Proposals to the draft text - New Zealand
1. New Zealand revision to Draft Article 15 (27 May 2004)
LIVING INDEPENDENTLY AND BEING INCLUDED IN THE COMMUNITY
1. States Parties to this Convention shall take effective and appropriate
measures to enable persons with disabilities to live in, independently
and to be fully included as members of,
in the community. States Parties shall, including
by ensureing that:
a. persons with disabilities have the equal opportunity to determine
how, where, and with whom they live choose their place of
residence and living arrangements;
b. persons with disabilities are not obliged to live in an institution
or in a particular living arrangement;
b.biz. children with disabilities live with their own family
or, where that is not possible, live in another family situation;
c. that persons with disabilities have access to a range of
in-home, residential and other community support services, including
personal assistance, necessary to support them to live where
they choose, to participate living and inclusion in
the community, and to prevent isolation or segregation from the community;
d. community services and facilities for the general
population are available on an equal basis to persons with disabilities
and are responsive to their needs;
d biz. community support services are provided in a manner
that recognizes the autonomy, individuality and dignity of persons with
disabilities.
e. persons with disabilities have access to information about available
community services, including support services.
In addition, New Zealand wishes to express a concern about the proposals
recently put to the Ad Hoc Committee to include families and caregivers
each time persons with disability are mentioned. It is our view that
this convention needs to remain firmly focused on promoting and protecting
the rights of persons with disabilities. To do so will benefit all involved
in the lives of persons with disabilities. To not do so will distract
States Parties’ from their efforts in this regard. This is not to diminish
the importance of families and caregivers.
New Zealand proposal: Article 23
Social security and an adequate standard of living
New Zealand would like to suggest that the two paragraphs of this article
be reversed, so that paragraph 2, on the right to an adequate standard
of living, comes before paragraph 1, the right to social security. And
similarly we suggest that the order is reversed in the article title.
Also we suggest subparagraphs b) and c) of paragraph 1 be removed.
The access to social security programmes they mention has already been
covered in the chapeau, and we believe access to poverty reduction strategies
is better addressed under paragraph 2 (the right to an adequate standard
of living). We, therefore, suggest adding a subparagraph a) to paragraph
2
2a) Ensure equitable access by people with disabilities to government
regional development programmes and poverty elimination strategies,
including international aid programmes.
We have 2 further changes to suggest:
First, we would like to suggest deleting subparagraph e) of paragraph
1 and replacing it, and c), with the following:
‘Provide assistance to people with disability and their families to
meet the extra costs they each incur because of disability.’
Second, in subparagraph d) of paragraph 1 we recommend inserting the
word ‘equitable’ after ‘ensure’, and deleting the second part of the
subparagraph which relates to reserving a percentage of government housing
for persons with disabilities.
Article 24: New Zealand proposals
Participation in cultural life, recreation, leisure and sport
1 States parties shall respect and promote the right of all
persons with disabilities to engage in cultural, artistic, recreational
and leisure activity. In order to promote and protect the realisation
of this right States Parties shall take all appropriate measures
to ensure that persons with disabilities:
(a) Have the opportunity to develop and utilise their creative, artistic,
intellectual and physical potential, not only for their own benefit,
but also for the enrichment of their community;
(b) Enjoy access on an equal basis to all cultural materials
and activities;
(c) Have the opportunity to participate in all cultural, artistic
and sporting activities of their choice at local, regional, national
and international levels;
(d) Receive on an equal basis to other people instruction, training
and resources for the pursuit of all cultural, artistic and sporting
activities.
2 As in the Working Group text.
3 As in the working Group text.
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