UN Enable | Ad Hoc Committee - Seventh Session - Contributions by Governments

pp(d) "NOTING THAT THE STATES PARTIES TO THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS, the International Convention on the Elimination of all Forms of Discrimination against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International convention on the Protection of the Rights of All Migrant Workers and Members of Their Families HAVE THE OBLIGATION TO ENSURE THE EQUAL RIGHTS OF PERSONS WITH DISABILITIES."

pp(j) "Emphasizing the IMPORTANCE OF RECOGNIZING THE VALUED existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, and that the promotion of the full enjoyment by persons with disabilities of their human rights and fundamental freedoms and of full participation by persons with disabilities will result in THEIR ENHANCED SENSE OF BELONGING AND significant advances in the human, social and economic development of [DEL their societies] TO SOCIETY and the eradication of poverty,"

pp(m) Canada would add "AGE" and "SEXUAL ORIENTATION" to the grounds of prohibited discrimination.

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Communication includes (DEL oral-aural communication, communication using sign) SPOKEN AND SIGNED languages, DISPLAY OF TEXT, and Braille, and tactile communication, large print, audio, accessible multimedia, PLAIN LANGUAGE, human reader and other augmentative or alternative modes of....

Discrimination on the basis of disability means any distinction, exclusion, or restriction on the basis of disability, INCLUDING A FAILURE TO PROVIDE REASONABLE ACCOMMODATION, which has the purpose or effect...

(DEL National) Laws of general application means laws that apply to society as a whole and which do not DISCRIMINATE AGAINST (DEL differentiate in respect of) persons with disabilities (DEL national laws and procedures of general application and national laws, customs and traditions of general application shall have the same meaning, mutatis mutandis).

Reasonable accommodation means A DUTY TO MAKE necessary and appropriate modifications and adjustments TO THE POINT OF UNDUE HARDSHIP (DEL not imposing a disproportionate burden), where needed in a particular case OR CASES, TO ELIMINATE DISCRIMINATION AND to ensure to persons with disabilities the enjoyment or exercise on an equal....

Universal design and inclusive designmean the design of products, (DEL and) environments, AND PROGRAMS AND SERVICES to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design

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(b) FULL AND EFFECTIVE PARTICIPATION AND INCLUSION IN SOCIETY ON A BASIS OF EQUALITY AND non-discrimination FOR PERSONS WITH DISABILITIES

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(1) Chapeau "States Parties undertake to ensure the full AND EQUAL realization of [DEL all] the human rights and fundamental freedoms [DEL for all persons with disabilities] OF ALL PERSONS without discrimination [DEL of any kind] ON THE BASIS OF DISABILITY, and, to this end, undertake: "

(2) With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realisation of these rights [DEL except where achieving progressively the full realisation of these rights would result in discrimination on the basis of disability]. SUCH RIGHTS SHALL BE REALIZED WITHOUT DISCRIMINATION ON THE BASIS OF DISABILITY.

(3) State Parties shall ensure that persons with disabilities be consulted and involved on an equal basis with others in all policy making exercises and decision-making processes to enable inter alia due appreciation of the disability dimension in such policies and be afforded an appropriate leading role on issues concerning persons with disabilities." (from IDC proposal for Art.29(c))

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Canada will propose the following added text to Art. 8(1) in order to reflect the important role of consultation with persons with disabilities and their representative organizations.

SUCH MEASURES SHALL BE UNDERTAKEN IN CONSULTATION WITH PERSONS WITH DISABILITIES AND THEIR REPRESENTATIVE ORGANIZATIONS.

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Article 12

1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.

2. States Parties shall recognize that persons with disabilities ENJOY [delete: have] legal capacity on an equal basis with others in all ASPECTS OF LIFE. [DEL: fields, and shall ensure, to the extent possible, that where support is required to exercise [that capacity] [the capacity to act:]]
[DEL paras. (a) and (b)]

2bis [Based on IDC proposal]. STATES PARTIES SHALL TAKE APPROPRIATE LEGISLATIVE AND OTHER MEASURES TO FACILITATE ACCESS BY PERSONS WITH DISABILITIES TO ANY SUPPORT THEY MAY REQUIRE IN EXERCISING THEIR LEGAL CAPACITY, AS WELL AS TO PROVIDE APPROPRIATE SAFEGUARDS TO PREVENT ABUSES IN THE PROVISION OF SUPPORT.

3. States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities, INTER ALIA, to 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, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.

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Article 13

Canadian proposed language for Article 13, presented Jan. 18 in plenary (to be posted to Enable website please):

States Parties shall TAKE APPROPRIATE LEGISLATIVE AND OTHER MEASURES TO ensure effective access to justice for persons with disabilities on an equal basis with others, INCLUDING BY facilitating their effective role THROUGH REASONABLE ACCOMMODATION as direct and indirect participants, including as witnesses, in all legal AND ADMINISTRATIVE proceedings, including AT [DEL the] investigative and other preliminary stages.

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Article 18 - Liberty of Movement AND THE RIGHT TO A NATIONALITY (in the event that the titles are retained)

(1) States parties to this Convention shall take effective measures to respect and ensure the rights of persons with disabilities to liberty of movement on an equal basis with others; [DEL including by ensuring that persons with disabilities:]

(2) STATES PARTIES REAFFIRM THAT PERSONS WITH DISABILITIES have the right to acquire a nationality and WILL ENSURE THAT THEY are not deprived of their nationality arbitrarily on the basis of disability, INCLUDING BY ENSURING THAT PERSONS WITH DISABILITIES are not deprived, on the basis of disability, of their ability to possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings [DEL that may be needed to facilitate exercise of the right to liberty of movement]

(3) STATES PARTIES REAFFIRM THAT PERSONS WITH DISABILITIES have the EQUAL right to leave any country, including their own.

(4) STATES PARTIES SHALL TAKE APPROPRIATE MEASURES TO ENSURE THAT PERSONS WITH DISABILITIES MAY [DEL or to] utilize [DEL relevant] processes such as CUSTOMS AND immigration proceedings ON AN EQUAL BASIS WITH OTHERS [DEL that may be needed to facilitate exercise of the right to liberty of movement]

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Canada makes the following proposal in relation to Art.23:

1(a) ...that persons with disabilities (DEL are not denied) HAVE the equal opportunity to experience their sexuality...

2 (DEL SPs to this Convention shall ensure the rights and responsibilities of persons with disabilities with regard to guardianship,....exist in national legislation) PARENTS AND GUARDIANS WITH DISABILITIES SHOULD NOT BE DISCRIMINATED AGAINST ON THE BASIS OF DISABILITY IN LEGAL, ADMINISTRATIVE AND OTHER PROCESSES ASSOCIATED WITH PARENTHOOD

3 In THIS DETERMINATION (DEL no case shall a child be separated from parents on the basis of) THE EXISTENCE OF a disability of either the child or one or both of the parents SHOULD NOT BE CONSIDERED JUSTIFICATION FOR THE SEPARATION A CHILD FROM HIS OR HER PARENTS.

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Canada proposes the following text Art. 24(2)(b):

that persons with disabilities can access inclusive, quality, free primary and secondary education ON AN EQUAL BASIS WITH OTHERS (del to
the extent possible) ...

Canada proposes the following text for Art.24(2)(d):

...to facilitate their effective education. IN ORDER TO MEET ADEQUATELY THE INDIVIDUAL SUPPORT NEEDS OF PERSONS WITH DISABILITIES, STATES PARTIES SHALL ENSURE THAT EFFECTIVE INDIVIDUALIZED SUPPORT MEASURES ARE PROVIDED IN ENVIRONMENTS WHICH MAXIMISE ACADEMIC AND SOCIAL DEVELOPMENT, consistent with the goal of full inclusion.

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Canada's proposals in respect of Article 27:

Chapeau: "...and shall take other appropriate steps to safeguard and promote the realisation of the right to work, INCLUDING FOR THOSE PERSONS WHO ACQUIRE A DISABILITY DURING THE COURSE OF EMPLOYMENT, including measures to:"

"(a) protect through legislation APPLICABLE TO ALL FORMS OF EMPLOYMENT, THE RIGHTS OF persons with disabilities with regard to NON-DISCRIMINATION IN conditions of recruitment, hiring and employment, continuance of employment, career advancement, working conditions, including equal opportunities and equal remuneration for work of equal value, safe and healthy working conditions, INCLUDING PROTECTION FROM HARASSMENT, and the redressing of grievances"

(b), replacing "in accordance with generally applicable national legislation" with "on an equal basis with others".

"new (j) ensure that women with disabilities enjoy their right to work on a basis of equality [DEL and that women and men with disabilities are
protected from sexual or other harassment at the workplace]. States Parties shall TAKE APPROPRIATE MEASURES TO PROTECT THE WORKPLACE RIGHTS
[DEL ensure that the needs] of women with disabilities during pregnancy
[DEL are met at the workplace]"

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Canada proposes the following amendments to Art.28:

(2) Chapeau - security instead of protection

(2)(a) ...devices and other assistance for disability-related SUPPORTS (DEL needs).

(2)(b) keep text in square brackets, modifying the Aged to Older Persons.

(2)(c) ....from the State (DEL to cover) WITH disability-related expenses including FOR adequate training, counselling, financial assistance and respite care (DEL which should not become a disincentive to develop themselves).

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Art.30(1):

"States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take [DEL all] appropriate measures [DEL to ensure that] TO PROMOTE ACCESS FOR PERSONS WITH DISABILITIES TO ENJOY:

(a) [DEL Enjoy access to] Cultural materials in all accessible formats;

(b) [DEL Enjoy access to] Television programmes, films, theatre, and other cultural activities, in all accessible formats;

(c) [DEL Enjoy access to places for ] cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, [DEL enjoy access] monuments and sites of national cultural importance.

Art.30(3):

"WHEN TAKING APPROPRIATE MEASURES UNDER PARAGRAPH (1), States Parties shall [DEL take all appropriate steps to] ensure that laws protecting [intellectual property rights] [copyright and related rights] do not constitute [DEL an unreasonable or] A discriminatory barrier to access by persons with disabilities [DEL to cultural materials] while respecting the provisions of international law."

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Canada makes the following proposals for amendment to the facilitator's text on children:

Preamble n(ter) - support EU proposed text.

Article 4(3) "...States Parties shall closely consult with and actively involve persons with disabilities, including children with disabilities [delete: and] OR their representative organizations..."

Article 7(4) "STATE PARTIES SHALL UNDERTAKE TO ENSURE THAT every child with A disability [DEL shall have the right to] HAS such measures of protection, assistance and care on the part of his or her family, society and the State as required by his or her minor status and are tailored to his or her individual circumstances. When a child with disability is deprived of his or her family environment or in whose own best interest cannot be allowed to remain in that environment such protection and assistance shall be provided by the State." (drawn from Art.3(2) of the CRC)

Article 16(1)bis "STATES PARTIES SHALL PROTECT CHILDREN WITH DISABILITIES FROM STERILIZATION ON AN EQUAL BASIS WITH OTHERS"

or

"STATES PARTIES SHALL PROTECT CHILDREN WITH DISABILITIES FROM NON-THERAPEUTIC STERILIZATION"

Article 23(2)ter "Where the immediate family is unable to care for a child with disabilities, States Parties shall make every effort to [DEL provide] FACILITATE alternative care within the wider family..."