NGO Comments on the draft text
Draft article 2

Comments by People with Disability Australia Incorporated, (Australian) National Association of Community Legal Centres, and Australian Federation of Disability Organisations.

Article 2: General Principles

Amend sub-paragraphs (b) and (e) to refer to

“(b) equality of opportunity and non-discrimination”

A number of State and ngo delegations have called for a reference to ‘equality of opportunity’ in this article. Equality of opportunity is an ethical standard, while non-discrimination is one means of achieving it. They should therefore be linked in the text.

Add an additional sub-paragraph:

“(x) recognition and respect for the ability and potential
of all persons with disability”

This proposed new general principle would capture a key concept raised by many State and ngo delegations in the course of the first reading of the article.

Add an additional sub-paragraph:

“(x) recognition and respect for the specific needs and concerns
of women, children and young people and minority groups, including:

(i) indigenous persons with disability
(ii) people with severe and multiple disability
(iii) ageing and elderly persons with disability
(iv) persons with disability living in rural and remote,
and small island communities.”

This proposed new general principle would address the concerns raised throughout the first reading debate that this convention provide recognition of specific population group needs and concerns, without replicating substantive provisions set out in other human rights documents. Reference to children and women in the general principles would not detract from specific substantive articles on the rights of children and women with disability. Indeed, it may overcome the concern that the inclusion of specific population group based articles will erode from the general applicability of the convention to these groups.

Add an additional paragraph

“In interpreting the human rights of people with disability,
in no case shall rights set out in this convention derogate from rights set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, or any other human rights treaty.

Should there be any conflict between a right provided in this and any other human rights treaty, the interpretation most favourable to persons with disability is to be preferred.

This proposed new paragraph will address any potential for the rights set out in this convention to derogate from rights set out in other international human rights instruments.

Statement:

Mr Chairman:

Thank you for this opportunity to address the Ad Hoc Committee.

We strongly support the terms of this article as currently drafted, but seek the inclusion of the following additional paragraphs:

(f) protection from exploitation, violence, victimisation, abuse, harassment and neglect

(g) the right of survival, and to realise full potential

People with disability are subject to significantly higher levels of exploitation, violence, victimisation, abuse, harassment and neglect than other members of the community. All people with disability are at increased risk, but particular groups, including women and children with disability and people with multiple and severe impairments, are at particular risk.

The lives of people with disability are often regarded as inferior to those without disability. As a result, medical and social interventions are often denied people with disability, or given secondary priority. In the absence of these interventions people with disability sometimes cannot survive, and if they do, they are unable to reach their full potential. The impact of impairment is frequently exaggerated by the failure to provide appropriate medical and social service interventions.

It is essential that State parties accept, as a general principle, the responsibility to protect people with disability from exploitation, violence, victimisation, abuse, harassment and neglect. State parties must also, as a general principle, ensure the survival of people with disability, and the opportunity for us to realise our full potential.

Thank you for the opportunity to address the Ad Hoc Committee.

24 May 2004