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Contribution by Governments
Revised Proposals for Article 15
1 August 2005 - Ad Hoc Committee 6
Amendments to the Working Group Text
1. States Parties reaffirm the right of persons with disabilities to liberty
of movement and freedom to choose their residence. States Parties shall ensure
persons with disabilities are able to determine where and with whom they live
on an equal basis with others.
(new paragraph 1 derived from Article 12 (1) ICCPR)
a. persons with disabilities have the equal opportunity to choose their place
of residence and living arrangements;
b. persons with disabilities are not obliged to live in an institution or in
a particular living arrangement;
2. States Parties to this Convention shall take effective and appropriate
measures to the maximum extent of their available resources to enable
persons with disabilities to live in, independently and participate
to be fully included in the community on an equal basis with others,
including by ensuring that:
(derived from chapeau of Article 15 of the Working Group text)
c. that persons with disabilities have access to a range of in-home,
residential and other community support services, including personal assistance,
necessary to support living and inclusion in the community, and to prevent isolation
or segregation from the community;
c bis support services are provided to persons with disabilities in a manner
that recognises their autonomy, individuality and dignity, and the diversity
of their disabilities;
d. community services and facilities for the general population are available
on an equal basis to persons with disabilities and are responsive to their needs;
d bis persons with disabilities enjoy mobility with the greatest possible
independence for persons with disabilities, including by 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 cost
(derived from Article 20, the chapeau and 20.a of the Working Group text)
e. persons with disabilities have access to information about available support
services, and facilities;
e bis persons with disabilities have opportunities for economic development
and financial independence, including opportunities to rent,
own or inherit property, to control their own financial affairs, and to have
equal access to bank loans, mortgages and other forms of financial credit
on an equal basis with others.
(derived from Article
9.e of the working group text).
COMPLETE NEW ZEALAND PROPOSED TEXT FOR ARTICLE 15
1. States Parties reaffirm the right of persons with disabilities to liberty of movement and freedom to choose their residence. States Parties shall ensure persons with disabilities are able to determine where and with whom they live on an equal basis with others.
2. States Parties shall take effective and appropriate measures to the maximum
extent of their available resources to enable persons with disabilities to live
and participate fully in the community on an equal basis with others. Such measures
shall ensure in particular that:
a. persons with disabilities have access to a range of in-home, residential and other community support services, including personal assistance, necessary to support living and inclusion in the community, and to prevent isolation or segregation from the community;
b. support services are provided to persons with disabilities in a manner that recognises their autonomy, individuality and dignity, and the diversity of their disabilities;
c. community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs;
d. persons with disabilities enjoy mobility with the greatest possible independence, including by facilitating access to high-quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries;
e. persons with disabilities have access to information about services, and facilities;
f. persons with disabilities have opportunities for financial independence, including opportunities to rent, own or inherit property, to control their own financial affairs, and to have access to bank loans, mortgages and other forms of financial credit on an equal basis with others.
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New Zealand proposal for Article 18
“a bis States Parties shall ensure to persons with disabilities, on an equal
basis with others, the right:
(a) to participate in non-governmental organisations and associations concerned
with the public and political life of the country, including the activities
and administration of political parties”;
(b) to participate in the formulation of government policy and the implementation
thereof and to hold public office and perform all public functions at all levels
of government”
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New Zealand proposed text
to replace 19.2(e), (f) and (g)
(An amendment of the EU proposal for a 19.2.e bis)
Promoting the development, availability and use of goods, services, equipment
and facilities, including housing, that are designed to be used by all people
to the greatest extent possible without the need for adaptation, and promoting
such design in the development of standards and guidelines.
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New Zealand Proposed Amendments
to Article 23
(New paragraph 1 derived from paragraph 23.2 of the working group text)
2 1 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 and housing and
access to clean water, and to the continuous improvement of living conditions,
and will undertake appropriate steps to safeguard and promote the realisation
of this right.
1Bis States Parties shall ensure persons with disabilities
benefit from government development programmes and poverty elimination strategies
including international aid programmes on an equal basis with others
1 2 States Parties recognise the right of all
persons with disabilities to social security, including social insurance, 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 services, devices
and other assistance for disability-related needs;
b. ensure access by persons with disabilities, particularly women and girls
with disabilities and the aged with disabilities, to social security 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 severe and multiple disabilities, and their
families, living in situations of poverty 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;
d. ensure equitable access by persons with disabilities to governmental
housing programs on an equal basis with others, including through
earmarking percentages of governmental housing for persons with disabilities;
d.Bis provide assistance to persons with disabilities and their families
to meet the extra costs they incur because of disability
e. ensure access by persons with disabilities to tax exemptions and tax benefits
in respect of their income;
f. ensure encourage insurance providers to consider applications for
insurance from persons with disabilities in a fair and reasonable manner
are able to access life and health insurance schemes without discrimination
on the basis of disability.
2. (shifted to be Paragraph 1)
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NZ Proposals for Article 24
1. States Parties shall recognise the right of all persons with disabilities
to take part on an equal basis with others in cultural life, including
in artistic, recreational, leisure and sporting activities, and to this
end shall take all appropriate measures to ensure that persons with disabilities:
a. have the opportunity to develop and utilise their creative, artistic, intellectual
and physical 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 a variety
of media and formats, and to all forms of cultural and artistic expression
all accessible formats, including in electronic text, sign language and Braille,
and in audio and multi-media formats;
b (bis) participate in artistic, recreational, leisure and sporting activities
designed for the general population, as well as in activities designed for persons
with disabilities, at local, regional, national and international levels;
b (ter) receive instruction, training and resources for the pursuit
of artistic recreational, leisure and sporting activities.
(b bis and ter incorporate some content of 24.1c and d, and 24.4a and b)
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 with disabilities shall be entitled, on an equal
basis with others, to recognition and support of their specific cultural and
linguistic identity, including sign languages and deaf culture.
3 (bis) States Parties shall encourage measures for participation by persons
with disabilities in the religious life of their communities on an equal basis
with others
4. DELETE PARAGRAPH 4
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