Proposals to the draft text - Thailand

Proposed changes to article 4
By Thai delegation
To the chairman of the Ad Hoc Committee

Para. 1
(F) Promote and, where appropriate, undertake the research, development, production, application and dissemination of new technologies, including assistive technologies, in order to make available to persons with disabilities goods, services, equipment and facilities accessible to them and aimed at their fullest inclusion in society, based on the principle of universal design

New para. 4
Obligations in relation to remedies

1. Each State Party to this Convention undertakes:

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

To ensure that any person claiming such a remedy shall have his or her right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination; and

To ensure that the competent authorities shall enforce such remedies when granted.

Proposed text to be added in article 4
By Thai delegation

1. (G) To ensure that any use of public funds and public procurement should be consistent with the purpose and obligations of this Convention

Rationale:
One of the best ways for public authorities to ensure that private entities comply with the objectives of the Convention is by making accessibility requirements a condition for access to public funding.

Some examples could be:

- private organisations which provide employment services, vocational training services which are partly or totally funded by public money, should be obliged to provide these services in an accesible way for persons with disabilities.

- public authorities launching a public tender for the purchase of hard and software should include accessibility requirements as a compulslory requirement for any company intending to bid for these tenders.

Examples of this can be found in many countries, including the US (Section 508)and the European Union (new public procurement legislation) This basically means that public funding should not be used to continue establishing barriers for persons with disabilities.

Proposed amendment to draft article 6
By Thai delegation

Article 6
2. Lack of adequate disability statistics and data collection shall be in no way a condition for not implementing this convention.

(This proposal may be considered as second paragraph of article 6)