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Background Documents | Article 10 Background
Seventh Session | Fifth
Session | Fourth
Session | Third Session
Working Group | References
Seventh Session
Governments
Non-governmental organizations
Comments, proposals and amendments submitted electronically
Governments
Article 10
EU Proposal: The EU can accept the text of this article.
States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Article 10
Intervention on Para 10
We presume that the addition of the words suggested by the International Disability Convention refer to the termination of life as a fetus. This would open up a very protracted debate, which could go on endlessly. It would therefore be in the interest of the Convention to accept the text of the Chair.
Article 10
States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS (IDC)
Article 10
States Parties reaffirm (ADD: “and shall recognize”) that every human being (ADD: “in all stages of life”) has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
(JUSTIFICATION: The IDC proposes general language to cover all possible groups in all stages of life: girls, boys, women, men, and transsexual. The IDC proposes “shall recognise" to complement instead of “reaffirm” as reaffirm is the language of declarations and is weaker. Using “shall recognize” makes it also more evident, that the "right to life" also includes "the right to survive")
(NEW: “Disability is not a justification to terminate life."
(JUSTIFICATION: The IDC proposes this wording as this is a violation that this Convention should address.)
Article 10
Comment:
We support the current draft Article.
PEOPLE WITH DISABILITY AUSTRALIA (PWDA)
Report on National Consultations
Article 10
Chair’s text
States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.
Some participants noted that this article is a restatement of the right contained in International Convention on Civil and Political Rights (ICCPR) and that there has been extensive discussion at the Ad Hoc Committee sessions and that the recommendation has always reverted to the right contained in ICCPR.
Participants re-iterated support for the findings of the 2004 Australian consultation on this article. In particular, some participants expressed concern that external debates on bio-ethics, human genome project and life sustaining measures may necessitate finding ways in which other articles and existing mechanisms within the instrument can encapsulate key rights.
Nevertheless, participants who discussed this article recognised the need for the article to remain succinct. It was therefore recognised that within the limited scope of the consultation and the likely debates to occur at the Ad Hoc Committee, that at this point, there is general support for the article and no amendments or revisions to the Chair’s Text are proposed.