Proposals to the draft text - Israel

Proposed during Discussions on ARTICLE 6

DRAFT ARTICLE 24 bis - STATISTICS AND DATA COLLECTION

1. States Parties undertake to collect, process, store and present sufficient and reliable information, including statistical data, to enable them to formulate and implement policies to give effect to this Convention.

2. States Parties shall ensure that:

(a) the methods and the procedures for the collection, processing, storage and presentation of information in accordance with this Article comply with internationally accepted human rights norms and standards and ethical principles of statistics, including the avoidance of undue intrusion, informed consent, maintaining confidentiality of records and prohibiting the disclosure of identities;

(b) the information collected in accordance with this Article be disaggregated to enable identification of discrimination or disparities in the realization of rights under this Convention;

(c) the information collected in accordance with this Article shall be included as part of the indicators used to evaluate the development of the State Parties on such issues as human rights, equality, poverty, education, health employment and other relevant areas, and shall also be used, to identify the barriers faced by persons with disabilities in exercising their rights;

(d) that information be collected in collaboration and following consultation with organizations of persons with disabilities and other interested stakeholders and be made available to them and to the public in general, in accessible formats.

3. States Parties shall promote the conduct of national and international research which will serve as a basis for the promotion of the rights of persons with disabilities, such research being conducted by non governmental and governmental organizations, as well as the private and academic sectors.

Fourth Session of the Ad Hoc Committee – 27 August 2004

ISRAEL PROPOSAL ON DRAFT ARTICLE 12

Freedom from Violence and Abuse

Persons with disabilities are more vulnerable to violence and abuse than persons without disabilities. This phenomenon is worsened by the inaccessibility of investigative and judicial processes to persons with disabilities – particularly for persons with communication difficulties arising from mental, developmental, physical or sensory disabilities.

Inaccessibility of legal processes in the police and in court denies them the opportunity of being understood and of providing full statements, resulting in the majority of cases being closed, or defendants acquitted because of insufficient evidence against them. This, in turn, has a direct impact on the level of violence and abuse – as offenders rely on not being brought to trial or being acquitted for crimes against persons with disabilities.

Thus, protection from violence and abuse against persons with disabilities must include ensuring the accommodation of investigative and judicial procedures to their special needs, and this should be explicitly stated in this Article. It should also be established that the State shall take action to promote legislation that ensures the accessibility of the legal process.

Therefore, Israel proposes that the following addition (underlined) be made to paragraph 6 in this Article:

6. State Parties shall ensure the identification, reporting, referral, investigation, treatment and follow-up of instances of violence and abuse, and the 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. State Parties shall also ensure the provision of protection services and, as appropriate, judicial involvement.

Article 15: “Living Independently and Being Part the Community”

Comments on Behalf of the State of Israel

We would like to make two comments on Article 15.

Firstly, with regards to the use of the term “independence” in the title and in the chapeau of this article: Many of the privileges of and services for people with disabilities are based on the levels of functional dependency. Thus, the use of the term “independence” in the formulation of Article 15 might be interpreted by many professionals as contradictory to the spirit of the convention and the idea of living in a community, and still contingent upon physical or psychosocial dependency.

Accordingly, we suggest that the title of Article 15 refer, generally, to the right of “living in the Community” as a basic, unconditional principle, and that the article emphasizes the principle that the right to live in the community and to take part in all its activities and/or contribute to society belongs to every person and derives from the right to equality, regardless of the level of physical or psychosocial independence.

Secondly, we believe that an inherent part of one’s right to life in the community is the “freedom of choice,” that is the right to make decisions, and to choose the time, the place, and the frame of life within the community, but also the right to choose the definition of what “community” means. There are various ways of living. Omitting any one of the options, including the right to choose to live independently or in partially independent facilities, is a violation of human rights. Persons with disabilities are the only ones who can make their own choices and decisions.

ISRAEL’S PROPOSAL - ARTICLE 25:
INTERNATIONAL AND NATIONAL MONITORING

25. Establishment of Committee

1. For the purpose of reviewing this implementation by States Parties of this Convention, there shall be established a Committee on the Rights of Persons with Disabilities (hereinafter referred to as “the Committee”) which shall carry out the functions hereinafter provided.

2. The Committee shall consist, at the time of entry into force of this Convention, of 12 independent experts serving in their personal capacity, of high moral standing and impartiality, holding no position which compromises the appearance of independence and impartiality expected of the Committee, and shall have a recognized competence in the field covered by the Convention. Thereafter, for every additional twenty-five ratifications of this Convention, the membership shall increase by 2 members, until the composition of the Committee attains a maximum number of 20 members. This Committee, in its overall composition, shall:

Include members with disabilities, reflecting the entire spectrum of the various disabilities, who shall form the majority of the committee;
Comprise an equal number of women and men members;
Reflect equitable geographic distribution; and
Reflect representation of the principal legal systems.

3. Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties.

4. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.

5. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.

6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.

7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties.

8. The members of the Committee shall be eligible for re-election if re-nominated, but no person may serve more than two full terms on the Committee.

9. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.

26. Administration of the Committee

1. The Committee shall elect its officers for a period of two years. The Chair of the Committee shall be a person with a disability.

2. The Committee shall adopt its own rules of procedure.

3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting per year for a period of three weeks.

4. The meetings of the Committee shall be held at United Nations Headquarters and on a rotational basis at the offices of the regional commissions of the United Nations.

5. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.

6. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.

7. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

27. Reporting by States Parties

1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.

2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.

3. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared in consultation with non-governmental organizations with competence in the field, including organizations of persons with disabilities.

4. The Committee shall adopt any further guidelines relating to the content of the reports, which it considers appropriate.

5. A State Party which has submitted a comprehensive initial report to the Committee need not in its subsequent reports submitted in accordance with this article repeat basic information previously provided.

6. States Parties shall make a draft of their reports widely available to the public in their own country in local languages and accessible formats 6 months prior to the finalization of the report and its submission to the Secretary-General.

7. States Parties shall make their reports widely available to the public in their own countries in local languages and in accessible formats as soon as possible after the State Party has submitted its report to the Secretary-General.

28. Consideration of Reports

1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.

2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.

3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.

4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.

5. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties. Such reports shall be made available in accessible formats.

6. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.

7. Non States Parties may, on a voluntary basis, provide reports to the Committee for consideration.

29. Relationship between the Convention and Other Bodies

In order to foster the effective implementation of the Convention, to encourage coordination among relevant stakeholders and to encourage international cooperation in the field covered by the Convention:

1. The Committee shall request the specialized agencies, organs, special and thematic rapporteurs, of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.

2. The Committee shall invite representatives of specialized agencies, organs, special and thematic rapporteurs of the United Nations, as well as of intergovernmental organizations to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.

3. The Committee shall seek, as relevant, technical assistance from the specialized agencies, organs, special and thematic rapporteurs of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.

4. The Committee may recommend areas of cooperation among States Parties and other competent bodies that will facilitate the implementation of this Convention. To this end, the Committee shall make its recommendations to the Secretary-General of the United Nations.

5. The Committee shall invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.

30. Relationship between Committee and National Mechanisms

In regard to the national mechanisms, the Committee shall:

1. Advise and assist States Parties, when necessary, in their establishment and management.

2. Maintain direct, if necessary confidential, contact with the national mechanisms and offer them training and technical assistance with a view to strengthening their capacities;

3. Advise and assist them in the evaluation of the needs and the implementation of the means necessary to strengthen the protection of the human rights of persons with disabilities;

4. Make recommendations and observations to the States Parties with a view to strengthening the capacity and the mandate of the national legislation and mechanisms of implementation of the promotion and protection of the human rights of persons with disabilities;

5. Cooperate, for the promotion and protection of the rights of persons with disabilities in general, with the relevant United Nations organs and mechanisms as well as with the international, regional and national institutions or organizations working toward the strengthening of the rights of persons with disabilities and their full participation in the society, in general, and in the decision making process about their life, in particular.

31. National Human Rights Institution

1. Each State Party shall maintain, designate or establish within one year after the entry into force of this Convention of its ratification or accession, an independent national human rights institution for the promotion and protection of the rights of person with disabilities at the domestic level. Where an independent national human rights institution already exists in the State Party, its mandate shall be extended to comply with this convention and the provisions of this article shall apply with the necessary changes.

2. The States Parties shall guarantee the functional and financial independence of the national human rights institution as well as the independence of their personnel including by way of earmarked funding from the state budget.

3. The States Parties shall ensure that the composition of the national human rights institution includes majority representation of persons with disabilities, reflecting the entire spectrum of disabilities. They shall strive for a gender balance and the adequate representation of national, ethnic and minority groups.

4. States parties shall establish an advisory committee of the national human rights institution, which will include a majority of people with disabilities, reflecting the entire spectrum of disabilities. The Advisory Committee shall also include professionals, legal experts and public representatives. The Chairperson of the Advisory Committee shall be a person with disability.

5. The States Parties undertake to make available the necessary resources for the independent functioning of the national human rights institution.

6. The establishment, composition and operation of the national human rights institution shall be in compliance with the Principles relating to the State and Functioning of National Institutions for Protection and Promotion of Human Rights (the “Paris Principles”).

7. The competent authorities of the State Party concerned shall examine the recommendations of the national human rights institution and participate in dialogue with the body on measures taken to implement the provisions of this convention.

8. The national human rights institution shall be granted, at a minimum, the powers and functions to:

Make recommendations to the relevant authorities with the aim of improving the promotion and protection of the rights of persons with disabilities based on the obligations contained in this Convention and other relevant international norms.
Submit proposals and observations concerning existing or draft legislation.
Establish contact with the Committee, to submit information to the Committee and to meet with the Committee.
Conduct public awareness raising and other advocacy activities for the promotion of the rights and obligations included in the Convention.
Promote cooperation on issues related to the implementation of the Convention between all relevant bodies and stakeholders on the national and international level, including government ministries, state-funded bodies, local authorities, the private and voluntary sectors, the relevant non-governmental organizations, non-governmental organizations of people with disabilities, specialized agencies, and UN bodies.
Publish, with the relevant authorities, guidelines concerning all matters which are the subject of the Convention.
Identify the special needs of persons with disabilities and the selection of the most effective and appropriate ways to respond to these needs, including the initiation, commissioning and encouragement of research.
Promote the establishment of national quantitative data base and information centers about the rights and the relevant services in relation to persons with disabilities.
Advise about and protect persons with disabilities' rights.
Submit an annual national report on the implementation of the rights of persons with disabilities in the State Party concerned.
Investigate complaints by persons with disabilities and initiate investigations as to infringements of the rights of persons with disabilities.
Conduct mediation, arbitration and other action designed to settled disputes regarding the rights of persons with disabilities.
File legal actions in the courts and national tribunals in the Commission’s name and in the name of persons with disabilities with a view to protecting and implementing the rights of persons with disabilities.
Issue directions and orders with a view to protecting and implementing the rights of persons with disabilities.