Proposals to the draft text - South Africa

PREAMBLE

Chair we are very grateful that your excellent leadership has enabled this committee to proceed in its deliberations.

The South African delegation wishes to propose some amendments to the current text of the preamble and these amendments will be submitted to the secretariat.

(c) On para ( c) we propose that it reads “Reaffirming the universality, indivisibility and interdependence of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without any form of discrimination.”
• We are of the view that the words ‘any form of’ should be included in paragraph (c) in order to cover all forms of discrimination.

(g) In para g we propose it reads “Recognising [the diversity of persons with disabilities] [that persons with disabilities are not a homogenous group and that they are diverse in their own rights]”
The proposed wording in paragraph (g) is aimed at acknowledging the fact that persons with disabilities are not a homogenous group, but diverse in their own rights. It also recognises that disability is part of humanity and that persons with disabilities are not the same even if they have the same disability

(h) In Para h we propose that it reads “Concerned that, despite the efforts and actions undertaken by governments, bodies and relevant organisations, persons with disabilities continue to face barriers in their equitable participation as equal members of society and violations to their human rights in all parts of the world. The term equitable qualifies the participation of persons with disabilities as equal members of society and the fact that disabled and non disabled persons enjoy the same rights and hence the word ‘equitable’ in paragraph (h) seeks to guarantee equal participation of persons with disabilities in matters affecting their lives.

(i) In para (i) we propose that it reads “Emphasising the importance of international cooperation to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities.

(l) In para (l) we wish to propose it to read “Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programs” [especially those directly concerning them].
• We Propose deletion of the statement in paragraph (l) ‘especially those directly concerning them’ as we are of the view that they are extraneous and present the risk of involving persons with disabilities only in matters that affect them.

(p) In para (p) we wish to propose that it reads “Concerned that situations of armed conflict [have especially] cause disabilities and have devastating consequences for the human rights of persons with disabilities.
• The proposed that the words ‘… have especially devastating consequences …’ in paragraph (p) simply state the fact as regarding consequences of armed conflict. We are of the view that Disabilities in many instances are caused by armed conflict (hence the proposed wording).

(q) Finally chair in para (q) we propose that it reads “Recognising the importance of accessibility to the physical, political, social, economic and cultural environment and to information and communication, including information and communications technologies, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms.

a. We are of the view that the words ‘political and cultural’ are to be inserted in paragraph (q) so as to capture the language and values in the International Covenant on Civil and Political Rights, and the Covenant on Social, Economic and Cultural Rights, with particular reference to promotion and protection of rights of persons with disabilities.

Draft Article 14: Respect for privacy, the home and the family

The SA delegation wishes to propose that the title be amended to read as: Respect for Privacy. The reason being that the current title is limiting in form as it relates only to privacy at home and family. The provisions of the article adequately speak into privacy i.r.o. of home, family in a comprehensive manner as espoused in Para 1. Further the last part of Para 1 should refer to PRIVATE MATTERS as opposed to personal matters. This will be in keeping with the title of the article that relates to privacy.

My delegation is of the view that the matter of respect for privacy should cover ALL FORMS OF PRIVACY OF AN INDIVIDUAL and also to reflect the full range of human rights protection that are also applicable to people with disabilities.

The new formulation will provide for privacy in totality without being prescriptive. This will be consistent with the expression from Article 12 of the United Nations Declaration on Human Rights and other relevant international Covenants in this respect.

SA is agreeable to paragraph 1 of the article and wishes to note that i.r.o. of footnote 45 we support the use of the expression COMMUNICATION as opposed to correspondence. We are of the view that communication is all inclusive.

My delegation wishes to note that Para 2b should be amended to read THE RIGHTS OF ALL PERSONS WITH DISABILITIES, hence deleting the statement “all men and women”. We are of the view that the new statement will provide for gender sensitive language.

With respect to paragraph 2 my delegation proposes that i.r.o. of footnote 46, we refer to: marriage, family and any other relations.

My delegation is also of the view that the concept of marriage is understood differently in different parts of the world. In some communities there are situations where people are living together and are not married in a conventional way. Therefore the sentence in paragraph 2 should seek to cover all types of relations as well.

Further chair we wish to make the following contributions:

That in Para 2 (d) the last sentence should be deleted and we refer to footnote (49). We are of the view that this assumes that persons with disabilities should be treated differently, which will be contrary to the spirit of this convention.

That in Para 2 (f) we wish to propose an amendment i.r.o. footnote 50 as follows: “The child shall not however be separated from parents with disabilities on the basis, either directly or indirectly, of their disability."

ARTICLE 21
RIGHT TO HEALTH

New proposed title to ACCESS TO HEALTH CARE.

Sub Para

(a) provide persons with disabilities with the same range and standard of health services including rehabilitation as well as sexual and reproductive health services as provided to other citizens;

(b) Achieve the progressive realisation of disability specific health and rehabilitation services. We are of the view that the last part of the sentence that reads “specifically because of their disabilities” is irrelevant and hence propose its deletion.

Chair the South African delegation proposes a sub-division of Para (d) such that:

Sub Para bis (d)

(i) Ensure that health and rehabilitation services include the provision of respite places, to use on a voluntary basis, which should include and counselling and support groups. Here chair we propose the deletion of the word “safe” as it is part of the discussions on Article 12 on Violence and Abuse. We have further proposed a re-writing of the statement. The proposed amendment will be forwarded to the secretariat.

Sub Para bis (d)

(ii) Endeavour to support facilities that are in the ownership or managed by persons with disabilities;

Sub Para (h) to delete “and rehabilitation” such that the sub paragraph reads”PROVIDE ALL HEALTH CARE PROFFESSIONALS AN APPROPRIATE EDUCATION, ETC. Chair the focus on this sub para should be on health care.

Sub Para (L) to be deleted in totality for reasons that the ARTICLE 6 on Statistics and Data Collection adequately addresses the matter of privacy of information.

DRAFT ARTICLE 22:
RIGHT TO WORK

1. In the Chapeau of the article we propose the deletion of “treatment”. Chair we are of the view that the chapeau should address the matter of equal opportunity in the workplace and equitable representation at all occupational levels. We are also of the view that “Equal treatment” defeats the purpose of reasonable accommodation if it is maintained in the Chapeau.

2. In the Chapeau we propose the addition of economic empowerment. Such that the Chapeau will read “States Parties recognise the 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 economic empowerment of persons with disabilities. We are of the view that the absence of economic empowerment programs affects all persons including persons with disabilities.”

3. Para (b). We propose the Deletion of the word “general” in the statement referring to technical.

4. Para (b) we propose the sub para to read “Enable persons with disabilities to have effective access to Technical and vocational guidance programs, placement services, Assistive devices and vocational and life long training;

5. para (c ) will read :” promote employment opportunities and career advancement for persons with disabilities in the open labour market, through assistance in finding, securing and maintaining such employment, including opportunities for self-employment.

6. We propose the deletion of “professional” as the implication is unclear. The para (g) should refer to the promotion of all work and employment related rehabilitation processes.

7. Para (j) we propose the deletion of abilities as it creates an environment of stereotyping PWDs such as relegating PWD’s abilities to basket weavers or telephone operators.

Draft Article 23:
Social Security and an Adequate Standard of Living

Chapeau 1 the inclusion of the term “progressive” in order to ensure that governments have time to implement the required measures as per the development processes of their countries.

Chapeau 2 is amended to read “States Parties recognise the right of all persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, housing and access to clean water as a basic service and to continuous improvement of living conditions, and will undertake appropriate steps to safeguard and promote the PROGRESSIVE realisation of this right.

ARTICLE 24:
PARTICIPATION IN CULTURAL, RECREATION, LEISURE AND SPORT

Separate the article and in this regard we propose that the Convention have an ARTICLE 24BIS that would address matters of participation in cultural life.]

We propose that in Para 4 we replace EQUAL with EQUITABLE.

The Para 4 would subsequently read “States Parties recognise the right of persons with disabilities, on an EQUITABLE basis with others, to participate in recreational, leisure and sporting activities TO PROMOTE A HEALTHY LIFESTYLE” (this is a proposed addition which will be given to the secretariat) and shall take appropriate measures to:

a. “ENSURE and promote the FULL participation of persons with disabilities in mainstream sporting activities at CLUB, regional, national and international levels”. We propose the deletion of, [to the fullest extent possible,] in order to recognise the full potential of an individual. Further we are of the view that organised sporting activities should start at a club level and hence propose the addition of the word club. Persons with disabilities will not be able to advance to the regional, national, and international levels without a base from which to develop. We are also of the view that the word encourage is weak and open to abuse in this context. Hence we propose a substitution of the word “ENCOURAGE” with “ENSURE”.

b. Amendment to sub Para 4 (b) to read “ensure that persons with disabilities have an opportunity to organise and participate in sporting, recreational and leisure activities and to receive equitable and relevant instruction, training and resources in support. We propose a deletion of the term “the same”. We are also proposing the deletion of”that is available to other participants”. We are of the view that this statement is redundant.

c. Sub Para 4 (c) we wish to propose that it reads as “ensure that persons with disabilities have access to sporting recreational and leisure facilities. We propose the moving of [and that children with disabilities have equal access to participating in sporting activities with the education system]; The last part of sub Para 4 ( c ) should be MOVED to the ARTICLE 17 on Education. My delegation has also included the term leisure.

d. Sub para 4 (d) to read “Ensure that persons with disabilities have EQUAL access to services from those involved in the organisation of recreational, leisure and sporting activities”.

e. Propose Sub Para 4 (d) bis. Hence sub Para 4 (d) bis will read “ensure equitable access to government and private funding for PWDs to facilitate full participation in sporting, recreational and leisure activities and organisation.

f. New addition of sub Para 4 (d bis) bis and it reads “encourage all public media to give appropriate and equitable coverage of the achievements of persons with disabilities in sports, recreational and leisure activities as well as of the availability of such activities to all PWDs.