-reliance and autonomy, and facilitate the child’s active participation in the community.

3. States Parties recognize the right of children with disabilities to inclusive care, which shall include:
(a) Early provision of appropriate and comprehensive services, including early detection and pre-natal care;
(b) The extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child.

4. Recognizing the needs of children with disabilities, assistance extended in accordance with paragraph 3 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child and shall be designed to ensure that a child with a disability has effective access to and receives education, training, health-care services, comprehensive habilitation and rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.

5. States Parties shall create the necessary mechanisms to provide adequate advice and information to children with disabilities, their parents, or, where applicable, legal guardians or other persons legally responsible for the child, on the full exercise of all human rights and fundamental freedoms by children with disabilities, in a manner consistent with the present Convention. Children with disabilities and their parents or other persons caring for or legally responsible for the child shall be provided with appropriate information, referrals and counselling, and information made available in these ways should provide them with a positive view of their potential and right to live a full and inclusive life.

5 bis. States Parties shall adopt all legislative, administrative, and other measures to protect the child with disability from torture or other cruel, inhuman or degrading treatment or punishment, and from all forms of violence and abuse, including economic exploitation and sexual exploitation and abuse, while in the care of parents, legal guardians or any other persons who have the care of the child, or by any other persons, within or outside the child’s home.

Article 17. Education

1. States Parties recognize 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 (persons with disabilities shall take into account their best interests and - Mexico) shall be directed to:

a) the full development of the human potential and sense of dignity and self worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity;
b) enabling all persons with disabilities to participate effectively in a free (and inclusive – Mexico) society;
c) the development of the (person’s – Mexico) personality, talents and mental and physical abilities to their fullest potential;
d) (satisfy the special educational needs of persons with disabilities. – Mexico)

2. In realising this right, States Parties shall ensure:

a) that all persons with disabilities can choose inclusive and accessible education in their own community (including access to early childhood and pre-school education);
b) the provision of required support, including the specialized training of teachers, school counsellors and psychologists, an accessible curriculum, an accessible teaching medium and technologies, (appropriate assistive devices – Mexico), alternative and augmentative communication modes, alternative learning strategies, accessible physical environment, or other reasonable accommodations to ensure the full participation of (persons – Mexico) with disabilities;
c) that no child with disabilities is excluded from free and compulsory primary education on account of their disability;
d) (promote access to scholarships and financial resources for persons with disabilities, without restricting that access for only those who course compulsory primary education. – Mexico)

3. States Parties shall ensure that where the general education system does not adequately meet the needs of persons with disabilities special and alternative forms of learning should be made available. Any such special and alternative forms of (teaching – Mexico) should:
a) reflect the same standards and objectives provided in the general education system;
b) be provided in such a manner to allow children with disabilities to participate in the general education system to the maximum extent possible;
c) allow a free and informed choice between general and special systems;
d) in no way limit the duty of States Parties to continue to strive to meet the needs of students with disabilities in the general education system.

4. States Parties shall ensure that persons with sensory disabilities have access to sign language or Braille, as appropriate, to facilitate their learning process and to follow the curriculum. States Parties shall take appropriate measures to ensure quality education for persons with sensory disabilities by ensuring the employment of teachers who are fluent in sign language or Braille.

5. States Parties shall ensure that persons with disabilities may access general tertiary education, vocational 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.

Mexican proposal to Article 19.- June 1, 2004

1. States Parties to this Convention shall take appropriate measures, gradually to identify and eliminate obstacles, and to ensure accessibility for persons with disabilities to in the built environment, furniture and equipment, to transportation, to information and communications, including information and communications technologies, and to other services, so that any person with disabilities can access, move around, exit, be oriented, to be evacuated in emergency conditions and communicate in a safe and autonomous way, adopting the necessary measures 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:

a. the construction and renovation of public buildings, roads and other facilities for public use, including schools, housing, medical facilities, in-door and out-door facilities and publicly owned workplaces;

a. identify and eliminate, systematically, existing architectural obstacles, to transportation and communications, with the aim to facilitate their access and use by persons with disabilities;

b. the construction and renewal of public buildings, roads and other indoor and outdoor public facilities, such as schools, housing, medical establishments and public property work spaces;

b. c. the development and remodeling of public transportation facilities, communications and other services, including electronic services.

a. provide in public service spaces with visual and tactile signaling, as well as the use of international accessibility symbols, to orient persons with disabilities; buildings and facilities signage in Braille and easy to read and understand forms;

b. provide qualified personnel to assist and guide persons with disabilities in public service spaces; other forms of live assistance and intermediaries, including guides, readers and sign language interpreters, to facilitate accessibility to public buildings and facilities;

c. assist persons with disabilities, if required, with interpreters of sign language and/or guides or companions;

d. develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of public facilities and services;

e. encourage private entities that provide public facilities and services to take into account all aspects of accessibility for persons with disabilities;

f. undertake, and promote and disseminate research, development and production of new assistive technologies, giving priority to affordably priced low cost technologies;

g. promote universal design and international cooperation in the development of standards, guidelines and assistive technologies;

h. ensure organizations of persons with disabilities are consulted when standards and guidelines for accessibility are being developed;

i. provide training for all stakeholders on accessibility issues facing persons with disabilities;

j. promote among persons with disabilities the benefits they can obtain from the use of new information technologies and telecommunications.

Article 21
Right to health and rehabilitation

Comment:
- Mexico supports the elaboration of a separate article on rehabilitation and habilitation, which is broad in scope and not linked only to health or medical issues, nor to education or work.

States Parties recognize that all persons with disabilities have the right to the enjoyment of the highest attainable standard of health 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 to persons without disabilities, including sexual and reproductive health services;
(b) Strive to provide those health and rehabilitation services needed 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;
(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 programmes and services to prevent and protect against secondary disabilities, including among 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 that they have adequate specialized training;
(h) Provide to 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 health care, which 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 are informed of their relevant rights;
Comment:
- The need for consent in the sharing of health information should be dealt with in a way that it does not constitute an obstacle to the collection of disability data with the purpose of identifying health needs and designing and implementing public policies and programs in that regard, in line with the provisions of article 6.
(k) Prevent unwanted medical and related interventions and corrective surgeries from being imposed on persons with disabilities;
(l) Protect the privacy of health and rehabilitation information of persons with disabilities on an equal basis;
Comment:
- The convention should contain strong provisions regarding the protection of privacy of medical information in the context of article 14, and the issue is additionally covered in paragraph (j) above. Repetition in this article should be avoided.
(m) Promote the involvement of persons with disabilities and their organizations in the formulation of health and rehabilitation legislation and policy as well as in the planning, delivery and evaluation of health and rehabilitation services.
Comment:
- The convention should contain a comprehensive and strong provision for the participation of persons with disabilities in the design and implementation of policies, in the context of article 4, in order to avoid selective repetition of such a provision in other articles.

Article 22. Right to work

States Parties recognise the equal 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 to promote their full participation and development in the productive life. States Parties shall take appropriate steps to safeguard and promote the realisation of this right, including measures to:

a) promote labour rehabilitation as part of the integral rehabilitation for persons with disabilities, where appropriate, by providing and evaluating orientation, training and selective–designation services, with the purpose of enabling persons with disabilities to gain access, continuity and career advancement, as well as for labour reintegration;

b) promote an inclusive labour market which favors labour integration of persons with disabilities;

To separate concepts contained in old c):
Old c), new d) encourage the finding, obtaining and maintaining of employment and career advancement opportunities for persons with disabilities through the implementation of an active policy related to the labour market;

New e) encourage self-employment for persons with disabilities through training, financing and an expeditious and effective regulatory framework, in particular in the rural sector;

Old e), new g) ensure that workplaces have reasonable accommodations to allow access of persons with disabilities and to permit them to perform their activities;

Delete old subparas f) and g)

h) promote the inclusion of specific regulations under labour legislation of States Parties to protect 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, and the redressing of grievances, and to ensure that persons with disabilities are able to exercise their labour and trade union rights;

To separate concepts contained in subpara j):
j) promote recognition of the skills, merits, abilities and contributions of person with disabilities to the workplace and the labour market, and

new i) combat stereotypes and prejudices about persons with disabilities in the workplace and the labour market.

Artículo 22. Derecho al trabajo

Los Estados Partes reconocen el igual derecho al trabajo de las personas con discapacidad, incluida la oportunidad de ganarse la vida mediante un trabajo que elijan o acepten libremente, con miras a fomentar la igualdad de oportunidades y trato en el ámbito laborar y promover su plena participación y desarrollo en la vida productiva. Los Estados Partes adoptaran las medidas adecuadas para proteger y promover la realización de este derecho, entre otras para:

a) Promover e impulsar la rehabilitación para el trabajo como parte de la rehabilitación integral para la población con discapacidad que lo requiera, a través de proporcionar y evaluar servicios de orientación, capacitación y colocación selectiva y otros afines, con el propósito que las personas con discapacidad logren el acceso, permanencia y progreso en el trabajo, así como la reincorporación laboral;

b) Promover un mercado laboral incluyente que favorezca la integración laboral de las personas con discapacidad;

Antiguo c), nuevo d) Fomentar las oportunidades de acceso, permanencia y progreso al empleo de las personas con discapacidad, mediante la implementación de una política activa relativa al mercado de trabajo;

Nuevo e) Fomentar el autoempleo a través de la capacitación, el financiamiento y una normatividad expedita y efectiva, especialmente en el sector rural;

Antiguo e), nuevo g) Asegurar la equiparación de oportunidades en los centros de trabajo que permita el acceso de las personas con discapacidad y facilite el desempeño de sus actividades;

Eliminar antiguos incisos f) y g)

h) Promover la inclusión de normatividad específica dentro de la legislación laboral, para proteger a las personas con discapacidad en relación con el empleo, la permanencia en el mismo, los avances en la carrera, las condiciones de trabajo, incluidas la igualdad de remuneración para el trabajo de igual valor y la igualdad de oportunidades, y la reparación de los agravios, y asegurar que las personas con discapacidad puedan ejercer sus derechos laborales y sindicales;

Separar conceptos del inciso j):
j) Promover el reconocimiento de las aptitudes, los méritos, las habilidades y las contribuciones de la persona con discapacidad al lugar y el entorno laboral, y

Nuevo i) Combatir estereotipos y prejuicios respecto de las personas con discapacidad en el lugar y en el mercado de trabajo.

Mexican proposal to Article 24.- June 2, 2004
PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE, PHYSICAL CULTURE AND SPORT

1. States Parties recognize 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 utilize and express 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. enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and the hospitality hotel industry and 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. Persons who are deaf shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity.
4. States Parties recognize the right of persons with disabilities, on an equal basis with others, in conditions of equity with other persons, to participate in recreational and leisure activities, physical culture and sports sporting activities and shall take appropriate measures to:
a. encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream physical culture and sports sporting activities at regional, national and international levels;
b. ensure that persons with disabilities have an opportunity to organize and participate in sporting activities and to receive the same instruction, training and resources in support, in conditions of equity with other participants that is available to other participants;
c. ensure that all persons with disabilities have access to sporting and recreational venues, to participate in sporting activities in conditions of equity within then education system, including children with disabilities; and that children with disabilities have equal access to participating in sporting activities with the education system;
d. ensure that persons with disabilities have access to services from those involved in the organization of recreational, and leisure and sporting activities, physical culture and sports.

Mexican Proposal
To be included in the final clauses of the convention:

Nothing in the present Convention shall affect any provisions that are more conducive to the full enjoyment of all human rights and fundamental freedoms and the dignity of persons with disabilities which may be contained in:

(a) the law or practice of a State Party; or
(b) any other international convention, treaty or agreement in force for that State.