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Contribution by Governments
Article 16, 1: replace what
currently appears with:
States parties recognize that children, especially children with disabilities,
by reason of their physical and mental immaturity, need special safeguards and
care, including appropriate legal protection, before as well as after birth,
and should be fully prepared to live an individual life in society and brought
up in the spirit of the ideals proclaimed in the Charter of the United Nations
and in particular in the spirit of peace, dignity, tolerance, freedome, equality
and solidarity.
Article 16, 2: Adjust the text, adding "their inherent" "and
worth" and "in adulthood" so that the text reads:
State parties recognize that children with disabilities should enjoy a full
and decent life, in conditions that ensure their inherent dignity and worth,
promote self reliance and autonomy in adulthood and faciliates the child's active
participation in the community.
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Draft Article 21
RIGHT TO HEALTH AND REHABILITATION
[based on the working group text]
States Parties recognize that all persons with disabilities have the right to
the enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. In particular, States Parties shall: [shortened]
a. ensure the access of persons with disabilities to primary health
care without discrimination; [Second World Assembly on Ageing, 2002]
b. [unchanged]
c. [unchanged]
d. [unchanged]
e. [unchanged]
f. encourage research [that is compatible with the respect for human
dignity and the protection of human life,] and the development, dissemination
and application of new knowledge and technologies that benefit persons with
disabilities; [Declaration on Human Cloning]
g. [unchanged]
h. provide all health and rehabilitation professionals an appropriate education
and training to increase their disability-sensitive awareness and respect for
the rights, [inherent] dignity [and worth]
and needs of persons with disabilities, in line with the principles of this
Convention;
i. ensure that a code of ethics for public and private healthcare, which promotes
quality care, openness and respect for [fundamental] human
rights, [inherent] dignity [and worth] and
autonomy [independence] of persons with disabilities,
[respect for human dignity and the protection of human life,]
is put in place nationally, and ensure that the services and conditions of public
and private health care and rehabilitation facilities and institutions are well
monitored;
j. ensure that health and rehabilitation services provided to persons with
disabilities, and the sharing of their personal health or rehabilitation
information, occur only after the person concerned has given their free and
informed consent, and that health and rehabilitation professionals inform persons
with disabilities of their relevant rights;
[j bis. Accommodate persons with disabilities in order to facilitate
the particular role that families play in providing the necessary elements of
assistance, security and nurturance]
k. prevent unwanted medical and related interventions and corrective surgeries
[that would deny the right of disabled persons to marry, bear children
and found a family];
[k. bis Protect the motherhood of women with disabilities by developing
and disseminating policies and programs for assistance based on the recognition
of the particular needs of women with disabilities in pregnancy, childbirth
and post-partum health care and child care;]
[k ter Ensure that persons with disabilities not be denied medical,
life-preserving treatment, as well as nutrition and hydration, necessary to
preserve or sustain that person’s life, regardless of method of administration
or perceived quality of life;]
l. protect the privacy of health and rehabilitation information of persons with
disabilities on an equal basis [with others];
m. [unchanged]
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