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Article 11 - Situations of risk
Background Documents | Article 11 Background
Seventh Session | Fifth
Session | Fourth
Session | Third Session
Working Group
Seventh Session
Governments
Non-governmental organizations
International Disability Caucus
International Disability Convention Solidarity in Korea (IDCSK)
People with Disability Australia
Comments, proposals and amendments submitted electronically
Governments
(separate paragraph under article 11)
States parties shall take, in accordance with their obligations under international law, including International Humanitarian Law and International Human Rights Law, all necessary measures to ensure the safety and protection of persons with disabilities under foreign occupation and that institutions which provide them with care and rehabilitation are not targeted or placed in danger.
Article 11
EU Proposal: The EU can accept a separate article and can accept this specific text.
States Parties recognize that in situations of risk to the general population persons with disabilities are especially vulnerable and shall take all feasible measures for their protection.]
Article 11
States Parties recognize that in situations of risk to the general population persons with disabilities are especially vulnerable and shall take all feasible measures for their protection.
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
Article 11
Chairman’s text amended by the IDC
States Parties recognize that in situations of risk to the general population persons with disabilities are especially (REPLACE “vulnerable” BY “neglected”) and shall take all feasible measures for (REPLACE “their protection” BY “the protection of their human rights, according to international law.”)
(JUSTIFICATION: The purpose of article 11: "situations of risk" is, to remind States Parties, that in natural disasters, wars, armed conflicts and other situations of risk, persons with disabilities are often forgotten and left behind.
The terminology “vulnerable” has negative implications, especially when referring to persons with disabilities. The word "vulnerable" does not really reflect the situation of "being forgotten or left behind". The word NEGLECTED is, unfortunately, much closer to reality.
Reference to international laws, such as the Geneva Convention, is necessary, but the risk should be avoided to have language that implies protection against a disability.)
INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA (IDCSK)
Article 11
IDCSK fully supports the proposals made by the IDC except only the below.
States Parties recognize that in situations of risk (ADD: including natural disaster, wars, armed conflicts) to the general population persons with disabilities are especially (REPLACE “vulnerable” BY “neglected”) and shall take all feasible measures for (REPLACE “their protection” BY “the protection of their human rights, according to international law.”)
Article 11
Revisions and Reasons: Add “and disadvantaged” after “vulnerable”
[Reason] We support the general terms of the current draft since it is not necessary to mention specific situations of risk.
However, the need to improve the environment for ensuring safety needs to be emphasized.
Related Domestic Measures:
The Cabinet Office has drawn up “guidelines for assisting evacuation of persons in need of support in the event of disasters”(March, 2005), and is currently studying further concrete measures that can be taken in support, by organizing “Commission of inquiry into measures necessary for the evacuation of persons in need of support in the event of disasters.” In the event of disasters, providing information to persons with disabilities and taking measures to ensure their safety are important.
PEOPLE WITH DISABILITY AUSTRALIA (PWDA)
Report on National Consultations
Article 11
Chair’s text
[States Parties recognize that in situations of risk to the general population persons with disabilities are especially vulnerable and shall take all feasible measures for their protection.]
There was general support for this article as it was understood to focus on responses to emergency situations to ensure people with disability are adequately protected in such situations. Participants sought to distinguish between situations where people were at risk of harm from others and those where people were at risk from man-made and natural disasters. To this end, participants recommended re-titling the article to ‘situations of emergency’.
Participants re-iterated support for the 2004 Australian consultation findings in which it was pointed out that emergency arrangements at the domestic and international levels typically fail to address the specific needs of people with disability, whether this is in relation to emergency egress from buildings, or the provision of essential social assistance to people with disability displaced by armed conflict or natural disaster. A number of participants noted that the treatment of people with disability in situations of emergency is particularly pertinent at this time in the context of ‘homeland security’ measures and recent natural disasters.
Some participants pointed to the need to ensure that plans for dealing with emergency situations need to be appropriate and relevant to people with disability and the importance of including people with disability in the planning process.
Recommended text
People with Disability in Situations of Emergency
States Parties to this convention shall take immediate and effective measures to eliminate discrimination on the ground of disability in situations of emergency. This shall include:
(a) The elimination of discrimination on the ground of disability from emergency response arrangements;
(b) The development and implementation of special measures required to provide for the safety of people with disability in emergency situations on equal terms with others, as far as technically possible;
(c) The incorporation of any specific health care, aids and appliances and other social assistance required by people with disability into emergency relief provided to persons in emergency
(d) The inclusion of people with disability in the planning of emergency measures.