NGO Comments on the draft text
Preamble

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

Ms/r Chairman:

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

We believe the name of this treaty requires simplification. The current name is unnecessarily long and uncertain. We propose the title of the treaty be amended to “Convention on the Human Rights and Fundamental Freedoms of People with Disability.” This title would clearly and concisely describe the nature of the treaty.

In general, we support the proposed text for the Preamble, but believe that four refinements are required.

Firstly, we believe the Preamble, for interpretative purposes, should clearly signal a change in understanding of disability away from one of ‘individual pathology” to a recognition of the way in which social structures and processes disable people with impairments, and thereby deny their human rights. We therefore suggest the Preamble include the following additional paragraph:

“Recognising a profound shift away from an understanding of
disability as an individual pathology towards one that recognises
the disabling impact of inaccessible social structures and processes
on persons with impairment.”

Second, we urge the amendment of paragraph (m) to also refer to the multiple and aggravated forms of discrimination experienced on the basis of “age (by children and elderly persons), sexual orientation, by indigenous persons, and by people in remote and island locations.”

Third, we would like to see paragraph (l) of the Preamble strengthened in two respects. We believe that the stronger word “recognising” (rather than “considering”) should introduce the paragraph to make it clear that State parties positively accept this principle rather than merely acknowledge it. We would also like participation in decision-making to be referred to as “essential” and as a “condition precedent” to the enjoyment of the human rights provided in this and other human rights instruments. This would enshrine the fundamental principle put to the Ad Hoc Committee by the International Disability Caucus on numerous occasions in the debate to date: “nothing about us, without us.”

Fourth, we suggest for indicative and interpretative purposes, to support those aspects of this convention that attempt to eliminate eugenic practices, and violence and abuse of people with disability, the addition of the following additional paragraph:

“Recalling with profound concern the history and experience of eugenics, abuse, neglect, isolation, segregation and violence against people with disability in many parts of the world

Thank you for the opportunity to address the Committee