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Contribution by Governments
Interpretive Norm of the Convention – Chilean Proposal
"The dispositions of this Convention should always be interpreted in the most favorable sense towards people with disabilities, avoiding any detriment of their rights"
Location: in general obligations (Art. 4) or in the Monitoring articles
Justification: The need to bestow the Convention this important element for its appropriate application
-- an interpretive norm will permit the authorities and judges (at the national level), as well as the monitoring mechanism to be established in the Convention, to close any possibility of detriment or weakening of the rights of people with disabilities.
-- a norm such as this provides consistency to the coordinated internal interpretation of the convention articles
-- the proposed norm is different than the disposition that promotes the application of more beneficial norms contemplated in other juridical instruments at both the national and international levels (Art. 4, last literal reference)
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Chile's proposal on Article 13 - Access to Justice
a) Judges, auxiliary staff in justice administration, and police services, should be permanently trained for the adequate attention of people with disabilities, regardless of the procedural role they may carry out.
b) Judicial and police procedures should consider the necessary adjustments for their use by persons with distinct disabilities.
c) Prison and penitentiary services should adopt all measures, including the
training of its personnel, for the adequate reception and lasting stay of penal
residents with disabilities.
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