Proposals to the draft text - African Group

ARTICLE 4
GENERAL OBLIGATIONS

1. States parties undertake to adopt legislative, administrative and other measures to ensure the full realization of all human rights and fundamental freedoms for all individuals within their jurisdiction without discrimination of any kind on the basis of disability. To this end States parties undertake:

a) To take all necessary measures to the maximum extent of the available resources to ensure the enjoyment of the economic, social and cultural rights in this convention, and where needed within the framework of international co-operation;

b) to take effective measures to review (governmental), national and local policies, and to amend, rescind or nullify any laws or regulations which have the effect or purpose of creating or perpetuating such discrimination wherever it exists;

c) To ensure that any person or class of persons whose rights or freedoms as recognized in this convention are violated shall have an effective and appropriate remedy whether the violation has been committed by persons or entities acting in an official or private capacity and in this regard to ensure;

i) that any person claiming such remedy shall have his or her right thereto determined by competent judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State

ii)That the judicial, administrative and other structures in this regard are accessible in law, process and fact to any person with a disability seeking to make such a claim;

d)To embody the principles of equality (of opportunity) and non-discrimination on the ground of disability in their national constitutions or other appropriate legislation, if not yet incorporated therein, and to ensure, through law and other appropriate means, the practical realization of these rights;

e) To mainstream disability issues into all economic and social development policies and programmes, including specific allocation of resources to satisfy obligations towards persons with disabilities;

f) To refrain from engaging in any act or practice of discrimination against persons with disabilities and to ensure that public bodies and institutions act in accordance with this convention;

g) To take all appropriate measures to eliminate discrimination on the ground of disability by any person, or organization;

h) To promote and where appropriate undertake the research, development, production, application and dissemination of new technologies in order to make available and affordable to persons with disabilities goods, services, equipment and facilities acceptable to them and aimed at their fullest inclusion in society, [and as appropriate based on the principle of universal design];

i) To establish credible and effective structures to oversee implementation and monitoring; to ensure a barrier free society through the establishment of an effective enabling environment; to provide particular protection and support for persons with disabilities who are vulnerable on account of situations such as conflict and natural disasters or because of their status as children, women and persons living with HIV/AIDS

j) To discourage customs and cultural practices that are inconsistent with this convention.

k) When planning, developing, implementing and evaluating policies and legislation to give effect to this convention, to take appropriate measures to ensure adequate consultations with, and involvement of, persons with disabilities, their families and representative organizations.

ARTICLE 5
PROMOTION OF POSITIVE ATTITUDES TOWARDS PERSONS WITH DISABILITIES, CREATION AND RAISING OF AWARENESS

1. States Parties undertake to adopt appropriate and effective measures to:

(a) Raise awareness throughout society regarding disability in various forms and persons with disabilities and their needs, potential and contributions to society and foster a culture of respect for persons with disability and their human rights;

(b) Combat stereotypes, prejudices and practices whether cultural, or other which discriminate against persons with disabilities;

(c) Portray persons with disability, irrespective of type, severity and complexity of their disabilities as capable and contributing members of society sharing the same rights and freedoms and responsibilities as all others in a manner consistent with the overall purpose of this convention;

(d) Combat patronizing, bullying and neglect on the basis of perceived incapacity of children and adults in public service and society as a whole;

2. These measures shall include among others:

(a) Initiating, promoting and maintaining an effective public, social awareness campaign designed to nurture respect and protect the rights of persons with disabilities;

(b) Developing and maintaining programmes of awareness in their population, including children from an early age and at all levels of the education system, to foster an attitude of respect for the rights of persons with disabilities;

(c) Encouraging all organs of the media to portray persons with disabilities in a manner consistent with the purpose of this convention;

(d) Working in partnership with persons with disabilities, their representative organizations and families in all measures taken to give effect to the obligations contained in this article.

ARTICLE 7
EQUALITY AND NON-DISCRIMINATION

1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law. States Parties shall prohibit any discrimination on the basis of disability, and guarantee to all persons with disabilities equal and effective protection against discrimination. States Parties shall also prohibit any discrimination and guarantee to all persons with disabilities equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national ethnic or social origin, property, birth, source or type of disability, age, health, marital status, belief, culture or any other status.

2. (a) Discrimination shall mean any distinction, exclusion, additional obligations or burdens, or restriction or acts which have the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise by persons with disabilities, on a basis of equality with others, of all human rights and fundamental freedoms;

(b) Discrimination shall include all forms of discrimination, including direct, indirect and systemic, and shall also include discrimination based on an actual disability or a disability that is perceived or attributed by society or by association with a person with a disability.

3. Discrimination does not include a provision, criterion or practice that is objectively and demonstrably justified by the State Party by a legitimate aim and where the means of achieving that aim are reasonable and necessary and consistent with international human rights law.

4. In order to secure the right to equality for persons with disabilities, States Parties undertake to take all appropriate steps, including by legislation, to ensure reasonable accommodation, defined as necessary and appropriate modification and adjustments to guarantee to persons with disabilities the enjoyment or exercise on an equal footing with others of all human rights and fundamental freedoms, unless such measures would impose unreasonable difficulties.

5. Positive measures aimed at accelerating de facto equality of persons with disabilities shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards;

5(bis). In order to secure non-discrimination of persons with disabilities, States Parties undertake in particular:

(c) States shall ensure that the needs and concerns of persons with disabilities are incorporated into economic and social development plans and policies, and not treated separately;

(d) to refrain from engaging in any act or practice of discrimination against persons with disabilities and to ensure that public authorities and institutions act in conformity with this obligation;

((7 bis) To ensure the right to equality for all persons with disabilities. States Parties shall take positive measures to benefit all persons with disabilities.

ARTICLE 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW

States Parties shall:

(a) Recognize persons with disabilities as individuals with equal rights before the law;

(b) Accept that persons with disabilities have full legal capacity on an equal basis except as provided by law;

(c) Ensure that where assistance is necessary to exercise that legal capacity:

(i) The assistance is to the extent possible proportional to the degree of assistance required by the person concerned and tailored to their circumstances, and does not undermine the legal capacity, rights and freedoms of the person;

(ii) Relevant decisions are taken by a competent, (independent) and impartial authority in accordance with a procedure established by law and with the application of relevant legal safeguards (including periodic review)

(iii) Provide persons with disabilities with adequate support services to develop networks for supported decision-making.

(d) Ensure that persons with disabilities who experience difficulty in asserting their rights, in understanding information and in communicating have access to assistance to understand information presented to them and to express their decisions, choices and preferences, to participate in all stages of procedure in courts and tribunals, as well as to enter into binding agreements or contracts, to sign documents and act as witnesses;

(e) Take all appropriate and effective measures to ensure the equal right of persons with disabilities to own, inherit, use or otherwise dispose of property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit;

ARTICLE 24 BIS
INTERNATIONAL COOPERATION

State Parties shall engage in international cooperation as an essential element for the implementation of this convention in a spirit of solidarity, in particular for the full and equal enjoyment of all human rights and the dignity of persons with disabilities. State Parties at all levels of government should encourage and support the exchange of knowledge and experience and promote international cooperation with international and regional organizations, specialized agencies, organizations of persons with disabilities, non-governmental organizations, national human rights institutions, as well as other national institutions, private sector, financial institutions and other stakeholders.

1. International cooperation among States shall include, but not be limited to:

a) Contribute to international and regional programmes and related activities aimed at raising awareness about the rights of persons with disabilities and combating stereotypes;

b) Sharing information concerning best practices on measures, legislation, national policies and programmes to implement the present convention and on the progress and challenges in this regard;

c) Adopting measures in favor of persons with disabilities in existing and future international cooperation activities, agreements and programmes;

d) Encouraging programmes of exchange concerning information, technical assistance, communications and assistive technologies or equipment;

e) Taking measures, including financial and technical assistance, aimed at enhancing with a multidisciplinary approach the capacities of States, particularly developing countries to effectively implement this Convention.
(f(Conclude agreements for the issue of regional or international disabled persons’ cards for the purpose of various entitlements-Israel)

2. International cooperation with respect to international and regional organizations shall include:

a) The United Nations and its specialized agencies shall take steps to ensure the effective integration of a disability perspective in their work and to periodically assess the impact of their programmes and activities on the full and equal enjoyment of all the human rights and dignity of persons with disabilities and to adjust them when and where required;

b) Increasing advisory services and technical cooperation;

c) Promoting meetings, courses, seminars and workshops and other related activities for the study of matters and problems related to the full and equal enjoyment of all human rights and the dignity of persons with disabilities;

d) Inviting international and regional finance and development institutions to similarly adopt a disability perspective into their work and to assess and periodically adjust their policies and programmes;

e) Fostering bilateral, regional and international financial arrangements to promote the full and equal enjoyment of all human rights and the dignity of persons with disabilities; including the establishment of bilateral, regional and international research and development funds.

3. International cooperation with respect to civil society and the private sector shall include:

a) Promoting the sharing of knowledge and experiences between non governmental organizations and organizations of persons with disabilities within and between regions, particularly through meetings, courses, seminars and workshops and other related activities;

b) Contribute to public awareness raising about the rights of persons with disabilities and combating stereotypes;

c) Supporting capacity building within civil society to engage more effectively and constructively with States Parties and with the relevant international and regional machinery, through, for example, training and technical cooperation.

d) Develop joint projects with the private sector and civil society to contribute to ensure the early participation of persons with disabilities into productive life;

e) Adopting measures including incentive measures to harness the positive potential of private sector as key agents for change;