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Contributions submitted by Governments
in electronic format at the Fourth Session

Proposed Modifications to Draft Article 14

Australia

ARTICLE 14: Respect for Privacy

Australia’s preferred formulation:

Persons with disabilities shall not be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence, nor to unlawful attacks on their honour or reputation. Everyone shall have the right to protection of the law against such interference.

ARTICLE 14bis: Marriage and Family Relations

Australia’s preferred formulation:

States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage and family relations, and in particular shall ensure, on an equal basis:

(a) That persons with disabilities are not denied the equal opportunity to experience parenthood, have intimate relationships, and express their sexuality, in accordance with law;

(b) That the right of all persons with disabilities of a marriageable age to marry, in accordance with law, is recognised;

(c) That all persons with disabilities are protected from unlawful involuntary sterilisation;

(d) That people with disabilities are not discriminated against with respect to guardianship, wardship, trusteeship and adoption of children, where this is provided for in national legislation. The best interests of the child shall be the paramount consideration in all cases;

(e) That no child shall be separated from his or her parents on the basis of the disability of either the child or one or both of the parents, except in accordance with appropriate law and where it is in the best interests of the child.

European Union

Draft Article 14
RESPECT FOR PRIVACY, THE HOME AND THE FAMILY

1. Persons with disabilities, including those living in institutions, shall not be subjected to arbitrary or unlawful interference with their privacy, and shall have the right to the protection of the law against such interference. States Parties to this Convention shall take effective measures to protect the privacy of the home, family, correspondence and medical records of persons with disabilities and their choice to take decisions on personal matters.

EU Proposal: Replace "privacy" by "private life" in line 2 only. Insert "freedom of" before "choice".

2. States Parties to this Convention shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage and family relations and in particular shall ensure:

(a) that persons with disabilities are not denied the equal opportunity to experience their sexuality, have sexual and other intimate relationships, and experience parenthood;

(b) the right of all men and women with disabilities who are of marriageable age to marry on the basis of free and full consent of the intending spouses, and to found a family;

EU Proposal: replace by “that the right of all men and women with disabilities who are of marriageable age to marry and to found a family on the basis of free and full consent of the intending spouses, shall be recognized.” (based on ICCPR, Article 23(2) and 23(3)).

(c) the rights of persons with disabilities to decide freely and responsibly on the number and spacing of their children on an equal basis with other persons and to have access to information, reproductive and family planning education, and the means necessary to enable them to exercise these rights.

EU Proposal: EU suggests that sub-paragraphs (d), (e) and (f) should be included as separate paragraphs, numbered 3, 4 and 5 respectively.

(d) the rights of persons with disabilities in regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation. For the purpose of guaranteeing these rights, States Parties shall render appropriate assistance to disabled parents in the performance of their child rearing responsibilities.

EU Proposal: EU suggests replacing the word “parents” with the word “persons” in the second sentence.

(e) that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. The child shall not however be separated from parents with disabilities on the basis either directly or indirectly of their disability;

EU Proposal: The EU suggests deletion of the words “either directly or indirectly” .

(f) the promotion of awareness and the provision of information aimed at changing negative perceptions and social prejudices towards sexuality, marriage and parenthood of persons with disabilities.

Following the EU proposals, (d), (e) and (f) would read as follows:

(3) States Parties to this Convention shall ensure that there is no discrimination against persons with disabilities in regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation. States Parties shall render appropriate assistance to disabled persons in the performance of their child rearing responsibilities.

(4) States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. The child shall not however be separated from parents with disabilities on the basis solely of their disability;

(5) States Parties shall take appropriate measures to change negative perceptions and social prejudices towards sexuality, marriage and parenthood of persons with disabilities

Japan

Art 14 para.2(a)
Replace the current paragraph with "That sexuality of persons with disabilities should be respected on an equal basis with others;"

(rationale) To avoid over-prescriptive, controversial language to many countries, while recognizing the core substance of this paragraph should be retained to tackle with the realities that persons with disabilities are still actually facing.