 |
 |
|
|
|
|
Contribution by Governments
Article 8
Raising awareness regarding disability
1. States Parties undertake to adopt immediate and effective measures:
(a) To raise awareness throughout society regarding disability and persons
with disabilities, and to foster respect for their rights;
(b) To combat stereotypes and prejudices about persons with disabilities in
all areas of life;
(c) To promote awareness of the capabilities and contributions of persons with
disabilities.
2. Measures to this end include:
(a) Initiating and maintaining effective public awareness campaigns designed:
(i) To nurture receptiveness to the rights of persons with disabilities;
(ii) To change negative perceptions and social prejudices towards persons with
disabilities in all matters of sexuality, marriage, parenthood and family relations
of persons with disabilities;
(iii) To promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market;
(b) Fostering at all levels of the education system, including in all children
from an early age, an attitude of respect for the rights of persons with disabilities;
(c) Encouraging all organs of the media to portray persons with disabilities
in a manner consistent with the purpose of the present Convention;
(d) Promoting disability-sensitive awareness training programmes.
________________________________________________________________________________________
Article 9
Accessibility
1. States Parties shall take appropriate measures to ensure accessibility
for persons with disabilities by identifying and eliminating obstacles to
the built environment, to transportation, to information and communications,
including information and communications technologies, and to other services,
in order to ensure the capacity of persons with disabilities to live independently
and to participate fully in all aspects of life, including
in the urban and rural areas. These measures shall apply to, inter alia:
(a) The construction and renovation of public buildings, roads and other facilities
for public use, including schools, housing, medical facilities, in-door and
out-door facilities and publicly owned workplaces;
(b) The development and remodelling of public transportation facilities, communications
and other services, including electronic services.
2. States Parties shall also take appropriate measures:
(a) To provide in public buildings and facilities signage in Braille and easy
to read and understand forms;
(b) To provide forms of live assistance and intermediaries, including guides,
readers and sign language interpreters, to facilitate accessibility to public
buildings and facilities;
(c) To develop, promulgate and monitor the implementation of minimum national
standards and guidelines for the accessibility of public facilities and services;
(d) To ensure that private entities which provide public facilities and services
take into account all aspects of accessibility for persons with disabilities;
(e) To provide training for all stakeholders on accessibility issues facing
persons with disabilities;
(f) To promote access for persons with disabilities to the new communication
technologies and systems, including the Internet;
(g) To promote the design, development, production and distribution of accessible
information and communication technologies at an early stage, so that the information
society becomes inclusive at minimum cost;
(h) To promote other appropriate forms of assistance and support to persons
with disabilities to ensure their access to information.
________________________________________________________________________________________
Article 15
Freedom from torture or cruel, inhuman or degrading treatment or punishment
1. No person with disabilities shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. In particular, States Parties
shall prohibit, and protect persons with disabilities from, medical or scientific
experimentation without the free and informed consent of the person concerned.
2. States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities from being subjected to torture or cruel, inhuman or degrading treatment or punishment.
________________________________________________________________________________________
Article 16
Freedom from exploitation, violence and abuse
1. States Parties shall take all appropriate legislative, administrative,
social, educational and other measures to protect persons with disabilities
both within and outside the home, from all forms of exploitation, violence
and abuse, such as physical or mental violence, injury
or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual and economic exploitation and abuse, abandonment and harassment.
2. States Parties shall also take all appropriate measures to prevent exploitation,
violence and abuse by ensuring, inter alia, appropriate forms of assistance
and support for persons with disabilities and their families and caregivers,
including through the provision of information and education on how to avoid,
recognize and report instances of exploitation, violence and abuse.
3. In order to prevent the occurrence of exploitation, violence and abuse,
States Parties shall ensure that all facilities and programmes designed to
serve persons with disabilities are effectively monitored by independent
authorities.
4. States Parties shall take all appropriate measures to promote the physical,
cognitive and psychological recovery, rehabilitation and social reintegration
of persons with disabilities who become victims of any form of exploitation,
violence or abuse, including through the provision of protection services.
Such recovery and reintegration shall take place in an environment that fosters
the health, welfare, self-respect, dignity and autonomy of the person.
5. States Parties shall put in place effective legislation and policies to
ensure that instances of exploitation, violence and abuse against persons
with disabilities are identified, investigated and, where appropriate, prosecuted.
________________________________________________________________________________________
Article 17
Protecting the integrity of the person
1. States Parties shall protect the dignity and integrity of the person
of persons with disabilities on an equal basis with others.
2. States Parties shall protect persons with disabilities from forced interventions
or forced institutionalization aimed at correcting, improving or alleviating
any actual or perceived impairment. In particular, States Parties shall prohibit,
and protect persons with disabilities from, medical or scientific experimentation
without the free and informed consent of the person concerned
3. In cases of medical emergency or issues of risk to public health involving
involuntary interventions, persons with disabilities shall be treated on
an equal basis with others.
[4. States Parties shall ensure that involuntary treatment of persons with
disabilities is:
(a) Minimized through the active promotion of alternatives;
(b) Undertaken only in exceptional circumstances, in accordance with procedures
established by law and with the application of appropriate legal safeguards;
(c) Undertaken in the least restrictive setting possible, and that the best
interests of the person concerned are fully taken into account;
(d) Appropriate for the person and provided without financial cost to the individual
receiving the treatment or to his or her family.]
________________________________________________________________________________________
Article 18
Liberty of movement
[States Parties shall take effective measures to respect and ensure the
rights of persons with disabilities to liberty of movement on an equal basis
with others, including by ensuring that persons with disabilities:
(a) Have the right to acquire a nationality and are not deprived of their nationality
arbitrarily or on the basis of disability;
(b) Are not deprived, on the basis of disability, of their ability to posses
and utilize documentation of their nationality or other documentation of identification,
or to utilize relevant processes such as immigration proceedings, that may
be needed to facilitate exercise of the right to liberty of movement;
(c) Are free to leave any country, including their own and
to move freely within their country of origin.
________________________________________________________________________________________
Article 20
Personal mobility
States Parties shall take effective measures to ensure liberty of movement
with the greatest possible independence and autonomy for persons with disabilities,
taking into account the different conditions of the
urban and rural areas,
including:
(a) Facilitating the freedom of movement of persons with disabilities in the
manner and at the time of their choice, and at affordable cost;
(b) 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;
(c) Providing training in mobility skills to persons with disabilities and
to specialist staff working with persons with disabilities;
(d) Encouraging private entities that produce mobility aids, devices and assistive
technologies to take into account all aspects of mobility for persons with
disabilities.
________________________________________________________________________________________
Article 21
Freedom of expression and opinion, and access to information
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, and Braille, and augmentative
alternative communication and all other accessible means, modes and formats
of communication of their choice, 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 manner and without additional cost;
(b) Accepting and facilitating the use of sign languages, 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;
(d.bis) Providing access to education and training on the use of alternative
communication to the families of the persons with disabilities and to
the general
public.
(e) [[Developing] [Recognizing] [Promoting] a national sign language.]
________________________________________________________________________________________
Article 23
Respect for the home and the family
1. States Parties shall take effective and appropriate measures to eliminate
discrimination against persons with disabilities in all matters relating
to marriage, family and personal relations, and in particular shall ensure,
on an equal basis with others:
(a) That persons with disabilities are not denied the equal opportunity to
experience their sexuality, have sexual and other intimate relationships and
experience parenthood [in accordance with national laws, customs and traditions
of general application];
(b) That the right of all persons with disabilities who are of marriageable
age to marry and to found a family on the basis of free and full consent of
the intending spouses is recognized and that spouses should be equal partners;
(c) The rights of persons with disabilities to decide freely and responsibly
on the number and spacing of their children and not to
be subjected to forced sterilization and to have access to information, reproductive and family planning
education, the means necessary to enable them to exercise these rights and
the equal opportunity to experience parenthood, retain
their fertility to the
extent that these are permitted by national laws of general application.
2. States Parties shall ensure the rights and responsibilities of persons with
disabilities with regard to guardianship, wardship, trusteeship and adoption
of children, or similar institutions where these concepts exist in national
legislation; in all cases the interests of the children shall be paramount.
States Parties shall render appropriate assistance to disabled persons in the
performance of their child-rearing responsibilities.
3. States Parties shall ensure that a child is not separated from his or her
parents against their will, except when competent authorities determine, in
accordance with national laws and procedures of general application and subject
to judicial review or other forms of administrative review as established by
law, that such separation is necessary for the best interests of the child.
In no case shall a child be separated from parents on the basis of a disability
of either the child or one or both of the parents.
________________________________________________________________________________________
Article 24
Education
1. States Parties recognize the right of persons with disabilities to education.
With a view to achieving this right without discrimination and on the basis
of equal opportunity, States Parties shall ensure an inclusive education
at all levels and life-long learning directed to:
(a) The full development of the human potential and sense of dignity and self
worth, and the strengthening of respect for human rights, fundamental freedoms
and human diversity;
(b) The development by persons with disabilities of their personality, talents
and creativity, as well as their mental and physical abilities, to their fullest
potential;
(c) Enabling persons with disabilities to participate effectively in a free
society.
2. In realizing this right, States Parties shall ensure:
(a) That persons with disabilities are not excluded from the general education
system on the basis of disability, and that children with disabilities are
not excluded from free and compulsory primary and secondary education on the
basis of disability;
(b) That persons with disabilities can access inclusive, quality, free primary
and secondary education to the extent possible in the communities in which
they live;
(c) Reasonable accommodation of the individual’s requirements;
(d) That persons with disabilities receive the support required, within the
general education system, to facilitate their effective education. In exceptional
circumstances where the general education system cannot adequately meet the
support needs of persons with disabilities, States Parties shall ensure that
effective alternative support measures are provided, consistent with the goal
of full inclusion;
(e) The development of initial and continuing training, which incorporates
disability awareness, the use of appropriate communication means and modes,
educational techniques and materials to support persons with disabilities,
for all professionals and staff who work at all levels of education.
3. States Parties shall enable persons with disabilities to learn life and
social development skills to facilitate their full and equal participation
in education and as members of the community. To this end, States Parties shall:
(a) Facilitate the learning of Braille, alternative script, orientation and
mobility skills, and facilitate peer support and mentoring;
(b) Facilitate the learning of sign language and the promotion of the linguistic cultural identity of the deaf community;
(c) Ensure that the education of children who are blind, deaf and deaf/blind
is delivered in the most appropriate languages and modes of communication for
the individual, and in environments which maximize academic and social development.
(c) bis. Provide access to education and continuous training on learning techniques
and methodologies to the families and members of the social environment of
the persons with disabilities
4. States Parties shall take appropriate measures to ensure quality education
to students with sensory disabilities through the employment of teachers who
are fluent in sign language or Braille, including teachers with disabilities.
5. States Parties shall ensure that persons with disabilities may access general
tertiary education, vocational training, adult education and lifelong learning
without discrimination and on the basis of equality of opportunity. To that
end, States Parties shall render appropriate support to persons with disabilities.
________________________________________________________________________________________
7th session of the AHC – January 24, 2006
PROPOSAL BY MEXICO
ARTICLE 25 : HEALTH
States Parties recognize that persons with disabilities have the right to
the enjoyment of the highest attainable standard of physical and mental health
without discrimination on the basis of disability. States Parties shall take
all appropriate measures to ensure access for persons with disabilities to
health services, including health-related rehabilitation. In particular,
States Parties shall:
(a) Provide and guarantee to persons with disabilities with
the same range and standard of affordable health services as provided other
persons, [including sexual and reproductive health services1 ] including and population-based
public health programmes;
(b) Provide and guarantee those health services needed by
persons with disabilities specifically because of their disabilities, including
early identification and intervention as appropriate, and services designed
to minimize and prevent further disabilities, including among children and
the elderly including health related rehabilitation;
(b) bis Provide and guarantee services designed to minimize
and prevent further disabilities, including among children and the elderly;
(c) Provide and guarantee these health services as
close as possible to people’s own communities, including in rural areas;
(d) Require health professionals to provide care of the same quality to persons
with disabilities as to others and on the basis of free and informed consent by,
where necessary, raising awareness of the human rights, dignity, autonomy and
needs of persons with disabilities through training and the promulgation of
ethical standards for public and private health care;
(d) bis Provide training to health professionals in order
to raise awareness of the human rights, dignity, autonomy and needs of persons
with disabilities;
(d) ter Promulgate ethical standards for public and private health
care
(e) Prohibit discrimination against persons with disabilities in the provision
of health insurance, and life insurance where permitted by national law under
the terms of national legislation, which shall be provided in a fair
and reasonable manner.
Footnotes:
1 Mexico believes that health services should be seen as an integral and comprehensive concept to be provided to persons with disabilities on an equal basis with others.
________________________________________________________________________________________
Proposal by Mexico on behalf of Argentina, Brasil, Chile, Colombia, Costa Rica Ecuador, El Salvador, Guatemala, Jamaica, Israel and Uruguay
7th session of the AHC – February 2nd, 2006
Article 27
Work and employment
(e) To promote opportunities for self-employment, entrepreneurship, cooperatives
development and starting one’s own business.
________________________________________________________________________________________
Principles and Elements for a provision on International Cooperation in
the context of a comprehensive and integral international convention to protect
and promote the rights and dignity of persons with disabilities
1. States Parties recognize the high importante of international cooperation
in the realization of the purposes of the convention.
2. The obligation of States Parties to fulfill their obligations under
the convention is not contingent upon international cooperation.
3. A wide variety of stakeholders participate in international cooperation.
- Among these, the concept of cooperation “between and among States” was
underscored; as well as the participation of civil society, in particular
organizations of persons with disabilities, in international cooperation.
4. Support in capacity building.
- Many delegations indicated the need to elaborate this issue in more detail.
Therefore, further discussions will be required.
5. The need for international cooperation development programmes to be inclusive
of and accessible to persons with disabilities.
- In this regard, some delegations noted that this provision could be already
covered by draft article 4 (c), thus creating duplication. However, it was
also noted that the provisions in article 4 refer mostly to measures at the
national level and not to the international realm. Therefore, a number of
delegations considered that such reference had a different purpose.
6. The exchange of information and experiences, including best practices.
7. Technical assistance.
- In connection with this issue, a number of delegations highlighted the
need to include access to technologies, in particular assistive and accessible
technologies. However, some delegations considered such a reference to
be too detailed.
- In connection to the issues addressed in paragraphs 6 and 7, various delegations highlighted the need to include the matter of access to scientifical and technical knowledge.
8. Encourage the provision of economic assistance, including through public
and private entities, to the extent possible;
- A number of delegations did not agree to the inclusion of economic assistance
amongst the elements of international cooperation.
- It was noted that in other international instruments economic assistance
has traditionally been considered jointly with technical assistance as an
element of international cooperation;
- There was not an agreement regarding the inclusion of the private sector,
since some delegations expressed their concern in that respect.
9. International cooperation should only be linked to the realization of
social, economic, and cultural rights of the convention.,
- There was not agreement as to the inclusion of this principle, since many
delegations considered that in view of the hybrid nature of many of the provisions
in the convention all of them could benefit from international cooperation,
and it would be difficult to distinguish and select which ones are or are
not relevant to the disposition on international cooperation.
- Some delegations considered it important to include this principle, in
light of the precedents of other human rights treaties.
* One delegation requested that the possibility of including a reference to the progressive realization of economic, social and cultural rights be included in the context of a provision on international cooperation. It was generally agreed that in the light of the discussions on article 4 of the draft convention on that same issue, the proposed reference could not be necessary if a general provision on progressive realization were to be agreed in draft article 4.