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Contribution by Governments
Philippine proposal/amendments to the draft Comprehensive and Integral International Convention on the Rights and Dignity of Persons with Disabilities
Art 15 : LIVING INDEPENDENTLY
[/INTERDEPENDENTLY-insert] AND BEING [INCLUDED - delete] [ INTEGRATED – insert]
IN THE COMMUNITY
1. State Parties to this Convention shall take effective and appropriate measures
to enable persons with disabilities to live independently and be fully [included
– delete] [integrated – insert] in the community, including by ensuring that;
(a) persons with disabilities have the equal opportunity to choose their place
of residence and living arrangements [,either independent or interdependent
– add]
(c ) that persons with disabilities have access to a range of in-home, residential
and other community support services, including assistance, necessary to support
living and [inclusion – delete] [integration – insert] in the community, and
to prevent isolation or segregation from the community
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Draft Article 16 : Children with Disabilities
2. State Parties recognize that children with disabilities should enjoy a full
and decent life, in conditions that ensure dignity, promote self-reliance and
autonomy, and [facilitate- delete] [provide the enabling environment for – insert]
the child’s active participation in the community [and society. – add]
3. State Parties recognize the Right ………
(a) Early detection, [assessment – insert], identification of disability and
provision of appropriate and comprehensive services;
(b) The extension, subject to available resources to the eligible child and
those responsible for his or her care, of assistance [for which application
is made – delete] which is appropriate to the child’s condition and to the circumstances
of the parents or others caring for the child
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 and counseling, ensuring that such information should have a positive
view of child’s potential and right to live a full and inclusive life [reformulation
of original 5]
(5bis: States Parties recognize the vulnerability of children to sexual abuse
and exploitation, and to other forms of abuses, and shall endeavor to ensure
their protection)
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ART 17 : EDUCATION
1. States Parties to recognize the right of all persons with disabilities to
education. With a view to achieving this right progressively and on the basis
of equal opportunity, the education of [persons with disabilities, especially]
children [with disabilities – delete] shall be directed to;
(b) enabling all persons with disabilities to participate effectively in [a
free – delete] society;
(c) the development of [the child’s – delete] [persons with disabilities – insert]
personality, talents and mental and physical abilities to their fullest potential;
(d) take into account the best interest of [the child – delete] [ persons with
disabilities, – insert] [in particular – delete] [where applicable – insert]
by individualizing education plans;
2. in increasing ……….
(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)[delete
parenthesis and make the enclosed phrase part of the sentence]
(b) the provision of required support, including [,but not limited to - insert]
the specialized training of teachers, school counselors and psychologists, an
accessible curriculum, accessible teaching medium and augmentative communication
modes, alternative learning strategies, accessible physical environment, [provision
of scholarship and other financial assistance, - insert] or other reasonable
accommodations to ensure the full participation of student with disabilities;
3. States Parties shall ensure…….
(b)Be provided in such a manner to allow [children – delete and change to “Persons”]
with disabilities…..
(c ) allow a free and informed choice between general and special [education
– insert] systems [ that may include alternative systems of education such as
community based arrangement distance education equivalency system. – add]
(d) In no way limit…….. the needs of [children – delete and change to “Persons”]
with disabilities…….
4. States Parties shall ensure that [children – delete and change to “persons”]with
sensory disabilities may choose to be taught sign language or Braille [or other
forms of assistive technologies as appropriate - insert], and to receive the
curriculum in sign language or Braille. States parties shall take appropriate
measures to ensure quality education to students with sensory disabilities by
ensuring the employment of teachers[,including teacher with disability, - insert]
who are fluent in sign language or Braille
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Art. 18 : participation in
political and public life
States Parties recognize the political rights of persons with disabilities [and
promote equal opportunities, - insert] without discrimination, and undertake
to;
(a) actively promote an environment ……
(i) are appropriate, accessible and easy to understand [including but not limited
to the provisions of assistive devices; - add]
(ii) [ensure – add] and protect the right of citizens….
(iii) allow, [when - delete and change to “whenever “] , the provision…..
(b) establish an environment in which persons with disabilities can effectively
and fully participate in all sphere of political and public administration and
governance with their active participation in public affairs, including but
not limited to:
(i) Their participation on an equal basis;
(ii) Forming and joining organizations to ensure persons with disabilities will
be represented at local, national and international levels
(c ) Ensure that persons with disabilities and their organizations participate,
on an equal basis to others, in all planning, policy and decision-making, monitoring
and implementing process concerning on all issues and concerns.
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Art 19: ACCESSIBILITY
1. States Parties ……..
(a) [reformulate]the construction, repair and renovation of public and private
buildings, roads and highways, transport vehicles and terminals, and other public
utilities and related structures for public use, including schools, housing,
medical facilities, in-door and out-door facilities and publicly owned workplaces;
2. States Parties shall also take appropriate measures to:
(a) provide in public buildings and facilities signage in Braille and easy to
read and understand forms[, where applicable – add];
(b) provide other forms of live assistance …………, to facilitate accessibility
to public and private buildings and facilities;
(d)[encourage – delete and change to “require”] private entities……..
(g) [reformulate] ensure the participation of persons with disabilities when
standards and guidelines for accessibility are being developed;
(h) provide training for all stakeholders on accessibility issues [facing –
delete and change to “concerning”] persons with disabilities;
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Art. 20 : PERSONAL MOBILITY
States Parties to………..
(a) facilitating access by persons with disabilities to high quality mobility
aids, devices, assistive technologies and forms of live assistance and intermediaries,
[including – delete and change to “facilitating access of persons with disabilities
to high quality mobility aids”] by making them available at affordable cost]
[This sub-item (a) should be interchane with item (c)]
(b) [reformulate] promoting and encouraging private entities to produce universal
design for mobility aids, devices and assistive technologies for persons with
disabilities for all aspects of mobility;
(c) [retain]
(d) provide training in [appropriate – insert] mobility skills ……
(e) facilitating the [freedom of movement of – delete and change to “mobility
of persons with disabilities”] in the manner and…….
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Art. 21 : RIGHT TO HEALTH [RIGHT TO HEALTH CARE AND MEDICAL REHABILITATION –
Proposed title of Art. 21]
[Reformulate chapeau] “The States Parties recognize that the promotion of health
and the prevention of disabilities is an immutable and essential responsibility
of all States and 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, and considering human diversity. States Parties shall ensure
that no person with disability is deprived of the right to health and medical
rehabilitation and shall take appropriate and effective measures to ensure access,
affordability, adequacy and continuity of health and medical services.”
(e) provide programs and services to prevent and protect against secondary disabilities,
[including amongst children and the elderly – delete and change to “in all age
group;”]
(f) [encourage – delete and change to “promote and support”] research and the
development……….
(i) [acceptable but divide into sub-para]
ensure that a code 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
ensure that the services and conditions of public and private health care and
rehabilitation facilities and institutions are [well monitored – delete and
change to “adopting accepted standards of quality care”]
(j) ensure that health and rehabilitation ………………………, and that health and rehabilitation
professionals inform persons with disabilities[/guardians – insert] of their
relevant rights
[delete (k) and (l) for being redundant]
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Art. 22 : RIGHT TO WORK
States Parties recognise…………
(b) enable persons with disabilities to have effective access to general technical
and vocational guidance programs, placement and counseling services, assistive
devices and continuing [development and enhancement program skills – add];
(c ) promote employment opportunities and career advancement for persons with
disabilities in the open labour market, including opportunities [for apprenticeship
to gain work experience – add], self-employment…………
(e) ensure the reasonable accommodation appropriate to the nature and needs
of persons with disabilities in the workplace and work environment [ add - such
as (1) improvement of existing facilities used by employees in order to render
these readily accessible to and usable by disabled persons (2) modification
of work schedules, re-assignment to a vacant position, acquisition or modification
of equipment or devices, appropriate adjustments or modification of examinations,
training materials, or company policies, rules and regulations
(f) [delete as merged with ©]
(h) protect through legislation [, and active labour market policies and programs,
- add] persons with disabilities with regard to ……
(i) ensure that persons with disabilities have equal opportunity to employment
in the [private and - add] public sectors;
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Art. 25 : MONITORING
National Implementation Framework
[Reformulate] States Parties shall designate a focal point, whenever possible,
at both national and subnational levels within Government, and establish or
designate a coordination mechanism that will ensure efficient and effective
implementation of the provisions of the present Convention, in partnership with
other stakeholders.
State parties shall, in accordance with their legal and administrative system,
maintain, strengthen, designate or establish at the national level a framework
to promote, protect, monitor, [ and evaluate – insert] implementation of the
rights recognized in the present Convention]
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