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Article 11 - Situations of risk
Background Documents | Article 11 Background
Seventh Session | Fifth
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Session | Third Session
Working Group
Governments
UN System organizations
Non-governmental organizations
Bizchut
European Disability Forum
Indian NGO Consultative Meeting
International Save the Children Alliance
Landmine Survivors Network
World Blind Union
World Federation of the Deaf/Blind
Comments, proposals and amendments submitted electronically
Governments
COSTA RICA
Art 8: right to life
States Parties reaffirm the inherent right to life of all persons, and shall
take all necessary measures to ensure its enjoyment by persons with disabilities.
Populations in special risk
States Parties, in accordance to their obligations in the context of the Universal
Declaration of Human Rights, the international treaties and conventions of human
rights and humanitarian law, shall take all necessary measures to ensure the
protection of persons with disabilities that are affected by armed conflict,
are refugees, are internally displaced, live in extreme poverty, live in rural
or remote scattered populations, or are victims of natural disasters.
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EUROPEAN UNION
Draft Article 8
RIGHT TO LIFE
States Parties reaffirm the inherent right to life of all persons with disabilities,
and shall take all necessary measures to ensure its effective enjoyment by them.
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INDIA
Article-8
State parties shall ensure to the maximum extent possible to survival and development
of persons with disability (this has been reflected in the compilation text
distributed during the Convention but not reflected in the copy of the country-wise
proposal to the draft text).
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UN System organizations
OHCHR
See references to international human rights conventions and jurisprudence
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Non-governmental organizations
BIZCHUT
Draft Article 8 – Right to Life
Reaffirming the right to life for persons with disabilities undermines the assumption
that it is unquestionable
We are concerned that by specifically mentioning the “right to life” for persons
with disabilities, they are thereby placed in a category where this right is
not assumed to be a non-negotiable given. Such mention may have an adverse effect
on the discourse of rights because there is an insinuation that their right
to life is questionable.
Therefore, we suggest that the Convention should not include this article.
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EUROPEAN DISABILITY FORUM
Draft Article 8 Right to life
The wording in the Convention on the Rights of the Child is stronger and could
be used for this Convention: “States Parties shall ensure to the maximum extent
possible the survival and development of the disabled person.”
There are different views among EDF members on whether this Convention can cover
or not the rights of a non-born disabled child. If the Ad Hoc Committee finally
decides that this is possible, a prohibition of compulsory abortion at the instance
of the State based on the pre-natal diagnosis of disability should be added
to this article.
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INDIAN NGO CONSULTATIVE MEETING
Draft Article 8
15. In the area of civil and political rights, the participants suggested enlargement
of the scope of the provision - “Right to Life” by including the words “ survival
and development”. The modified text of article 8 would therefore read-“States
parties reaffirm the inherent right to life, survival and development
of all persons with disabilities and shall take all necessary measures to ensure
its effective enjoyment by them.”
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INTERNATIONAL SAVE THE CHILDREN ALLIANCE
Draft Article 8 – right to life
This article applies to everyone including children. However we suggest to add
the concept of survival and development. In addition we wish to recognise the
rights of all children to be prepared in emergencies.
Suggested changes
In line with the core principles and art 6. of the CRC we propose another title
Draft Article 8 – right to life, survival and development
Suggested additional paragraph
8.1 Children and young people have the right to physical, mental, spiritual,
moral and social development to the maximum extent possible.
We recognise the global increase in situations of unrest, conflict and disaster,
which poses extra risks for children and adults with disabilities upon the chance
for survival, security and development.
Suggested additional paragraph
8.2 Children and young people have the right to be prepared, protected and supported
in situations of civil unrest, armed conflict, loss of home and habitat, and
or their relatives.
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LANDMINES SURVIVORS NETWORK
DRAFT ARTICLE 8 COMMENTS
The right to life is a fundamental principle of human rights law from which
no derogation is permitted. (Cf. International Covenant on Civil and Political
Rights, Articles 4(2) and 6) The Committee on the Rights of the Child has designated
Article 6, expressing the right to life (and using an alternative formulation
that the Ad Hoc Committee may wish to consider), as a fundamental guiding principle
of the convention. Based on the foregoing, the formulation as drafted is similarly
fundamental and must be reflected in the convention.
The use of the word “reaffirm” is more typically found in non-binding declaration
language. It may be more appropriate to use the term “recognize” (Cf. Convention
on the Rights of the Child, Article 6(1)), or “shall respect.”
Footnote 31 raises the issue of people with disabilities in armed conflict.
In relation to groups at risk, the reaffirmation of the right to life in a specialized
convention is commonplace, and provisions in those conventions may provide useful
models for the consideration of the Ad Hoc Committee. (Cf. Convention on the
Rights of the Child, Article 38(4); Geneva Convention Relative to the Treatment
of Prisoners of War, Article 3(1)(a))
Draft Article 8
Right to Life
LSN Intervention
Landmine Survivors Network supports the retention of Article 8 on the right
to life on the basis that the right to life is a fundamental principle of human
rights law from which no derogation is permitted. While we support the formulation
of the Working Group, we believe that serious consideration should be given
to the proposal put forward by the delegation of India that reflects the approach
taken in the Convention on the Rights of the Child.
A number of delegations have put forward proposals relating to the particular
situation of groups at risk. We strongly support these proposals. We recommend
that proposals for language on groups at risk would be more appropriately structured
in the convention if placed in a separate article. Therefore, a new article
should reflect the particular situation of persons with disabilities in armed
conflict and natural disaster. In addition, we support the inclusion of a separate
paragraph in an article on groups at risk that references the situation of persons
with disabilities in rural or remote areas or in scattered populations. Precedent
for such inclusion is reflected in the Convention on the Elimination of All
Forms of Discrimination Against Women.
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WORLD BLIND
UNION
RIGHT TO LIFE
Article 8:
The right to life is extremely important and should not be questioned.
The text is giving less protection than we see in the convention on the rights
of the child where focus is on the right of survival: ”states parties shall
ensure to the maximum extent possible the survival and development of the child.”
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WORLD FEDERATION OF THE DEAF/BLIND
Draft Article 8
RIGHT TO LIFE
1. States Parties recognize and protect the inherent right to life of all persons
with disabilities, and shall take all necessary measures to ensure its effective
enjoyment by women, men, girls and boys in all stages of life.
2. The right to life also includes the right to survive.
3. Disability must not become a justification for the termination of life.
4. States Parties shall undertake effective measures to the prohibition of compulsory
abortion at the instance of the State based on the pre-natal diagnosis of disability.
5. States Parties shall also prohibit all medical, biological and other experiments
reducing the quality of life of persons with disabilities.
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