NGO Comments on the draft text
Draft article 24

Proposal by Save the Children

Article 24 Cultural Life, Recreation, Sport and Play

Participation in sport, recreation and leisure is a right and a priority for many disabled children and young people like adults. We wish to emphasise the right to play and the importance to enable children and adults with disabilities to play for the development of the personality, potential and expression on an equal basis with others and without discrimination. We want to recognise the importance of play and sport for the socialization of children, young people and adults with disabilities with their peers. We recommend a paragraph how the right to play and recreation can be met.

Suggested change

Title: Participation in Play, Recreation, Sport and Cultural Life

Suggested additional paragraph

1. States Parties recognise the right of all children and adults with disabilities to play, and shall take all appropriate measures to ensure that persons with disabilities:
a. have the opportunity to develop their personality, potential and expression on an equal basis with others
b. have the opportunity to socialise, make friends and participate in society
c. have access to playgrounds, events and activities on an equal basis with others
d. have the necessary support to initiate and take part in play like others

Suggested change

1->2 States Parties recognise 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:

2.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, and that such access also extends to literature and cultural materials appropriate for children with disabilities;
2->3; 3->4; 4->5

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

Mr Chairman:

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

We strongly applaud the terms of this article.

It is important that the removal of barriers to information constituted by intellectual property law (including copyright) applies to all information, not just cultural information. It may therefore be preferable for this issue to be dealt with comprehensively in paragraph 2, article 19 “Accessibility.”

It is also important that the word “exhibits” is inserted before the word “monuments” in subparagraph 1(d) to ensure that exhibits within places of cultural importance are also made accessible to people with disability. We would add the word “throughout” after “to” in the third line of this sub-paragraph to make it clear that all aspects of the interior of monuments and other sites of cultural significance are to be made accessible as far as possible.

In relation to sub-paragraph 4(b), we agree with the Landmine Survivors Network that the word “necessary” should replace the word “same” in the second line, as people with disability may require the same or specialised instruction, training and resources in order to participate in mainstream sport.

We recommend that the two elements of sub-paragraph 4(c) are separated into two separate articles, as the current conflation of these separate ideas may give rise to confusion. We also recommend that the words “services and facilities” are added following the word “venues” in the second line to ensure that all aspects of this experience are encompassed.

Finally, we are concerned that there is no reference in this article to sites of religious significance. Many people with disability encounter significant barriers to participation in religion due to the inaccessibility of religious sites. It is important that these sites are specifically encompassed in this article.

Thank you.