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ARTICLE 5
Promotion of positive attitude to persons with disabilities
(Revised draft prepared by the Facilitator)
8 August 2005
1. States Parties undertake to adopt immediate and effective measures to:
a) Raise awareness throughout society regarding disability and persons with
disabilities and to foster respect for their rights;
b) Combat stereotypes and prejudices in all areas of life;
c) Promote awareness of the capabilities and contributions of all persons with
disabilities, emphasizing that as members of society they share the same rights
and freedoms as all others and in a manner consistent with the overall purpose
of this Convention;
2. These measures shall include, inter alia:
a) Initiating and maintaining public awareness campaigns designed to nurture
an effective receptiveness to the rights of persons with disabilities;
b) Inculcating at all levels of the education system, including at the
early childhood stage, an attitude of respect for the rights of persons with
disabilities;
c) Encouraging all organs of the media to portray persons with disabilities
in a manner consistent with this Convention;
d) Encouraging all sections of society to develop and maintain as appropriate,
disability-sensitive awareness training programmes.
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Article 12 -
Freedom from violence and abuse
FACILITATOR´s PROPOSAL as of 3 February – to be negotiated later in the
process when the article 12 will again appear on the agenda
(To be seen in conjunction with the report of the Co-ordinator from the 5th
session)
1. States Parties shall take all appropriate legislative, administrative, social,
educational and other measures to protect persons with disabilities both within
and outside the home, from all forms of exploitation, violence and abuse.
Comment by the facilitator: Reiteration of special vulnerability of women
and children to the violence and abuse to be further discussed in connection
with the question of the general methodological approach to gender aspects of
disability in this convention.
Comment by the facilitator: 1.bis (new) – “States Parties shall take all appropriate
measures to protect the integrity of persons with disabilities on a basis of
equality with others” as well as the whole concept of informed consent from
the original paragraphs 1.bis – 1.ter to be further discussed under the Article
12 bis.
2. States Parties shall also take all appropriate measures to prevent
violence and abuse by ensuring, inter alia, appropriate forms of assistance
and support for persons with disabilities, including through the provision of
information and education on how to avoid, recognize and report instances of
violence and abuse.
3. Comment by the facilitator: Concept of situations of emergency has been moved
to the Art. 8 bis.
4. States Parties shall, in order to prevent the occurrence of violence
or abuse, ensure that all (care) facilities and programs designed to serve persons
with disabilities are (regularly and) effectively monitored by independent authorities.
5. States Parties shall take all appropriate measures39 to promote physical,
cognitive and psychological recovery, rehabilitation and social reintegration
to the persons with disabilities who became victims of any form of violence
or abuse, including through the provision of protection services. Such recovery
and reintegration shall take place in environment that fosters the health, welfare,
self-respect, dignity and autonomy of the person.
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.
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Article 16
Children with disabilities (12th August 2005)
Report to the Chairman and to the Ad Hoccommittee
The discussion of Article 16 on the children with disabilities in plenary on
2nd August 2005 generated debate that identified 5 approaches to ensuring that
concerns on the rights of children with disabilities are adequately addressed.
These were as follows:
(1.) That it is enough to refer to the rights of children with disabilities
in general clauses of the draft convention i.e the preamble and Articles 2 and
4.
(2.) That it will be good to mainstream issues relating to children with disabilities
in all the articles addressing issues that also affect children in the draft
convention.
(3.) That there is need to have a stand alone article on children with disabilities
to recognise their special vulnerabilities to also cover all the issues that
affect children with disabilities.
(4.) That we should have a combination of mainstreaming of children’s issues
in all relevant articles and also have an article on children to cover the issues
that are unique to children and cannot be included in any other articles in
the draft convention.
(5.) That It will be enough to refer to children in the general articles as
in (1) above and then specifically require, in the monitoring article, that
State Parties show how they have implemented all the provisions of the this
convention with respect to children with disabilities; the article monitoring
should also include an expert on the treaty body on matters relating children
with disability.
Two informal meetings were organised by the facilitator from Kenya on 4th and
11th August 2005 to discuss the different view points. There was continuous
communication and Informal discussions between the facilitator and individual
delegations on the different view points during this session. As a result we
had a lot of revision of positions and made tremendous progress in gaining common
ground on many of the issues.
Some of the key issues that have emerged on children with disabilities are listed
below, however there is no agreement as yet on the need to include all of them
in this convention:
1.) Because of the vulnerability of children due to their age, lack of autonomy
or legal capacity as adults, children are entitled to protection that will address
their particular situations and ensure their right to development. It is important
that this convention recognises this and makes provisions specifically address
the rights in this convention as they apply to children.
2.)The need to include the principle of equality with other children in the
application of all human rights and fundamental freedoms. This will complement
and reinforce the application of the CRC with respect to children with disabilities.
3)The need to recognise the principle of participation with respect to children
with disabilities, recognise their evolving capacities and respect their right
to express themselves and give their views in matters affecting them.
4.)The need to include the principle of “the best interest of the child” in
all actions concerning children with disabilities under this convention.
5.)The need to ensure access to justice by children with disabilities.
6.) The need to ensure access to protection services by children with disabilities.
7.) The need to protect the right of the child to registration of their birth.
8.)The need to protect the right to family life of children with disabilities
through the provision of the necessary support through information and education
of these children and their families in order to prevent the concealment, abandonment
, neglect and inappropriate institutionalisation of children with disabilities.
9.) the need to provide special care to children with disabilities who are temporarily
or permanently deprived of their family life.
10.) The need to ensure access to mainstream services by children with disabilities
on an equal basis with the other children.
11.) The need to provide services to facilitate early detection, assessment
and identification of disability and make the necessary interventions early.
12.) The need to protect children with disabilities from sterilisation.
13.) The need to provide for expertise on matters relating to children with
disabilities in the implementation of this convention.
Many delegations support the need to have provisions at the preamble, the general
clauses and other articles in the main text where applicable. There is no agreement
yet on the need for a stand alone article and what should be in that article.
The focus currently is on the substance rather than the specific language.
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Facilitator’s Text
Draft Article 17
EDUCATION
1. States Parties recognise the right of all persons with disabilities to education.
With a view to achieving this right without discrimination and on the basis
of equal opportunity, States Parties shall ensure an inclusive education [system,
including pre-school, primary, secondary, tertiary, vocational training] [at
all levels] and life-long learning, directed to:
(a) the full development of the human potential and sense of dignity and self
worth, and the strengthening of respect for human rights, fundamental freedoms
and human diversity;
(b) enabling all persons with disabilities to participate effectively in a free
society; and
(c) the development of persons with disabilities’ personality, talents, creativity
as well as mental and physical abilities to their fullest potential.
2. In realising this right, States Parties shall ensure:
(a) that all persons with disabilities can access inclusive, quality free primary
and secondary education to the extent possible in the communities in which they
live;
(b) reasonable accommodation of the person’s requirements;
(c) the development of initial and continuing training, which incorporates disability
awareness, the use of appropriate communication means and modes, educational
techniques and materials to support persons with disabilities, for all professionals
and staff who work at all levels of education; and
(d) persons with disabilities receive the support required, within the general
education system, to facilitate their effective education. In exceptional circumstances
where the general education system can not adequately meet the support needs
of persons with disabilities, States Parties shall ensure that effective alternative
support measures are provided, consistent with the goal of full inclusion.
(e) that persons with disabilities are not excluded from the general education
system on account of their disability, and that [children with disabilities
are not excluded from free and compulsory primary and secondary education on
account of their disability].
3. States Parties shall enable persons with disabilities to learn life and social
development skills to facilitate their full and equal participation in education
and as members of the community. To this end, States Parties shall:
(a) facilitate the learning of Braille, alternative script, orientation and
mobility skills, peer support and mentoring;
(b) facilitate the learning of sign language and the promotion of the linguistic
identity of the Deaf community; and
(c) ensure that the education of [children with disabilities] [children who
are deaf, deaf/blind, and blind] is delivered in the most appropriate languages
and modes of communication for the individual, and in environments which maximise
academic and social development.
4. States Parties shall take appropriate measures to ensure quality education
to students with sensory disabilities by ensuring the employment of teachers
who are fluent in sign language or Braille.
5. States Parties shall ensure that persons with disabilities may access general
tertiary education, vocational training, adult education and lifelong learning
without discrimination and on the basis of equality of opportunity. To that
end, States Parties shall render appropriate support to persons with disabilities.
Facilitator’s Comments
Qualifying language that denotes progressive realisation has been avoided. It
is intended that these obligations will be clearly defined within Article 4
(General Obligations), thus eliminating the requirement for qualifying language
within substantive articles.
The equality provisions in the chapeau may need reworking in light of agreement
of the overall approach to be taken throughout the convention.
The term ‘linguistic identity’ has been used to be consistent with other existing
international law provisions.
Revisions were made to 1(d) based on feedback provided by governments and NGOs
in the meeting held on August 11 regarding the need to tighten the exception
in that provision.
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August 12th 2005
Draft article 19- ACCESSIBILITY 1
1.States Parties to this Convention shall take appropriate and effective2
measures to ensure accessibility to the physical3
environment, housing, all forms of transportation, information and communications,
including information and communications technologies, and to other services,
to persons with disabilities on basis of equality with others, by identifying
and eliminating [existing and preventing future] barriers4
, including inter alia architectural, sensorial and cultural barriers, in order
to enhance the capacity of persons with disabilities to live independently and
to participate fully in all aspects of life. [These measures shall include,
inter alia:
(a) The construction and renovation of public buildings, roads and other facilities
to which the members of the public have the access, including schools, housing,
medical facilities, in door and out-door facilities, and workplaces;
(b) The development and remodelling of public transportation facilities, including
vechicles, and of information and communications and other services, including
electronic services.]5
2. States Parties shall take appropriate measures to, inter alia:
[(a) Provide in buildings and facilities to which the members of the public
have the access the visual and tactile signaling, use of international accessibility
symbols, signage in Braille and easy to read and understand forms to orient
persons with disabilities;
(b) Provide qualified personnel to assist and guide persons with disabilities
in buildings and facilities to which the members of the public have the access,
including guides, readers and sign language interpreters, in order to facilitate
accessibility to the above- mentioned buildings and facilities;]6
(c) Promote mobility for persons with disabilities by facilitating their access
to suitable and appropriate accessibility assistive technologies;7
(d) Develop, promulgate and monitor implementation of minimum national standards
and guidelines for the accessibility of buildings, facilities and services to
which the members of the public have the access;8
(e) Promote the development, availability and use of universally designed goods,
services, equipment and facilities to meet the specific needs of persons with
disabilities and promoting universal design in the development of standards
and guidelines;
(f)[Require] / [Encourage] private entities that provide facilities and services
to which members of the public have the access, to [ensure full] / [take into
account all aspects of] accessibility of the above- mentioned facilities and
services for persons with disabilities;9
(h) Ensure that accessible information and communication technologies, including
new information and communication technologies and systems, be designed, developed,
produced and distributed at an early stage so that the information society becomes
inclusive for persons with disabilities.
Footnotes:
1. Majority of delegations were strongly in favor of moving article on accessibility closer to the article on non- discrimination and equality. Some favored inclusion of concepts of accessibility and barrier- free society in article 2 on general principles. The Ad Hoc Committee may wish to consider these issues further.
2. Some delegations were in favour of inserting
reference to progressive realization in this paragraph and in the chapeau of
paragraph 2. Other members were concerned with consistency with other articles
of the Convention, opposed the insertion and favoured addressing the issue in
a more general manner. The Ad Hoc Committee may wish to consider alternative
formulations.
3. The Ad Hoc Committee may wish to consider
whether the term “physical” should be used instead of “built”, which is its
near synonym in this context. The Ad Hoc Committee may wish to consider the
issue further.
4. Some delegations found this wording too
detailed, felt that the issue is adequately covered in the 19(2)(e) and thus
should be deleted here, while other delegations welcomed such elaboration in
19(1). The Ad Hoc Committee may wish to consider the issue further.
5. Some delegations found the 2 sub- paragraphs
too detailed and suggested their deletion, while the others were in favor of
retaining them.
6. Some delegations found the 2 sub- paragraphs
too detailed and suggested their deletion, while the others were in favor of
retaining them.
7. One delegation expressed concern that
there is no reference to technologies and devices that would facilitate and
ensure access to information and communication. Another delegation felt this
sub- paragraph would be more appropriately placed in article 20 on personal
mobility.
8. The Ad Hoc Committee may wish to consider
whether the issue of providing training on accessibility for all the stakeholders
in cooperation with persons with disabilities and their representative organizations
shall be better addressed here in a more specific way, or in a more general
provision on training of relevant stakeholders in all disability- related matters
in the article on general obligations.
9. Some delegations were strongly in favor
of providing for more strict obligations on private entities while the other
delegations cautioned against prescribing for something that would be impossible
to implement in practice. It was impossible to reach an agreement in the informal
meetings and the text in brackets depicts that fact. The Ad Hoc Committee should
consider this issue further.
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Draft Article 21
Right to Health1
States Parties recognise that all persons with disabilities have the right to
the enjoyment of the highest attainable standard of physical and mental health
without discrimination on the basis of disability. States Parties shall take
all appropriate and effective measures to ensure access for persons with disabilities
to health services, including health-related rehabilitation. In particular,
States Parties shall:
a. provide persons with disabilities with the same range and standard of (health-care
services as provided others, including in the field of sexual and reproductive
health) ;2
b. provide those health services needed by persons with disabilities specifically
because of their disabilities, including those designed to minimize and prevent
further disability ;3
c. provide these health services as close as possible to people's own communities;
d. require health professionals to provide care of the same quality to persons
with disabilities as to others by raising awareness of the human rights, dignity
and worth, autonomy and needs of persons with disabilities through training
and the promulgation, in consultation with all concerned parties, including
persons with disability, of ethical standards for public and private healthcare.
21 bis Rehabilitation and Habilitation 4
1. States Parties shall take effective and appropriate measures to enable persons
with disabilities to attain their maximum independence and functioning and support
their full inclusion and participation in all aspects of life. To that end,
States Parties shall organize, strengthen and extend comprehensive rehabilitation
and habilitation services, in particular in the areas of health, employment,
education and social services, in such a way that
(a) rehabilitation and habilitation services and programmes begin at the earliest
possible stage, and are based on the multidisciplinary assessment of individual
needs;
(b) rehabilitation and habilitation services and programmes are available as
close as possible to people’s own community, including rural areas, and in support
of community -based rehabilitation.
2. States Parties shall promote the development of initial and continuing training
for professionals and staff working in rehabilitation and habilitation services.
Footnotes:
1. The title was not discussed at this stage. In addition, some delegations suggested the inclusion of free and informed consent. Others thought it could be broadly dealt with in other articles such as 3 and/or 9. Another suggestion was made to prohibit “denial of nutrition and medical, life preserving treatment”. However, this suggestion was not agreeable to others as it was overly detailed and descriptive and some elements of the suggestion might be dealt with elsewhere i.e. article 11 on torture.
2. There were conflicting views on the
mention of sexual and reproductive health services and, therefore, further discussion
is required.
Many delegations found it very essential to include it; otherwise issues such as cervical screening would be missed.
3. Few delegations requested more clarification
of “to minimize and prevent further disability”.
4. The article is proposed without prejudice
to the incorporation of its elements into other relevant articles. At the same
time, subject to an agreement on a separate article on rehabilitation, some
delegations preserved their rights to comment on its content in due course.
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11th August 2005
Draft Article 22: RIGHT TO WORK
Facilitator’s Proposal
States Parties recognize the right to work of all persons with disabilities
of lawful working age, on an equal basis with others; this includes the opportunity
to gain a living by work freely chosen or accepted , with a view to protecting
persons with disabilities from poverty, in a labour market and work environment,
whether in the public, private, or any other sector, which is open, inclusive
and accessible to persons with disabilities.
In order to safeguard and promote the realization of the right to work , States
Parties shall take all appropriate steps including by way of legislation and
shall in particular:
a. prohibit discrimination on the basis of disability in all matters connected
with employment;
b. require reasonable accommodation of persons with disabilities in the workplace
and work environment;
c. ensure appropriate representation for persons with disabilities in government
ministries and require appropriate representation in the workforce of the public
sector and of large private sector employers;
d. protect the right of persons with disabilities in all forms of employment,
to equal application of employment protection laws and standards, in particular
equal remuneration for work of equal value;
e. encourage employers to hire and retain persons with disabilities, by way
of such measures as the promotion of affirmative action programs, and the provision
of financial incentives and support;
f. enable persons with disabilities to have effective access to general technical
and vocational and career guidance programs, employment counseling and placement
services, supplemented by information in accessible formats on rights and obligations
under labour-related law and other forms of labour regulation;
g. promote equal employment opportunities and career advancement for persons
with disabilities in the open labour market, including opportunities for self-employment
and starting one's own business and the promotion and provision of assistance
in finding, obtaining and maintaining and returning to employment, including
vocational and professional training and transition programmes;
h. take all possible measures to replace alternative forms of employment with
employment in the open labour market, and to the extent that alternative forms
exist, ensure that they are adequately resourced, in conditions that provide
opportunities for vocational advancement and facilitate the move into the open
labour market and that employment protection laws and standards apply;
i. promote recognition of the skills, merits, abilities and contributions of
persons with disabilities to the workplace and the labour market, and combat
stereotypes and prejudices about persons with disabilities in the workplace
and the labour market.
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As of 12 August 2005
Facilitator’s draft
Article 24
Participation in cultural life, recreation, leisure and sport
1. States Parties recognize the right of all persons with disabilities to participate
on an equal basis with others in cultural life, and shall take all appropriate
measures to ensure that persons with disabilities:
(a) Have the opportunity to develop and utilize their creative, artistic and
intellectual potential, not only for their own benefit, but also for the enrichment
of their community;
(b) Enjoy access to literature and other cultural materials in all accessible
formats;
(c) Enjoy access to television programmes, films, theatre and other cultural
activities, in all accessible formats;
(d) Enjoy access to places for cultural performances or services including tourist
sites.
Facilitator’s note:
(1) It might be possible to merge (B) and (C) if the content is well kept.
(2) Long lists of examples were taken out provided that they must be mentioned
some where in the convention, such as article 13 and 19.
(3) It is still not clear whether (a) should stand on its own as 1 bis. More
consultation is needed.
2. States Parties shall take all appropriate steps to ensure that laws protecting
intellectual property rights [copyright] do not constitute an unreasonable or
discriminatory barrier to access by persons with disabilities to cultural materials,
[while respecting the provisions of international law].
Facilitator’s note:
(1) More investigation is needed to choose between intellectual property rights
or copyright, taking into account the best interest of PWDs.
3. Persons with disabilities belonging to ethnic, religious or linguistic minorities
or indigenous groups shall be entitled, on an equal basis with others, to recognition
and support of their specific cultural and linguistic identity, including deaf
cultures and sign languages.
Facilitator’s note:
(1) Additional text on religion may not be suitable here since it is not about
freedom of religion, but more about discriminatory practice against persons
on the basis of his/her disability.
4. States Parties recognize the right of persons with disabilities, on an equal
basis with others, to participate in recreational, leisure and sporting activities
and shall take appropriate measures to:
(a) Encourage and promote the participation, to the fullest extent possible,
of persons with disabilities in mainstream sporting activities at local, regional,
national and international levels;
(b) Ensure that persons with disabilities have an opportunity to organize and
participate in disability-specific sporting activities and to receive instruction,
training and resources in support that is available to other participants;
(c) Ensure that children with disabilities enjoy the right to play and have
access to participating in leisure, recreational and sporting activities on
an equal basis with others, including within the education system;
(d) Ensure that persons with disabilities have access to sporting and recreational
venues and services from those involved in the organization of recreational,
leisure and sporting activities.
Facilitator’s note:
(1) More consultation is needed to decide whether this whole paragraph should
stand on its own as an article.
(2) Further investigation is needed to determine whether the Mexican Delegation’s
proposed paragraph 5 should be part of cultural life or part of sporting activities
or should stand on its own.
Mexico’s proposal: 5. Promote that persons with disability have access to services
from those involved in the tourism industry.
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Article 24 bis International Cooperation
States Parties shall promote international cooperation and undertake to take
appropriate measures in coordination with each other, as well as with international
and regional organizations and other stakeholders, for the realization of the
purposes of this convention.
International cooperation shall include, inter alia:
a) Exchange of information concerning best practices on measures, legislation,
national policies, programmes and projects to implement the present convention
and on the progress and challenges faced in this regard;
b) Increasing public awareness on disability and the full and equal enjoyment
of human rights and fundamental freedoms by persons with disabilities;
c) Ensuring that international cooperation programmes are inclusive to persons
with disabilities;
d) Encouraging the provision of technical cooperation and economic assistance
to developing countries, including transfer of technology;
e) Promoting research and application of accessible technologies, including
assistive technologies for persons with disabilities;
f) Conducting training courses, seminars, workshops and research;
g) Supporting and develop capacity building for the full implementation of this
convention.
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