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Contribution by Governments
SOUTH AFRICA´S RESPONSE TO THE FIRST FACILITATOR´S TEXT DISCUSSSED DURING THE FIRST TWO WEEKS OF THE 7TH SESSION ON ARICLES 6 & 7
OVERALL COMMENTS
25 January 2006
Introductory Comments
Our delegation would like to acknowledge the excellent work done and put forward by especially the IDC, Disabled People’s International as well as the facilitators for articles 6 and 7.
As a country that worked extensively and continue to do so on the elimination of inequality and discrimination on various grounds we, in principle agree that there is a need for a multiple approach in this convention that highlights the following key aspect:
1. A generic focus on the full human development cycle, an emphasis on multiple-discrimination
on any ground as well vulnerable circumstances. We believe that reference to
all people with disabilities is simply not enough as it does not focus the
attention on particular needs across the human development cycle. Each human
developmental stage, multiple-discrimination and each vulnerable circumstance
pose new challenges that must be met across all articles.
2. Specific foci: A focus on women and girls with disabilities from a gender
perspective, but focusing on the measures states need to take regarding CEDAW
obligations and existing obligations is necessary. The issues of gender equality,
but especially the empowerment of women and girls towards gender equality,
in particular, remains an ongoing debate and critical issue deserving attention
at all levels and in all interventions.
A focus on children with disabilities highlighting the measures states need
to take regarding CRC obligations and existing obligations in this convention
applicable to all children with disabilities. The seriousness of child rights
in our country is evidenced by the fact that the CRC was the first Convention
ratified by the first democratic government in 1994.
3. Any other issues not covered by above two mentioned contexts and that deserves
explicit mentioning.
Appropriate placement that will ensure maximum impact is desired.
Furthermore, we acknowledge that although disability and gender mainstreaming are excellent strategies to achieve inclusion through the equalization of opportunities and benefit, we must be realistic in acknowledging the reality on the ground in that it proves that capacities in the public service, civil society and the private sector in general have not be been sufficiently developed to work with mainstreaming (inclusive practices and methodologies in all spheres, all levels and in all fields) at the practical level. Also unless specific deficits are identified and addressed through specific responses it will continue to be marginalized especially in mainstream/unified/holistic practices.
In this context we would like to make the following comments and justification as our inputs/additions/ possible amendments to the facilitator’s text.
Specific inputs to facilitator’s text.
To add to general obligations article 4
To take all appropriate measures to:
1. promote equality and eliminate all forms of discrimination pertaining to
persons with disabilities across the full human development cycle (childhood,
youth, adulthood, old-age) who may be subject to any form of discrimination
(and/or in particular vulnerable circumstances)
2. Identify and remove all obstacles/barriers that prevent persons with disabilities
across the full human development cycle to benefit from mainstream implementation
processes on an equal basis with others.
Justification
(Multiple or aggravated forms of discrimination on the basis of (e.g. race,
sex, religion, birth, age, gender, etc) as well as various or particular vulnerable
circumstances, (e.g. poverty, pandemics, wars, ethnic & cultural intolerance,
minorities, refugees, etc.) affect persons with disabilities across the full
human development cycle namely childhood, youth, adulthood and old age. One
could also expand the use of the phrase “across the full human development
cycle” as well as “aggravated forms of discrimination” and “particular
vulnerable circumstances” in all articles. Furthermore the removal of
obstacles and barriers must be achieved and maintained across the full human
development cycle for this convention to ensure that all persons with disabilities
benefit from mainstream provisions and for the convention to stand the test
of time as we move to inclusive/holistic/unified provisions. Also mainstreaming
as a strategy or “the mainstream” in the context of this convention
must be geared to achieve equality of opportunity and benefit across the full
human development cycle and in all fields for persons with disabilities)
Contributions to article 6: Women and girls with disabilities
1. Paragraph one: We agree with the facilitator’s text with some changes, our change reads: …………….and that focused, empowerment and gender sensitive measures……
Towards the end - reads on the basis of equality with men and boys with disabilities to add…… as well as women and girls with no disabilities.
To Read:
States Parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused, empowerment and gender sensitive measures are necessary to ensure that women and girls with disabilities enjoy all human rights and fundamental freedoms on the basis of equality with men and boys with disabilities as well as women and girls with no disabilities.
2. Inclusion of new paragraph 2 to strengthen paragraph one and read as follows
The specific measures by states shall ensure that:
a. In fulfilling obligations under CEDAW and this convention all rights are
implemented fully in respect of women and girls with disabilities.
b. Reports provided to the relevant treaty body under the terms of CEDAW and
the present convention shall address fully measures taken to implement all
rights in respect of women and girls with disabilities. (Could also be shifted
to the article on monitoring)
c. Empowerment programmes, accommodations and access to mainstream services
and resources are tailored to the specific needs of women and girls with disabilities
towards gender equality in terms of CEDAW and this convention.
Justification
(This convention must fix what other conventions failed to achieve for persons
with disabilities in general but more specifically ensuring that States do
take the issues of women and girls with disabilities from a gender perspective
and empowerment in consideration in particular in relation to the implementation
and monitoring of CEDAW. Empowerment of women and girls is of paramount importance
in this context so as to achieve gender equality. In this context this convention
must identify and spell out what the measures of States must ensure effectively.)
Recommendations for specific text per article on the issues of women and girls
The text of IDC is worth considering for possible inclusion of specific issues
related to women and girls from a gender perspective in general in various
articles of this convention and we recommend careful consideration of their
proposals against the facilitator’s text.
Contributions to article 7: Children with disabilities
1. We recommend that the text of the facilitator proposed for inclusion in the preamble be retained, but be considered for inclusion in the obligations or as part of this chapter, should a separate article remain. If shifted and with changes it could read as follows:
Recognizing that specific measures are necessary that will ensure children with disabilities have full enjoyment of all human rights on an equal basis with other and fundamental freedoms, without discrimination on the basis of disability, and recalling obligations to that end undertaken by States Parties to the Convention on the Rights of the Child.
2. We recommend that the text of IDC with slight re-organization and additions
to the text be inserted as paragraph two to strengthen paragraph one irrespective
of its placement and to read as follows:
Specific measures by states shall ensure that:
a. all rights are implemented fully in respect of children with disabilities
in fulfilling obligations under both the CRC and this convention:
b. reports provided to the relevant treaty body under the terms of the CRC
and this convention shall fully address measures taken to implement all the
rights in respect of children with disabilities.(could also be shifted to the
article on monitoring)
c. Children with disabilities benefit from all mainstream strategies, policies
and programmes aimed at children on an equal basis.
Justification
(This convention must fix what other conventions failed to achieve for children
with disabilities in general but more specifically ensuring that States do
take the issues of children with disabilities and their empowerment in consideration
in particular in relation the implementation and monitoring of the CRC. Empowerment
of children in this context so as to achieve equality in relation to children
with no disabilities is of critical importance. In this context this convention
must identify and spell out what the measures of States must ensure effectively.)
Recommendations for specific text per article on the issues of children
We further support IDC’s recommendations and recommend that it be considered for possible inclusion in specific articles related to children in general in various articles of this convention and we recommend that it replace the facilitator’s text where appropriate.
Justification
(The empowerment of children with disabilities in all fields is of utmost importance as they are the ones primarily experiencing inequality and discrimination in comparison with children with no disabilities. Areas where empowerment is especially needed must be emphasized in this convention in separate articles)
SUMMARIZED VERSION
25 January 2006
SOUTH AFRICA’S FIRST RESPONSE TO THE FIRST FACILITATOR’S TEXT
Should specific articles be favored then we recommend the following text:
Article 6: Women with Disabilities
Facilitator’s Text:
1. State Parties recognize that women and girls with disabilities are subject
to multiple discrimination and that focused, sex-specific and gender sensitive
measures are necessary to ensure that women and girls with disabilities enjoy
all human rights and fundamental freedoms on the basis of equality with men
and boys with disabilities.
We propose the following changes to the facilitator’s text:
(a): The deletion of “sex-specific” and addition of “empowerment”.
(b): “as well as women and girls with no disabilities” to be added to the end of the last sentence.
The amended text would read:
State Parties recognize that women and girls with disabilities are subject
to multiple discrimination and that focused, empowerment and gender sensitive
measures are necessary to ensure that women and girls with disabilities enjoy
all human rights and fundamental freedoms on the basis of equality with men
and boys with disabilities as well as women and girls with no disabilities.
In line with CEDAW a paragraph 2 is recommended to both strengthen paragraph
1 and be in line with CEDAW. Please see the below proposed text for paragraph
two
2. Measures by states shall ensure that:
a. in fulfilling obligations under CEDAW and this convention all rights are
Implemented fully in respect of women and girls with disabilities.
b. reports provided to the relevant treaty body under the terms of CEDAW and
the
present convention shall address fully measures taken to implement all rights
in
Respect of women and girls with disabilities. (could also be shifted to monitoring)
c. empowerment programmes, accommodations and access to mainstream services
and resources are tailored to the specific needs of women and girls with disabilities
towards gender equality in terms of CEDAW and this convention.
25 January 2006
SOUTH AFRICA’S RESPONSE TO THE FIRST FACILITATORS TEXT
Should a separate article on children be favored we recommend the following text.
1. Article seven Children with Disabilities
1.(a) As the facilitator’s text stands, children are recognized in the Preamble. The Preamble, however, is not an operative part of the Convention. Moving the below Facilitator’s Text to Article 7: Children with Disabilities would ensure their interests are covered in the legally binding portion of the Convention.
Facilitator’s Text:
N bis:
Recognizing that children with disabilities should have full enjoyment of
all human rights on an equal basis with other and fundamental freedoms, without
discrimination on the basis of disability, and recalling obligations to that
end undertaken by States Parties to the Convention on the Rights of the Child.
1. (b) (i) In addition to the above text, the following words would shift the focus and strengthen the language: “specific measures are necessary that will ensure”.
N bis, therefore, would become paragraph 1 for Article 7: Children with Disabilities and with these amendments will read as follows:
Recognizing that specific measures are necessary
that will ensure children
with disabilities have full enjoyment of all human rights on an equal basis
with other and fundamental freedoms, without discrimination on the basis of
disability, and recalling obligations to that end undertaken by States Parties
to the Convention on the Rights of the Child.
1. (b) (ii) The IDC text is well developed and we recommend its inclusion as paragraph two in a specific article on children. It will link with paragraph one above because it expands on just what measures are being ensured.
IDC text with adjustments:
Specific measures shall ensure that:
a. all rights are implemented fully in respect of children with disabilities
in fulfilling obligations under both the CRC and this convention:
b. reports provided to the relevant treaty body under the terms of the CRC
and this convention shall fully address measures taken to implement all the
rights in respect of children with disabilities (note that this could also
be shifted to the article on monitoring).
c. children with disabilities benefit from all mainstream strategies, policies
and programmes aimed at children on an equal basis with others.
We feel strongly that this is an important issue, however could perhaps best be dealt with in a separate article
Facilitators Text, paragraph 2:
State Parties recognize that children with disabilities are disproportionately vulnerable to non registration of their birth and as a result be denied other rights and shall take all necessary measures to ensure that children with disabilities have equal rights regarding registration after birth and acquisition of a name and nationality.
2. Children as addressed in specific articles other than article 7.
The text of IDC is worth exploring for inclusion in the Text especially
To include under general obligation -“respect for the evolving capacities
of children with disabilities and the right to express their views freely on
all matters of concern to them and to have them given due weight in accordance
with age and maturity”
25 January 2006
SOUTH AFRICA’S RESPONSE TO THE FIRST FACILITATORS TEXT
Should women and children be considered generally, instead separately, in Article 4 (General Obligations), we propose the following text.
To add to general obligations article 4
To take all appropriate measures to:
3. promote equality and eliminate all forms of discrimination pertaining to
persons with disabilities across the full human development cycle (childhood,
youth, adulthood, old-age) who may be subject to any form of discrimination
(and/or in particular vulnerable circumstances)
4. identify and remove all obstacles/barriers that prevent persons with disabilities
across the full human development cycle to benefit from mainstream implementation
processes on an equal basis with others.
3. Ensure that this convention and other applicable conventions (such as CEDAW
and the CRC) are implemented and monitored fully with respect to women and
children.
Justification for points 1 and 2
Multiple or aggravated forms of discrimination on the basis of (e.g. race, sex, religion, birth, age, gender, etc) as well as various or particular vulnerable circumstances, (e.g. poverty, pandemics, wars, ethnic & cultural intolerance, minorities, refugees, etc.) affect persons with disabilities across the full human development cycle namely childhood, youth, adulthood and old age. One could also expand the use of the phrase “across the full human development cycle” as well as “aggravated forms of discrimination” and “particular vulnerable circumstances” in all articles. Furthermore the removal of obstacles and barriers must be achieved and maintained across the full human development cycle for this convention to ensure that all persons with disabilities benefit from mainstream provisions and for the convention to stand the test of time as we move to inclusive/holistic/unified provisions. Also mainstreaming as a strategy or “the mainstream” in the context of this convention must be geared to achieve equality of opportunity and benefit across the full human development cycle and in all fields for persons with disabilities)
Justification for point 3
This convention must fix what other conventions failed to achieve for persons with disabilities in general but more specifically ensuring that states do take the issues of women and girls with disabilities in consideration in relation to the implementation and monitoring of CEDAW and similarly for children with disabilities in relation to the implementation and monitoring of the CRC.
RESPONSE TO THE SECOND DRAFT OF THE FACILITATORS TEXT ON ARTICLE 6 AND 7 AT THE 7TH SESSION
30 January 2006
PART ONE
WOMEN AND GIRLS WITH DISABILITIES
Preamble
The following adjustments to the language for the proposed n (bis) in the
Preamble is therefore proposed
“Recognizing that women and girls with disabilities are subject to multiple
discrimination and that they are often at greater risk of gender based violence,
exploitation, injury, abuse and neglect”
Justification
We are of the opinion that the fact that women and girls with disabilities are, firstly subject to multiple discrimination and, secondly that they are especially vulnerable should be recognized and we therefore propose that the reference to women and girls with disabilities are subjected to multiple discrimination, could also be moved to the Preamble.
Article six
We agree with all the principles contained in the facilitator’s text, but we have simply streamlined the language and we propose the following language:
“State Parties shall take all appropriate measures
to ensure full and equal enjoyment by women and girls with disabilities of
all human rights and fundamental freedoms on an equal basis with others,
including focused, empowering and gender sensitive measures to implement
this Convention and other applicable Conventions with respect to women and
girls with disabilities.”
We are flexible on whether further reference to women and girls with disabilities should form part of the General Obligations and whether it should be contained in a separate Article.
We realize that the reference to the enjoyment of human rights and fundamental freedoms might seem to be superfluous in view of the fact that these principles are contained in the purpose to the Convention, but in view of the vulnerability of women with disabilities to discrimination, we feel that a repetition of these principles are well founded.
We support article 25.
PART TWO
SOUTH AFRICA’S RESPONSE TO THE FACILITATOR’S TEXT ON CHILDREN
Preamble:
We agree with the EU and the IDC that the words “by reason both of their
physical and mental immaturity and of their disability, especially when they
are deprived of family environment‘can be deleted from the facilitator’s
text. We support the rest of the language. IDC´s text in particular is
favored in this context.
General principles:
We do not think that the reference to preservation of identity is necessary
in (h) as this is already covered in the CRC and is redundant. We however agree
with the inclusion of the text: respect for the evolving capacities of every
child with disabilities.
General obligations:
We can live with the inclusion of the words ‘including children with
disabilities’ in sub par 3
Article 7
We are once again flexible on whether the facilitator’s text in this article is contained in a separate article or in the obligations.
We support the wording as contained in the facilitator’s text on Article 7 par 1, 2 and 3 but would propose the following wording for par 4:
State parties shall ensure that measures are taken for
the protection and care of children with disabilities and that they have
access to children’s
services on an equal basis with other children.
Rest of the Articles.
We agree with the facilitator’s text for article 18, 23 and all common
provisions in part three