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Contribution by Governments
DRAFT ARTICLE 15 BIS
Women with disabilities
1. States parties recognize that women and girls with disabilities are subject
to multiple discrimination and that focused gender specific measures (including
protective measures) will be necessary to ensure that women and girls with disabilities
enjoy all human rights and fundamental freedoms on the basis of equality with
others.
2. States parties shall undertake measures to specifically increase education,
awareness creation and access to information on issues unique to women, especially
those that discriminate and marginalize, particularly women with disabilities,
including but not limited to:
a. Single parenthood;
b. Negative cultural practices;
c. Negative religious beliefs and practices; and
d. Reproductive health.
3. States parties guarantee equitable participation and representation of women
with disabilities in all democratization processes and all decision-making levels.
4. States parties undertake to address the special needs and provide necessary
support, security, safety, and counselling for women with disabilities in situations
of civil or natural calamities.
5. States parties undertake to ensure sustainable livelihood for women with
disabilities by adopting and implementing appropriate policies and legislative
measures that guarantee and enhance their access to and ownership of land and
other property, access to credit , gainful employment and social security.
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Draft Article 16
CHILDREN WITH DISABILITIES 1
1. States Parties undertake to ensure that each child with a disability within
their jurisdiction shall enjoy, without discrimination of any kind on the basis
of disability, the same rights and fundamental freedoms as other children.
2. States Parties shall ensure that children with disabilities enjoy a full
and decent life, in conditions that ensure dignity, promote self-reliance and
autonomy, and facilitate the child's active participation in the community.
3. States Parties recognise the right of children with disabilities to inclusive
care, which shall include:
(a) early detection, intervention and provision of appropriate and comprehensive
services;
(b) the extension, subject to the maximum extent of available resources, to
the eligible child and those responsible for his or her care, of assistance
for which application is made and which is appropriate to the child's condition
and to the circumstances of the parents or others caring for the child;
4. Recognising the needs of children with disabilities, assistance extended
in accordance with paragraph 3 of the present article shall be provided free
of charge, whenever possible, taking into account the financial resources of
the parents or others caring for the child and shall be designed to ensure that
a child with a disability has effective access to and receives education, training,
health care services, comprehensive [re]habilitation services, preparation for
employment and recreation opportunities in a manner conducive to the child's
achieving the fullest possible social integration and individual development,
including his or her cultural and spiritual development;
5. Children with disabilities and their parents or other persons caring for
or legally responsible for the child shall be provided with appropriate information,
referrals, training , and counselling, and skills made available in these ways
shall aim at providing them with a positive view of their potential and right
to live a full and inclusive life.
(5) bis. States parties recognise the particular vulnerabilities of children
with disabilities to sexual abuse and exploitation, and shall ensure their protection.
(6) bis. States parties undertake to give particular attention to children with
disabilities who are infected or affected by illnesses of a terminal nature
or illnesses or conditions which tend to encourage social stigmatisation. States
parties will provide such children with affordable and accessible life-saving
drugs and treatment.
Footnotes:
1. Paragraphs 2, 3 and 4 of this draft Article are based on Article 23 of the Convention on the Rights of the Child. That Article is a specific elaboration of disability issues in a Convention on children that does not otherwise deal with disabilities. Draft Article 16 of this text, however, is a specific elaboration of children’s issues in a convention where the rest of the text does deal with disabilities. Duplicating Article 23 in this context, therefore, may not adequately deal with the issues faced by children with disabilities. The Ad Hoc Committee may wish to revisit this draft Article so that it instead covers issues that affect children with disabilities, but which have not been dealt with elsewhere in the Convention. Examples could include the vulnerability of children with disabilities to sexual abuse and exploitation, of refugee children with disabilities, and of orphan children with disabilities.
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Draft Article 17
EDUCATION 1
1. States Parties recognise the right of all persons with disabilities to education
on an equal basis with others. With a view to achieving this right progressively
and on the basis of equal opportunity, the education of children2
and adults with disabilities shall be directed to:3
(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;
(c) the development of the person’s personality, talents, spiritual, social
and mental and physical abilities to their fullest potential;
(d) take into account the best interests of the person, in particular by individualising
education plans;
2. In realising this right, States Parties shall ensure:
(a) that all persons with disabilities can choose inclusive and accessible education
in their own community (including access to early childhood and pre school education),
but shall not be obliged to attend general schools where their needs may not
be adequately met;4
(b) the provision of required support, including the specialised training of
teachers,5 school counsellors and psychologists,
an accessible curriculum, accessible teaching medium and technologies, alternative
and augmentative communication modes, alternative learning strategies, accessible
physical environment, or other reasonable accommodations to ensure the full
participation of students with disabilities;
(b) that no child with disabilities is excluded from free and compulsory primary
education on account of their disability.
3. States Parties shall ensure that where the general education system does
not adequately meet the needs of persons with disabilities special and alternative
forms of education6 should be made available.
Any such special and alternative forms of education should:7
(a) reflect the same standards and objectives provided in the general education
system;
(b) be provided in such a manner to allow children with disabilities to participate
in the general education system to the maximum extent possible;8
(c) allow a free and informed choice between general and special systems;
(d) in no way limit the duty of States Parties to continue to strive to meet
the needs of students with disabilities in the general education system.
4. States Parties shall ensure that persons with sensory disabilities have access
to and may be taught using alternative modes of communication, including sign
language or Braille, as appropriate, and to receive the curriculum in the appropriate
mode of communication. States Parties shall take appropriate measures to ensure
quality education to students with sensory disabilities by ensuring the employment
of teachers who are competent in sign language, Braille or other appropriate
modes of communication.9
5. States Parties shall ensure that persons with disabilities have access to
general tertiary education, vocational training, adult education and lifelong
learning on an equal basis with others.
Footnotes:
1. The
Ad Hoc Committee may wish to consider whether this draft Article should cover
training more extensively, drawing together the provisions on training in other
Articles.
2. The Ad Hoc Committee may wish to consider
whether the focus of the chapeau should be solely on ‘children’, since other
provisions of this draft Article refer to ‘persons’ with disabilities.
3. Paragraph 1 of this draft Article draws
on Article 13(1) of the Covenant on Economic, Social and Cultural rights and
Article 29(1) of the Convention on the Rights of the Child. It does not quote
those sources in full, but rather selects those elements that have particular
relevance to persons with disabilities. The Ad Hoc Committee may wish to give
further consideration to this approach.
4. The intent of this draft Article is
to provide the right to choose inclusive and accessible education. There is
no intention to create an obligation on students with disabilities to attend
general schools where their needs may not be adequately met. The Ad Hoc Committee
may wish to consider whether the wording of this paragraph is sufficiently clear.
5. The Ad Hoc Committee may wish to consider
whether this draft Article should also include the employment of teachers with
disabilities in the general education system (see, for example, Article 10(d)
of the Indian draft convention), the removal of legislative barriers to persons
with disabilities becoming teachers, and raising awareness among teachers of
the needs of children with disabilities.
6. The term ‘learning’ does not have the
same meaning as the term ‘education’. The Ad Hoc Committee may wish to consider
which is the most appropriate word. An alternative word in this paragraph could
be ‘provision’.
7. While members of the Working Group considered
that choice was an important element of this paragraph, some members considered
that the right to education was more important. Other members would have liked
greater emphasis on the interests of the child in this choice.
Different approaches were also identified to setting out the relationship between
the provision of specialist education services and the general education system.
Some members considered that education of children with disabilities in the
general education system should be the rule, and the provision of specialist
education services the exception. Others thought that specialist education services
should be provided not only where the general education system is inadequate,
but should rather be made available at all times without a presumption that
one approach is more desirable than the other. Some members of the Working Group,
for example, highlighted the need for deaf and blind children to be allowed
to be educated in their own groups. If the latter approach is taken, the Working
Group considered that there should still be an explicit obligation on the state
to make the general education system accessible to students with disabilities,
without limiting the individual’s ability to choose either the general system
or the specialist services.
8. The intention of this sub-paragraph
is to ensure that the general education system and specialist education services
are not mutually exclusive options, and that there is a range of options in
between that are available.
9. Some members of the Working Group preferred
to keep this paragraph specific to children with sensory disabilities to allow,
for example, deaf children to be taught in sign language. Other members questioned
whether it should be broadened to include all children who may need alternative
communication modes. In either case, there was agreement that wherever sign
language, Braille, or alternative communication systems are taught and used,
it should be in addition to, and not instead of, the teaching of written or
spoken national languages. The Ad Hoc Committee may also consider whether this
issue could be addressed in draft Article 13 on freedom of expression and opinion.
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Draft Article 18
PARTICIPATION IN POLITICAL AND PUBLIC LIFE
States Parties recognise the political rights of persons with disabilities,
without discrimination, and undertake to:
(a) actively promote an environment in which persons with disabilities can effectively
and fully participate in political and public life, directly or through freely
chosen representatives, including the right and opportunity of persons with
disabilities to vote and be elected, and by ensuring that voting procedures
and facilities:
(i) are appropriate, accessible and easy to understand;
(ii) protect the right of persons with disabilities to vote by secret ballot;
and
(iii) allow, where necessary, the provision of assistance in voting to persons
with disabilities by a person of their choice;
(b) actively promote a policy, legislative and administrative environment in
which persons with disabilities can effectively and fully participate in the
conduct of public administration, and shall encourage, as appropriate, their
participation in public affairs, including to:1
(i) participate on a basis of equality in the activities and administration
of political parties and civil society organisations;
(ii) form and join organisations of persons with disabilities to represent persons
with disabilities at international, national, regional and local levels;
(iii) participate in all the state’s governance organs;
(iv) take all appropriate measures to ensure that persons with disabilities,
without any discrimination, have the opportunity to represent their governments
and to participate in the work of international organisations.
(c) to ensure that persons with disabilities and their organisations participate,
on an equal basis to others, in all decision-making processes, in particular
those concerning issues relating to persons with disabilities.2
(d) Enable persons with disabilities to participate in the formulation, implementation,
monitoring and evaluation of plans and programmes for local, national and international
development, which may affect them.
Footnotes:
1. The
Ad Hoc Committee may wish to consider the differing levels of obligations that
are appropriate for state and non-state organs in this paragraph.
2. The Ad Hoc Committee may wish to consider
paragraph (c) alongside the similar provision in draft Article 4(2) of this
draft, and whether both provisions are necessary. The Ad Hoc Committee may also
wish to compare both paragraphs to Article 6(b) of ILO Convention 169 and Rule
14 of the Standard Rules.
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Draft Article 19
ACCESSIBILITY
1. States Parties to this Convention shall take appropriate1
measures, to the maximum extent of available resources, to identify and eliminate
barriers, and to ensure accessibility for persons with disabilities to the physical2
environment, to transportation, to information and communications, including
information and communications technologies, and to other services,3
in order to ensure the capacity of persons with disabilities to live independently
and to participate fully in all aspects of life. The focus of these measures
shall include, inter alia:
(a) the construction and renovation of4
buildings for public use, roads and other facilities for public use, including
schools, housing, medical facilities, in door and out-door facilities and workplaces;
(b) the development and remodelling of transportation facilitiesfor public use,
communications and other services, including electronic services.
2. States Parties shall also take appropriate measures to:
(a) provide or require provision in buildings and facilities for public use
signage in Braille and easy to read and understand forms;
(b) provide or require provision of other forms of live assistance5
and intermediaries,6 including guides,
readers and sign language interpreters, to facilitate accessibility to buildings
and facilities for public use;
(c) develop, promulgate and monitor implementation of minimum national standards
and guidelines for the accessibility of buildings, facilities and services open
to, or for public use, in partnership with organisations of and for persons
with disabilities;
(d) require private entities that provide public facilities and services to
take into account all aspects of accessibility for persons with disabilities;
(e) undertake and promote research, development and production of new assistive
technologies, giving priority to affordably priced technologies;
(f) promote universal design and international cooperation in the development
of standards, guidelines and assistive technologies;
(g) ensure organisations of persons with disabilities are consulted at all stages
as standards and guidelines for accessibility are being developed;
(h) provide training for all stakeholders on accessibility issues facing persons
with disabilities.
Footnotes:
1. Some
members of the Working Group preferred the word “progressive” in this paragraph
and in the chapeau of paragraph 2. Other members were concerned with consistency
with other articles of the Convention. The Ad Hoc Committee may wish to consider
alternative formulations.
2. 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.
3. The Ad Hoc Committee may wish to consider
further the issue of attempting to list comprehensively the facilities and services
covered in the chapeau to this paragraph, including whether a reference to the
“communications environment” is desirable.
4. The Ad Hoc Committee may wish to consider
the scope of the provisions in this draft article, in particular paragraphs
1(a) and (b), and 2(a), (b), (c) and (d). The Working Group questioned whether
the concept of public buildings, facilities and services should also extend
to privately owned or developed buildings, facilities and services intended
for public use, and what level of obligation States Parties should place on
private owners or developers to ensure access to persons with disabilities.
Some members of the Working Group were of the view that privately owned or developed
buildings, facilities and services should be covered by the obligations in this
draft Article, but other members wished to consider the implications of this
further.
5. ‘Live assistance’ includes human assistance,
such as guides and readers, and animal assistance, such as guide dogs. The Ad
Hoc Committee may wish to consider whether there is a more self explanatory
term. The term is also used in draft Article 20(a).
6. ‘Intermediaries’ means people who do
not assist but who rather act as a conduit for the transmission of information
to certain groups of persons with disabilities, for example, sign language interpreters
for the hearing impaired. The term is also used in draft Article 20(a).
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Draft Article 20
PERSONAL MOBILITY 1
States Parties to this Convention shall take effective2
measures, to the maximum extent of available resources, to ensure mobility with
the greatest possible independence for persons with disabilities, including:
(a) facilitating access by persons with disabilities to high-quality mobility
aids, devices, assistive technologies and forms of live assistance and intermediaries,
including by making them available at affordable or subsidised cost, or where
possible free of charge;
(b) promoting universal design for mobility aids, devices and assistive technologies
and encouraging private entities which produce these to take into account all
aspects of mobility for persons with disabilities;
(c) undertaking and promoting research, development and production of new mobility
aids, devices and assistive technologies;
(d) providing training in mobility skills to persons with disabilities and to
specialist staff working with persons with disabilities;
(e) ensuring that personal mobility programmes are designed in such a way that
persons with disabilities using the programmes have a decisive influence on
the way in which the programmes are delivered;
(f) providing information to persons with disabilities about mobility aids,
devices, assistive technologies and other forms of assistance and services;
(g) promoting awareness about mobility issues for persons with disabilities.
Footnotes:
1. This
draft Article is entitled Personal Mobility to distinguish it from the broader
right to liberty of movement in Article 12(1) of the International Covenant
on Civil and Political Rights. The Ad Hoc Committee may wish to consider the
placement of elements of this draft Article, in particular sub-paragraphs (a),
(b) and (c).
2. Some members of the Working Group preferred
the word “progressive” or “appropriate”. Other members were concerned with consistency
with other articles of the Convention. The Ad Hoc Committee may wish to consider
alternative formulations.
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DRAFT ARTICLE 20 BIS
LIBERTY OF MOVEMENT
States Parties to this convention shall take effective measures to respect and
ensure the rights of all persons with disabilities to liberty of movement on
an equal basis with others, including by:
a. Ensuring that persons with disabilities have the right to a nationality and
the right to change it, and are not deprived of their nationality arbitrarily
on the basis of disability;
b. Ensuring that persons with disabilities are not deprived on the basis of
disability of their ability to posses and utilize documentation of their nationality
or other documentation of identification that may be needed to facilitate exercise
of the right to liberty of movement;
c. Ensuring the accessibility to persons with disabilities of any processes
relevant to the enjoyment of the right to liberty of movement, such as immigration
proceedings, including through the removal of physical and communication barriers
and the provision of reasonable accommodation;
d. Ensuring that persons with disabilities have the right to leave any country,
including their own;
e. Facilitating the freedom of movement of persons with disabilities in the
manner and at the time of their choice, and at affordable cost.
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Draft Article 21
RIGHT TO HEALTH 1
States Parties recognise 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. States Parties shall ensure no person with a disability
is deprived of that right, and shall take all appropriate and effective measures
to ensure access2 for persons with disabilities to free or
affordable health services. In particular, States Parties shall:
(a) provide persons with disabilities with the same range and standard of health
services as provided other citizens, including sexual and reproductive health
services;
(b) Ensure that health services needed by persons with disabilities specifically
because of their disabilities are provided, including prevention and protection
against secondary disabilities;
(c) endeavour to provide these health services as close as possible to people’s
own communities;3
(d) Undertake and encourage the development of sufficient numbers of health
professionals, including persons who have disabilities, covering all disciplines
needed to meet the health needs of persons with disabilities, and ensure they
have adequate specialised training;
(e) provide all health professionals an appropriate education and training to
increase their disability-sensitive awareness and respect for the rights, dignity
and needs of persons with disabilities;6
(f) ensure that a code of ethics for public and private healthcare, that promotes
quality care, openness and respect for the human rights, dignity and autonomy
of persons with disabilities, is put in place nationally, and ensure that the
services and conditions of public and private health care facilities and institutions
are well monitored;
(g) ensure that health services provided to persons with disabilities, and the
sharing of their personal health information,7 occur only after
the person concerned has given their free and informed consent,8
and that health professionals inform persons with disabilities of their relevant
rights;9
(h) prevent unwanted medical and related interventions and corrective surgeries
from being imposed on persons with disabilities;10
(i) protect the privacy of health information of persons with disabilities on
an equal basis;11
(j) promote the involvement of persons with disabilities and their organizations
in the formulating of health legislation and policy as well as in the planning,
delivery and evaluation of health services.12
Footnotes:
1.
Some members of the Working Group considered that grouping ‘rehabilitation’
with ‘health’ was inappropriate, and that it would be better dealt with in a
separate article, because ‘rehabilitation’ includes more than ‘medical rehabilitation’,
and should not be ‘medicalised’. Rehabilitation includes medical, physical,
occupational, communication and psycho-social services as well as training in
everyday skills and mobility. The term ‘rehabilitation’ as used here includes
those processes sometimes called ‘habilitation’ (the gaining of skills that
people have not previously had, rather than the re gaining of skills lost).
The Ad Hoc Committee may wish to include an explanation of this nature in draft
Article 3 on definitions. Rehabilitation for the purposes of work and education
may be best covered in the relevant draft Articles on work and education.
2. Some Working Group members suggested
affordability, and access to health insurance by persons with disabilities without
discrimination on the basis of disability, should be addressed in the Convention.
3. There was general agreement in the Working
Group that, as far as possible, health care and rehabilitation services should
be decentralised, taking into account the degree of specialisation. Some members
of the Working Group also suggested that community based rehabilitation programmes
should be ensured, including the working in partnership with local communities
and families to continue rehabilitation.
6. Part of the intent of this paragraph
is to ensure that health and rehabilitation professionals providing services
to persons with disabilities understand the on-going effect disabilities have
on a person’s life, as opposed to more immediate medical considerations.
7. Privacy issues have been also addressed
in draft Article 14 on the right to privacy.
8. Free and informed consent has wider
application in this draft Convention than this paragraph alone. The Ad Hoc Committee
may wish to consider whether the following wording be included in this sub-paragraph
or broadened to become a definition in draft Article 3.
“Informed decisions can be made only with knowledge of the purpose and nature,
the consequences, and the risks of the treatment and rehabilitation supplied
in plain language and other accessible formats”.
9. Some members of the Working Group considered
that the paragraph should spell out the rights.
10. Some members of the Working Group
also considered that forced medical intervention and forced institutionalisation
should be permitted in accordance with appropriate legal procedures and safeguards
(see also draft Article 11).
11. Some members of the Working Group
suggested that this sub paragraph was redundant and should be deleted.
12. The involvement of persons with disabilities
in formulating legislation and policy, as well as in the planning, delivery
and evaluation of services, has wider applicability than this draft Article.
Some members of the Working Group suggested that it should be covered under
draft Article 4 on general obligations.
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DRAFT ARTICLE 21 BIS
RIGHT TO REHABILITATION
States Parties recognize that persons with disabilities have the right to rehabilitation
and habilitation. States Parties shall ensure no person with a disability is
deprived of the right, and shall take all appropriate measures to ensure access
for persons with disabilities to free or affordable rehabilitation and habilitation
services. In particular, states parties shall:
a. ensure the provision of quality rehabilitation and habilitation services
and information about such services, and where possible and appropriate, the
said services shall be availed as close as possible to peoples own community;
b. ensure that rehabilitation and habilitation services include the provision
of safe respite places, to use on a voluntary basis, counselling and support
groups, including peer support;
c. undertake and encourage the provision of research and the development, dissemination
and application of new technologies relating to rehabilitation and habilitation
that benefit persons with disabilities;
d. ensure the development of sufficient numbers of rehabilitation and habilitation
professionals, including persons with disabilities covering all disciplines
needed to meet the rehabilitation and habilitation needs of persons with disabilities,
and ensure they have adequate specialized training ;
e. ensure provision of appropriate education and training of all rehabilitation
and habilitation professionals to increase their disability-sensitive awareness
and respect for the rights, dignity and needs of persons with disabilities;
f. ensure that rehabilitation and habilitation services respect the human rights
of persons with disabilities and that professionals in that area are aware of
, and respect the rights and dignity of persons with disabilities; and
g. Ensure involvement of organizations of persons with disabilities in the formulation
of rehabilitation and habilitation legislation and policy as well as in the
monitoring and evaluation of rehabilitation services.
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Draft Article 22
RIGHT TO WORK 1, 2,
3
States Parties recognise the right of persons with disabilities to work on an
equal basis with others, which includes the opportunity to gain a living by
work that they freely choose or accept, with a view to promoting equal opportunity
and treatment of persons with disabilities, and protecting them from poverty.
States Parties shall take appropriate steps to safeguard and promote the realisation
of this right, including measures to:
(a) promote a labour market and work environment that are open, inclusive, and
accessible to all persons with disabilities;4
(b) enable persons with disabilities to have effective access to general technical
and vocational guidance programs, placement services, assistive devices, and
vocational and continuing training;
(c) promote5 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,
as well as assistance in finding, obtaining and maintaining employment;
(d) encourage employers6 to hire persons
with disabilities, such as through affirmative action programs, incentives and
quotas;7
(e) ensure the reasonable accommodation of persons with disabilities in the
workplace and work environment;8
(f) promote the acquisition by persons with disabilities of work experience
in the open labour market;
(g) promote vocational and professional rehabilitation, job retention and return
to work programs;
(h) protect9 through legislation persons
with disabilities with regard to employment, continuance of employment, career
advancement, working conditions, including equal remuneration for work of equal
value and equal opportunities, and the redressing of grievances,10
and to ensure persons with disabilities are able to exercise their labour and
trade union rights;
(i) ensure that persons with disabilities have equal opportunity to employment
in the public sector;
(j) promote recognition11 of the skills,
merits, abilities and contributions of persons with disabilities to the workplace
and the labour market, and to combat stereotypes and prejudices about persons
with disabilities in the workplace and the labour market;
(k) Promote employment of persons with disabilities in the informal sector through
the creation of an enabling environment and the provision of incentives and
necessary support services, including training and preferential access to credit.
Footnotes:
1. The
Ad Hoc Committee may wish to consider the potential role of the International
Labour Organisation in implementing and monitoring the right to work under this
Convention.
2. Some members of the Working Group raised
the issue of a need to address the special circumstances of women with disabilities
in fulfilling this right.
3. The Ad Hoc Committee may wish to consider
whether broad terms in which this draft Article is expressed is consistent with
the detailed provisions of other articles of the draft Convention. The Committee
may also wish to consider in this context whether further thought should be
given to elaborating provisions for the training of persons with disabilities.
4. The Ad Hoc Committee may wish to consider
whether to spell out the meaning of this provision in practice and the further
definition of the term ‘inclusive’ in this context. In this context, too, the
Committee may wish to consider whether transportation to the workplace for persons
with disabilities is covered under the provision of access to the workplace
under draft Article 19.
5. The Ad Hoc Committee may wish to consider
the addition of the phrase ‘pursue active labour market policies’, at the beginning
of this sub-paragraph.
6. The Ad Hoc Committee may wish to consider
the appropriateness of specifying the particular responsibility of governments
as employers in this context.
7. The Ad Hoc Committee may wish to consider
the appropriateness of specifically mentioning quotas as a possible measure
in this draft Article.
8. Some members of the Working Group emphasised
the particular importance of the obligation to make reasonable accommodation
in the employment context, and considered that a more detailed paragraph on
reasonable accommodation should be elaborated under the right to work, in addition
to any draft article on reasonable accommodation elsewhere in the Convention.
9. The Ad Hoc Committee may wish to consider
this formulation to take into account protection of persons with disabilities
from disguised discrimination in the workplace, such as, stipulating unnecessary
qualifications that have the effect of excluding persons with disabilities from
employment.
10. The Ad Hoc Committee may wish to consider
whether the listing of working conditions here may be inadvertently limiting.
11. The Ad Hoc Committee may wish to expand
on the idea of recognition to encompass the formal recognition of the skills
of persons with disabilities.
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Draft Article 23
SOCIAL SUPPORT AND AN ADEQUATE STANDARD OF LIVING 1, 2
1. States Parties recognise the right of all persons with disabilities to socialsupport,
including social insurance,3 and to the
enjoyment of that right without discrimination on the basis of disability, and
shall take appropriate steps to safeguard and promote the realisation of this
right, including measures to:
(a) ensure access by persons with disabilities to necessary social services,
technical aids, devices and other assistance for disability related needs;4
(b) ensure access by persons with disabilities, particularly women and girls
with disabilities and the aged with disabilities, to social support programmes
and poverty reduction strategies, and to take into account the needs and perspectives
of persons with disabilities in all such programmes and strategies;
(c) ensure access by persons with severe5
and multiple disabilities, and their families to assistance from the State to
cover disability related expenses (including adequate training, counselling,
financial assistance and respite care), which should not become a disincentive
to develop themselves;7
(d) ensure access by persons with disabilities to governmental housing programs,
including through earmarking percentages of governmental housing8
for persons with disabilities;
(e) ensure access, in respect of disability, to tax exemptions or other tax
benefits for equipment, assistive devices and services to the extent that such
exemptions or benefits are necessary to mitigate the disability.;9
(f) ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.10
2. States Parties recognise the right of all persons with disabilities to an
adequate standard of living for themselves and their families, including adequate
food, clothing, housing and access to clean water,11
and to the continuous improvement of living conditions, and will undertake appropriate
steps to safeguard and promote the realisation of this right.
Footnotes:
1. Some
members of the Working Group noted that the meaning of ‘social security’ differs
widely from state to state, and that the scope of the right to an adequate standard
of living is much broader that social security. The Ad Hoc Committee may wish
to consider this issue further.
2. Some members of the Working Group expressed
concern about the capacity of States Parties to implement these provisions.
The Ad Hoc Committee may wish to consider inclusion of the concept of progressive
realisation in this right if it is not addressed in a paragraph with general
application elsewhere in the Convention.
3. The Ad Hoc Committee may wish to consider
inclusion of the concept of ‘social assistance’.
4. Some members of the Working Group considered
that this provision should be strengthened to mention explicitly technical aids
to mobility, transfer, auditory or visual perception and other special devices
that persons with disabilities require. The Ad Hoc Committee may wish to consider
whether this issue is adequately covered in draft Article 20 on Personal Mobility.
5. Some members of the Working Group questioned
the use of the word ‘severe’ on the grounds either that it was difficult to
define or that it was prejudicial. The Ad Hoc Committee may wish to consider
whether to omit it.
7. The Ad Hoc Committee may wish to consider
whether the provisions of this sub-paragraph should apply to persons with disabilities
generally.
8. The Ad Hoc Committee may wish to consider
whether the phrase “including through earmarking percentages of government housing”
is appropriate in the draft Convention. Some members of the Working Group expressed
the view that it was too prescriptive and may limit the measures that States
Parties could take to ensure access to governmental housing programmes. Some
members of the Working Group also considered that non-discriminatory access
to privately provided housing should also be specified.
9. Some members of the Working Group expressed
the view that this sub paragraph is too prescriptive.
10. The Ad Hoc Committee may wish to consider
the extent to which States Parties can determine the provision of insurance,
which in many countries is typically the domain of the private sector.
11. The Ad Hoc Committee may wish to consider
the reference to ‘clean water’ further. Some members of the Working Group considered
that it should be deleted on the grounds that it is not a right guaranteed under
the International Covenant on Economic, Social and Cultural Rights. Other members
considered that the reference was critical to the treatment and prevention of
disabilities, and should be strengthened to include “basic services”.
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Draft Article 24
PARTICIPATION IN CULTURAL LIFE, RELIGION, RECREATION, LEISURE AND SPORT 1
1. States Parties recognise the right of all persons with disabilities to take
part in cultural life on an equal basis with others, and shall take all appropriate
measures to ensure that persons with disabilities:
(a) have the opportunity to develop and utilise 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, including in electronic text, sign language and Braille, and in audio
and multi media formats;
(c) enjoy access to television programmes, films, theatre, and other cultural
activities, in all accessible formats, including captioning and sign language;
(d) enjoy access to places for cultural performances or services, such as theatres,
museums, cinemas, libraries and the hospitality industry, and, as far as possible,
enjoy access to monuments and sites of national cultural importance;
2. States Parties shall take all appropriate steps to ensure that laws protecting
intellectual property rights do not constitute an unreasonable or discriminatory
barrier to access by persons with disabilities to cultural materials, while
respecting the provisions of international law.
3. Persons who are deaf or persons with disability-specific social or cultural
values shall be entitled, on an equal basis with others, to recognition and
support of their specific cultural, linguistic or any other identity.2
(3) Bis. States parties recognize the fundamental right of persons with disabilities
to
Practice a religion of their choice and shall take all appropriate measures
to ensure that persons with disabilities:
a) Enjoy the opportunity to develop their spirituality and practice their faith;
b) Have access to houses of worship, shrines and sites of religious importance;
c) Can belong to a Community of believers and participate fully in the life
of the congregation and in the rites and ceremonies that are part of worship;
d) Have access to appropriate religious education and receive instruction in
the format that best suits their needs;
e) Will be protected from religious abuse, exploitation and coercion.
4. States Parties recognise the right of persons with disabilities, on an equal
basis with others,3 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 sporting activities, either through mainstream
or their specifically-organised sporting programmes, at local, regional, national
and international levels;4
(b) ensure that persons with disabilities have an opportunity to organise and
participate in sporting activities and to receive the same instruction, training
and resources in support that is available to other participants;
(c) ensure that persons with disabilities have access to sporting and recreational
venues, and that children with disabilities have equal access to participating
in sporting activities with the education system;
(d) ensure that persons with disabilities have access to services from those
involved in the organisation of recreational, leisure and sporting activities.
Footnotes:
1. The
Ad Hoc Committee may wish to consider whether and how the concept of accessibility
could be expanded under this draft Article.
2. The Ad Hoc Committee may wish to consider
whether this provision would be more appropriately placed under another draft
article.
3. Some members of the Working Group considered
that "on an equal basis with others" should be deleted from this paragraph,
and that sub paragraphs (b), (c) and (d) should instead include an obligation
on States Parties to remove discriminatory barriers, both environmental and
societal, to the enjoyment of these rights. Other members expressed the view
that "on an equal basis with others" should be retained, because sporting,
recreational and leisure organisations and facilities are often within the private
sector. The Ad Hoc Committee may wish to consider this issue further.
4. Some members of the Working Group emphasised
the importance of mainstreaming sporting activities for persons with disabilities.
Others indicated that this obligation would need to be balanced with the promotion
of separate sporting activities and organisations that are tailored to the needs
and abilities of persons with disabilities, as well as disabled specific sports
that may not be included in mainstream sporting events. The Ad Hoc Committee
may wish to consider how best to incorporate these views.
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DRAFT ARTICLE 25
MONITORING
1. States Parties shall designate a focal point at the national level to coordinate
the promotion, protection and monitoring of the implementation of the rights
recognised in the present Convention.
2. There shall be established a Committee on the rights and dignity of persons
with disabilities (hereinafter referred to as the Committee). It shall consist
of 18 members of high moral standing and recognised competence in the field
of human rights and disability. The members shall be elected by states parties
from among their nationals and shall serve in their personal capacities, consideration
being given to equitable geographical distribution, the principle of gender
parity as well as the principal legal systems.
3. The members of the Committee shall be elected by secret ballot from a list
of persons nominated by states parties. Each state party may nominate one person
from among its nationals.
4. The initial election of the Committee and its officials shall be held no
later than six months after the date of the entry into force of the present
Convention and thereafter every two years.
5. At least four months before the date of each election, the Secretary General
of the United Nations shall address a letter to States Parties inviting them
to submit their nominations within two months. The Secretary General shall then
prepare a list in alphabetical order of all persons thus nominated, indicating
States Parties which have nominated them; the list shall be submitted to the
states parties to this Convention.
6. Elections of the members of the committee shall be held at a meeting of State
parties to the present Convention convened by the Secretary General at the Headquarters
of the United Nations. Members of the Committee shall be those nominees who
obtain the largest number of votes of representatives of States parties present
and voting.
7. The Committee may not include more than one national of the same State.
8. The Members of the Committee shall be elected for a term of four years. They
shall be eligible for re-election if re-nominated. However the term of nine
of the members elected at the first election shall expire at the end of two
years. The names of these nine members shall be chosen by lot by the chairman
of the meeting of the election of the first Committee members.
9. At the expiry of office, elections shall be held in accordance with the preceding
paragraphs of this article.
10. If in the unanimous opinion of the other members, a member of the Committee
has ceased to carry out his/her functions for any cause other than absence of
a temporary character, the chairman of the Committee shall notify the Secretary
General of the United Nations, who shall then declare the seat of that member
to be vacant.
11. In the event of death of or the resignation of a member of the Committee,
the Chairman shall immediately notify the Secretary General of the United Nations,
who shall declare the seat vacant from the date of death or the date on which
the resignation takes effect.
12. When a vacancy is declared and if the term of office of the member to be
replaced does not expire within six months of the declaration of the vacancy,
the Secretary General of the United Nations shall notify each of the State parties
to the present Convention, which may within two months submit nominations for
the purpose of filling the vacancy. The election of the new member shall be
in accordance with the procedures set out in this article.
13. A member of the Committee elected to fill a vacancy declared in accordance
with paragraph 12 shall hold office for the remainder of the term of the member
who vacated the seat on the committee under the provisions of that paragraph.
14. The members of the Committee shall, with the approval of the General Assembly
of the United Nations, receive emoluments from United Nations resources on such
terms and conditions as the general Assembly may decide, having regard to the
importance of the committee’s responsibilities.
15. The Secretary General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the Committee.
16. The Secretary General of the United Nations shall convene the first meeting
of the Committee at the Head quarters of the United Nations.
17. After its initial meeting the Committee shall meet at such times as shall
be provided in its rules of procedure.
18. The Committee shall normally meet at the Headquarters of the United Nations
or at the United Nations’ office at Geneva.
19. Every member of the Committee shall before taking up his/her duties make
a solemn declaration in open Committee that he or she will perform his or her
functions impartially and conscientiously.
20. The Committee shall establish its own rules of procedure. The decisions
of Committee shall be made by a majority vote of the members present.
21. States parties to the present Convention undertake to submit reports to
the Committee on the measures they have adopted which give full effect to the
enjoyment of human rights by persons with disabilities and the progress they
have made in the implementation of the provisions of this convention:
a) Within two years of entry into force of the present Convention of the parties
concerned;
b) Thereafter every five years.
22. All reports shall be submitted to the secretary- general of the United Nations,
who shall transmit them to the Committee for consideration. The reports shall
indicate the factors and difficulties, if any, affecting the implementation
of the present Convention. The report shall also contain sufficient information
to provide the committee with a comprehensive understanding of the implementation
of the Convention in the country concerned.
23. The Committee shall study the reports submitted by the States parties to
the present Convention. The Committee may request from states parties further
information, which is relevant to the implementation of the convention.
24. The committee may make suggestions and general recommendations based on
information received by States parties. It shall transmit its recommendations
and such general Comments as it may consider appropriate together with comments,
if any, from States Parties to the General Assembly and the concerned States
parties.
25. The committee may also transmit to the Economic and Social Council and other
relevant United Nations bodies and agencies these comments along with the copies
of the reports it has received from the States parties.
26. States parties shall make their reports and the reports and recommendations
of the Committee widely available to the public in their own countries.
27 The Committee shall besides the report from the states parties, also consider
information and reports by organizations of persons with disabilities or by
individual persons with disabilities or by persons representing persons with
disabilities who are not able to represent themselves.
28 Where a communication is submitted on behalf of individuals or groups of
individuals, who cannot independently exercise their rights, this shall be with
their consent and the group or individual shall certify that someone else is
acting on their behalf.
29 The Committee shall receive individual and group complaints and adopt appropriate
inquiry procedures.
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Article 24:
replace 4(b) with:
Ensure that persons with disabilities have an opportunity to organize, develop,
and participate in disability-specific recreational, leisure and sporting activities
and to receive necessary and appropriate instruction, training and resources
available to other participants.
seprate 4(c) into two clauses:
Ensure that persons with disabilities have full access to transportation, accomodations,
and venues, for recreation, leisure and sport activities, including tourist
attractions.
Then 4(cbis) would be:
Ensure that children with disabilities have equal access to participating in
play, recreation, leisure and sporting activities, including those in the school
system.
Propose 4(e):
Develop and promote the international exchange of recreation, leisure and sport
related technologies and goods for persons with disabilities.