Proposals to the draft text - Japan

Art.2
(same as retained in the round brackets on the draft text)

Art.4-1(a)
-same as retained in the round / square brackets on the draft text, which read s as follows:

"to respect and ensure the rights set forth in the present Convention, and to adopt appropriate legislative and other measures to amend..."

(rationale) The wording of the original text is different from that of existin g human rights instruments which could be interpreted as generating different legal effects, as this article 4 is dealing with State Parties' general obliga tions. To avoid such misunderstanding, it should be tailored by using the wor ding of principal human rights conventions. The proposed text is based on CRC Art.2-1, and CEDAW Art.2(b).

Art.4-1(g)
-same as retained in the round brackets on the draft text.

Art. 7-5
-as in the square brackets, we propose to delete whole language after the word Convention (in line 3) "but shall in no way entail as a consequence the maint enance of unequal or separate standards....(to the end)"

(rationale) We are of the opinion that there should exist some positive action s, even with reasonable accommodations, to accommodate persons with severe dis abilities. These measures should not be necessarily temporary, as in the case of the protection of maternity stipulated in article 4-2 of the CEDAW.

For this reason, it is acceptable for us to formulate as follows, instead of deleting all as proposed above:

"those measures should be discontinued when they are no longer justified in li ght of the objectives of equal opportunity and treatment."

Art.9(g)
The Japanese Government wishes to make slight modification to our proposal made in the 3rd Ad Hoc Committee in order not to be interpreted as generating special rights that persons without disabilities could not enjoy in this context:

"Take appropriate and effective measures to eliminate physical and communication barriers and to reduce understanding difficulty of persons with disabilities in order to exercise the rights provided in Article 14 of the International Covenant on Civil and Political Rights." (Modification made in the part "in order to exercise... Political Rights.")

Art.13(a)
-As retained in the parentheses on the draft text, we propose to use "Taking a ppropriate steps to provide..." at the beginning of this subparagraph in order to take into account the fact that immediate and complete implementation of a ll these measures are not always possible for every state party. In this rega rd, instead of using above wording, it is also possible to put the wording "pr ovide...to the maximum of its available resources" as used in the Article 2 of the International Covenant of Economic, Social and Cultural Rights.

Art.13(f)&(g)
- As these subparagraphs dealing with private sector, we prefer to use "Encour aging" as in the original draft, rather than "Obliging" or "Ensuring."

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.