Consolidation of proposals submitted by the Facilitator

Article 1: Purpose

The purpose of this convention shall be to promote, protect and ensure the full enjoyment of all human rights and fundamental freedoms of persons with disabilities, their dignity and participation as equal members of society.

Facilitator´s suggestions on what parts of Art. 12 to be moved elsewhere:

• (para 1 of Art.12 as of 26 August) to preamble
movement suggested by EU, NZ, Can., Jap., SerbMN, Mex.
(deletion from art. 12 proposed by Argentina, China):

[States Parties recognize – Sierra Leone] (Recognizing – Sierra Leone) that persons with disabilities are at great risk, both within and outside home of (abandonment – Rep.Korea) violence, injury or (mental or physical – Mex.) abuse, neglect or negligent treatment, maltreatment or exploitation, including (economic and – NZ) sexual exploitation and abuse.

• (para 2quint of Art.12 as of 26 August) elsewhere or merge with preamble (unless reformulated and retained in art.12 as proposed by Sierra Leone
movement suggested by Can., South Afr., Costa Rica, Serbia MN, possible for Syria, Jordan (deletion from art. 12 proposed by EU, USA)

States Parties recognize that armed conflicts particularly undermine the freedom from violence and abuse of persons with disabilities. States Parties shall, therefore, take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities from armed conflict (including foreign occupation – Palest., Syria) – Kenya)

• to Art. 9, or 13 or u>even 19 (unless decided to reformulate and keep in Art. 12)
movement suggested by facilitator in case there is no placement in Art. 12

(States Parties shall ensure) (accommodation of investigative and judicial proceedings, including testimonial procedures, to the special needs of persons with all types of disabilities, and shall take measures to promote legislation that ensures the accessibility of the legal process. – Israel)

Article 12 -
Freedom from violence and abuse
FACILITATOR´s COMPILED PROPOSAL of 30 August

plain text = text from Working Group
text in bold = proposals by delegations as of 26 August
bold italic = text proposed by facilitator to consolidate different proposals
remarks or suggestions by facilitator

1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities (and their families — Jordan) both within and outside the home, from all forms of (abandonment — Republic of Korea) violence, injury or (mental or physical — Costa Rica) abuse, (abduction, harassment, – EU, Norway) neglect or negligent treatment, maltreatment or exploitation, including sexual (and economic — Mexico, NZ) exploitation and abuse (– with option of combining 11 and 12 kept open).

2. In particular, states Parties shall protect persons with disabilities from all forms of medical or related interventions, (inter allia sterilization or abortion, – Uganda, Kenya) carried out without the free and informed consent of the person concerned. All such involuntary interventions shall be illegal, except as provided for in subparagraphs (2bis) to (2quat) below.

2 bis. Where person lacks the capacity to give or withhold informed consent, an intervention may only be carried out where the consent of his or her legal representative or a competent court or authority has been obtained prior to the intervention.

2 ter. This shall not prejudice any such intervention necessary to prevent an imminent danger to the life or health of the person concerned or to the life or safety of others.

2 quat. All such interventions shall be carried out in the best interest of the person concerned, in accordance with the procedures established by law and with the application of appropriate legal safeguards.

3. [States Parties shall also take all appropriate measures to prevent violence and abuse by ensuring, inter alia, (appropriate forms of assistance and – India) support for persons with disabilities and their [families – Rep.Korea] (caregivers – Trinidad Tob.) (representative organizations – Rep. Korea), including through the provision of information (and education (. – Rep. Korea to stop here) on how to avoid, recognize and report instances of (violence and abuse) above. – NZ, EU, Chile to delete if still repetitive to para 1]

3. bis [Special attention shall be paid to measures reflecting particular vulnerability of persons with disabilities in situations of emergency, inter allia during (armed conflicts – according to Kenya) or (foreign occupation – according to Palest., Syria). – EU, NZ, Chile to delete special para on ”protection from armed conflict”]

4. States Parties shall ensure that all facilities and programs, both public and private, where persons with disabilities [are placed together, separate from others, — Uganda] (live or access services — Uganda, South Afr., Costa Rica) are effectively monitored (in coordination with civil society – according to Mex.) (by independent authorities, which include persons with disabilities and which make monitoring reports available to public, - according to NZ, South Afr., Chile) in order to prevent the occurrence of violence (or abuse above.)

5. Where persons with disabilities are victims of any form of violence or abuse above, States Parties shall take all appropriate measures39 to promote their physical and psychological recovery (, rehabilitation — Philippines, South Afr.) and social reintegration (including through the provision of protection services — Trinidad and Tobago). (Such recovery and reintegration shall take place in an environment which fosters the health, self respect, dignity and autonomy of the person. — NZ)

6. (States parties shall put in place effective policies and legislation to ensure that instances of violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted and that protection services are available in such cases. - EU)

Facilitator suggests consideration of appropriate use of some of the concepts bellow, but most probably in the context of other articles (Art. 9, 13 or 19):
(- accommodation of investigative and judicial proceedings , including testimonial procedures, to the special needs of persons with all types of disabilities
- measures to promote legislation that ensures the accessibility of the legal process – accord. to Israel)