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Contribution by Governments
China’s proposal on Preamble elaborated together with Mexico, Uganda and Russia
Para. (R) to be changed as follows:
(r) Convinced that a ( Add: Comprehensive and
Integral) convention (On the Rights and Dignity to replace “dealing with specifically with the human
rights) of persons with disabilities ….
And the rest of this para remains unchanged.
Justification:
1. To be consistent with the mandate and stipulations set by the UN Resolution
56/168 that has a clear stipulations and mandate about Ad Hoc Committee and
the nature of the convention.
The resolution reads:
“Decides to establish an Ad Hoc Committee, open to the participation of
all Member States and observers of the United Nations, to
consider proposals for a comprehensive and integral international convention
to promote and protect the rights and dignity of persons with disabilities, based on the holistic approach
in the work done in the fields of social development, human rights and non-discrimination
and taking into account the recommendations of the Commission on Human Rights
and the Commission for Social Development;….”
2. To be consistent with the name of our convention- namely- International
Convention on Rights of Persons with Disabilities.
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Article 1 Purpose
The purpose of the present convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities, and to promote respect for their inherent dignity.
Option 1: The purpose of the present convention is to protect and promote
the rights and dignity of persons with disabilities.
(Note: China proposes to use the wording of the original title, which was
adopted by General Assembly and has been used as the negotiation paper
during the past sessions of the ADC, as the chapeau of this article.)
Option 2: The purpose of the present convention is to promote, protect and
ensure the full and equal enjoyment of all human rights including
the right to development and fundamental freedoms by persons with disabilities, and to
promote respect for their inherent dignity.
(Note: The present convention considers both human rights and social development
aspects of persons with disabilities. Thus we propose to give reference to
development aspect in the purpose article.)
Option 3: The purpose of the present convention is to promote, protect and
ensure the full and equal enjoyment of all human rights and fundamental freedoms
by persons with disabilities, and to promote their full
development and respect
for their inherent dignity.
(Note: the reason is as for Option 2.)
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China proposal on Article 5
Paragraph 3:
"In order to promote equality and eliminate discrimination, states parties undertake to take all appropriate steps to provide reasonable accommodation"
China can agree with the Korean proposal to change "undertake to" to "shall".
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China proposal on Article 14
Paragraph 1(b):
We propose to delete "in no case shall" in Para 1(b) and insert "shall not" before "justify". So the latter part of 1(b)will read "the existence of a disability shall not justify a deprivation of liberty".
China can agree with Japan's proposal to change the latter part of 1(b) to " in no case shall the existence of a disability solely or exclusively justify a deprivation of liberty".
Paragraph 2:
Paragraph 2 should read:
"States Parties shall ensure that if persons with disabilities are deprived of their liberty through a civil, criminal or administrative process, they are entitled to minimum guarantees and to non-discrimination on an equal basis with others."
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Amendment to Article 19: Living independently and being fully included in
the community (China)
States Parties shall take effective and appropriate measures to facilitate
full enjoyment by persons with disabilities of their freedom of choice, living
independently and full inclusion and participation being
fully included in
the community, including by ensuring to the extent possible that:
(Comment: Regarding the proposal to recognize the right to live in the
community, China shares the views of some delegations that we should
not create new rights in this convention although we support the efforts
to meet the demands of persons with disabilities to live and be fully
included in the community.)
(a) Persons with disabilities have the opportunity to choose their place of residence and where and with whom they live on an equal basis with others and are not obliged to live in a particular living arrangement solely on the basis of their disability;
(b) 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 unlawful and arbitrary isolation or segregation from the community;
(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.
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Amendment to Article 21: Freedom of expression and opinion, and access to information (China)
States Parties shall take all appropriate measures to ensure that persons
with disabilities can exercise their right to freedom of expression and opinion,
including the freedom to seek, receive and impart information and ideas on
an equal basis with others and through sign languages, subtitling, writing and Braille, and augmentative alternative communication and all other accessible
means, modes and formats of communication of their choice (or:
to use “through
all ways and means of communication” to replace the language starting
with “sign language” until “formats of communication”),
including by:
(a) Providing information intended for the general public to persons with
disabilities in accessible formats and technologies appropriate to different
kinds of disabilities in a timely possible manner and without additional
cost;
(b) Accepting and facilitating the use of sign languages, writing and Braille,
and augmentative alternative communication and all other accessible means,
modes and formats of communication of their choice by persons with disabilities
in official interactions;
(c) Urging private entities that provide services to the general public,
including through the Internet, to provide information and services in
accessible and usable formats for persons with disabilities;
(d) Urging the mass media, including providers of information through the
Internet, to make their services accessible to persons with disabilities;
(e) [[Developing] [Recognizing] [P and
promoting] a the use of national sign language.]
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Proposal from China (January 26)
Article 32
International cooperation
While the primary responsibility for the protection and promotion of the
rights and dignity of persons with disabilities lies with each State, States
Parties recognize the high importance of international cooperation between
and among States as well as with the United Nations and its relevant specialized
agencies, international and regional organizations, national institutions,
civil society including non-governmental organizations and other relevant
stakeholders, in achieving the purposes of this Convention, and undertake
to take effective measure to implement and promote the cooperation, in
a spirit of solidarity, including by:
(Note: the chapeau is mainly built upon the previous proposals of Mexico,
Vietnam and China.)
(a) Adopting legislative, administrative and other measures to promote and
protect the rights of persons with disabilities, and to raise awareness and
combat stereotypes, to the maximum extent of their available resources, in
coordination with each other as well as in collaboration with international
and regional organizations ;
(Note: this para is built upon the previous proposals of Argentina, Mexico
and China.)
(b) Exchanging and sharing of information especially that concerning progress,
experiences including best practices and challenges in implementing this Convention;
(Note: this para was introduced by China at the 3rd session of ADC and slightly
modified.)
(c) Encouraging the provision of advisory services, technical cooperation including
technology transfer, and bilateral and/or multilateral assistance to the developing
countries so as to strengthen their capacity-building;
(Note: this para is a combination of the previous proposals of Mexico, Vietnam,
Jamaica and China.)
(d) Promoting research and application of assistive technologies for persons
with disabilities and their organizations.
(Note: this para is borrowed from the previous proposals by Mexico and Vietnam.)
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AMENDMENT BY CHINA ON FACILITOR’S TEXT ON INTERNATIONAL COOPERATION
Replace Para 2 with the following:
States Parties recognize further while international cooperation plays a
supplementary/ supportive role, each State Party undertakes to fulfill its
obligations under the present convention.
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Amendment by China
Part I: WOMEN
ARTICLE 6
WOMEN WITH DISABILITIES
2. State Parties shall take all appropriate measures to ensure the
equal rights of women with disabilities to the enjoyment of all rights
set out in this Convention. the full development and advancement of women with disabilities
, for the purpose of guaranteeing them the enjoyment of human rights and
fundamental freedoms on a basis of equality with men.
Note: The amendment was borrowed from article 3 of CEDAW, which is more positive and comprehensive.
ARTICLE 25
HEALTH
b) bis) develop and disseminate policies and programs in fields such as
family-planning and parenthood, pregnancy, childbirth and the post-natal
period, that are inclusive of women with disabilities and protect them
against any form of coercive treatment, including sterilization. ensure them to retain
their fertility on an equal basis with other women and to the extent that
these are permitted by national laws of general application.
Note: The amendment is to be consistent with Article 23.
Part II: Children
PREAMBLE
n ter) Recognizing that children with disabilities, by reason both of their
physical and mental immaturity and of their disability, especially when they
are deprived of family environment and recognizing that children with disabilities
should have full enjoyment of all human rights and fundamental freedoms on
an equal basis with others other children, and recalling obligations to that
end undertaken by States Parties to the Convention of the Rights of the Child.
Note: The amendment keeps consistency with Para 3 of Article 7.
ARTICLE 7
CHILDREN WITH DISABILITIES
1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children and ensure the equal rights of children with disabilities to the enjoyment of all rights set out in this Convention.
2. In all actions situations and for
all measure concerning children with
disabilities the best interest of the child shall be the paramount primary consideration.
ARTICLE 17
PROTECTING THE INTEGRITY OF THE PERSON
2 bis) States Parties shall protect children with disabilities from sterilisation
on the basis of disability
Note: This issue has been dealt with in Article 23.