Back to: Contributions
by Governments
Ad Hoc Committee Main
Contribution by Governments
Costa Rica
Proposed Modifications to Draft Article 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
Costa Rica- Draft Article 9
EQUAL RECOGNITION AS A PERSON BEFORE THE LAW
States Parties shall:
a. Recognize persons with disabilities as individuals with equal
rights and obligations before the law [from proposals
by Mexico and EU]
b. Recognize the legal capacity of persons with disabilities on an equal
basis with others in all fields [new language based on ideas of WG]
c. Ensure that where assistance is necessary to exercise that legal
capacity:
i. Such assistance is adequate to meet the person’s requirements and
does not undermine his/her rights and freedoms [from proposals by
WG and Uganda]
ii Relevant decisions are taken by a competent, independent and impartial
authority in accordance with a procedure established by law and with
the application of relevant legal safeguards, including provisions
for periodic review [from proposals by EU and Costa Rica]
d. Take all necessary measures to ensure everyone whose rights and freedoms
as recognized in this convention are violated should have an effective
remedy before a national authority, notwithstanding that the violation
has be committed in an official capacity [from proposal by Costa Rica,
this could be placed elsewhere]
Delete paras d), e), f) and g) of the proposal by Japan because their
content is already covered in this proposal and also in art. 19.
|
