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Article
26 - Habilitation and rehabilitation
Background Documents | Article
26 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
Seventh Session
Governments
Non-governmental organizations
Federation of and for People with Disabilities
International Disability Caucus
International Disability Convention Solidarity in Korea
Mental Disability Rights International
People with Disability Australia
Comments, proposals and amendments submitted electronically
Governments
Article 26
EU Proposal: The EU can accept the text of this article.
Amendments to art. 26
Habilitation and Rehabilitation
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain AND TO MAINTAIN their maximum independence, fullest physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive habilitation and rehabilitation services AND PROGRAMMES TO APPLY TO ALL PERSONS WITH DISABILITIES IRRESPECTIVE OF GENDER OR AGE, particularly in the areas of health, employment, education and social services, in such a way that:
(a) Habilitation and rehabilitation services and programmes begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs, AND ARE PREPARED AND REALISED IN COOPERATION WITH PERSONS WITH DISABILITIES CONDERNED.
(b) Habilitation and rehabilitation services and programmes support participation and inclusion in the community and all aspects of society, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.
2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.
EU Proposal: The EU can accept the text of this article.
Article 26
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain their maximum independence, fullest physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organise, strengthen and extend free or affordable comprehensive habilitation and rehabilitation services, particularly in the areas of health, employment, education and social services, in such a way that:
(a) habilitation and rehabilitation services and programmes begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs;
(b) habilitation and rehabilitation services and programmes support participation and inclusion in the community and all aspects of society, and are available to persons with disabilities as close as possible to their own communities, including in rural areas.
(c) require habilitation and rehabilitation professionals to provide care to persons with disabilities 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 healthcare;
(c) (d) Ensure the training of sufficient numbers of habilitation and rehabilitation professionals, including persons with disabilities.
(d)
2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.
Article 26
States parties commit to:
1. Persons with disabilities to the habilitation and rehabilitation services in the psychological, social, physical, vocational areas in order to enable them to enjoy a normal life.
2. Ensure habilitation and rehabilitation services to persons with disabilities, provided they voluntarily and freely give their consent.
3. Ensure the participation of organizations of persons with disabilities in the proving of habilitation and rehabilitation services in all stages, including the promulgation of legislation.
4. Include, among the rehabilitation services safe parks and gathering places they could voluntarily use, as well as counseling groups whose advice could be sought and which could possibly include persons with disabilities.
Non-governmental organizations
FEDERATION OF AND FOR PEOPLE WITH DISABILITIES (KENYA)
JANUARY 24, 2006
We cannot have an article that does not take into account extreme poverty and economic deprivation among persons with disabilities, particularly from developing countries.
FPD suggests that the Chapeau be redrafted as follows:-
1- States parties shall take effective and appropriate measures to enable persons with disabilities to attain their maximum independence, fullest physical mental, social and vocational ability and full inclusion and participation in all aspects of life. To that end, States parties shall organize, strengthen and extend free of charge comprehensive habilitation and rehabilitation services, particularly in areas of health, employment, education and social services in such a way that:-
We have given the reasons for this on explanation for redrafting of Article 25 paragraph (b).
We belief that with political will and international cooperation, this will be possible.
It should be noted that free primary education has now become a reality in a number of countries after such a convention on the rights of the children provident for it.
INTERNATIONAL DISABILITY CAUCUS
Chairman’s text as amended by the IDC
Article 26
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain (ADD: “and maintain”) their maximum (ADD: “individual”) independence, fullest physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organise, strengthen and extend comprehensive habilitation and rehabilitation services (ADD: “and programs, applying to all persons with disabilities irrespective of gender, culture, age, covering all stages in life, degree, duration and complexity of disability and place of residence”), particularly in the areas of health, employment, education and social services, in such a way that:
(JUSTIFICATION: Habilitation and rehabilitation services must be individualised and targeting the specific need of a disability, “one size does not fit all”. If this is not expressed, the states may habilitation and rehabilitation services that are generic and may not fit anybody.
Gender, age, cultural and other factors related to persons with disabilities must also be considered when planning for habilitation and rehabilitation programs. If not, there will be a risk that the programs will favour one group (young men) and not reach out to other groups.)
(a) habilitation and rehabilitation services and programmes begin at the earliest possible stage (ADD: “in accordance with the individual’s free and informed consent”), and are based on the multidisciplinary (ADD: “and comprehensive”) assessment of individual needs (ADD: “developing plans which are established which are time-limited, fully implemented and assist individuals to meet their actual life goals and personal aspirations”);
(NEW (a) bis:”the privacy of personal information is respected by staff and others providing services and no one should be required to follow habilitation and rehabilitation programmes against individual’s wishes;
(b) habilitation and rehabilitation services and programmes support participation and inclusion in the community and all aspects of society, and are available to persons with disabilities as close as possible to their own communities, including (ADD: “the concept and strategy expressed in the policy of community based rehabilitation (CBR) including”) in rural areas.
(JUSTIFICATION: Developing countries have successfully provided habilitation and rehabilitation services through CBR programs, which must be promoted and developed. If CBR is not recognised in the convention, no further development of the concept will be seen.)
NEW (b) bis “habilitation and rehabilitation plans and courses aim to reach and sustain the independence and self-determination of persons with disabilities, and that persons with disabilities have the right to design, direct, change or reassess the plans over the period of life”)
(JUSTIFICATION: Independence and self-determination are important part of habilitation and rehabilitation programs. Persons with disabilities must have influences over the programs addressing their training and individual capacity building.
If persons with disabilities cannot influence habilitation and rehabilitation programs, the text will be interpreted as this is an offer by the states and the professionals to provide what they can and want to offer to persons with disabilities.)
2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.
“NEW 3. States Parties shall promote the design, development, production, availability and knowledge of communication and assistive technologies designed for persons with disabilities, as they relate to rehabilitation and habilitation, giving priority to affordably priced technologies”
Women’s IDC
Proposals on inclusion of gender aspects in a specific article
23.01.2006
Article 26
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain their maximum independence, fullest physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organise, strengthen and extend comprehensive gender-sensitive habilitation and rehabilitation services, particularly in the areas of health, employment, education and social services without discrimination based on sex, in such a way that:
(a) habilitation and rehabilitation services and programmes begin at the earliest possible stage, and are based on the multidisciplinary and assessment of individual needs;
(b) habilitation and rehabilitation services and programmes support participation and inclusion in the community and all aspects of society, and are available to persons with disabilities as close as possible to their own communities, including in rural areas;
2. States Parties shall promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services.
JUSTIFICATION:
Women with disabilities are underrepresented in all areas of habilitation and rehabilitation. This is the case in developed as well as in developing countries. Therefore the proposed amendments are necessary.
IDC Statement on Article 26
January 25, 2006
On behalf of the International Disability Caucus, we would like to thank the Chair for the opportunity to speak, and wish to underline just a few points on the need for a specific article on habilitation and rehabilitation.
This formulation of Article 26, which represents a paradigm shift from a medical model to a social model, is a good step towards a rights based approach to habilitation and rehabilitation. This means that persons with disabilities are not the objects of interventions by professionals, but are empowered to make decisions about their lives and bodies.
Habilitation and rehabilitation includes a broad range of comprehensive activities including training in ADL – Activities of Daily Living, adaptation of the home and assistive technology.
Millions of people with disabilities in Africa, Asia-Pacific, Latin America and other parts of the world live a difficult life in poverty because of the lack of adequate habilitation and rehabilitation. This is why we support the addition of the words “at affordable costs” in regard to rehabilitation services.
Finally, we support the proposal from Kenya and Bosnia and Herzegovina to ensure that training of professionals includes persons with disabilities.
Thank you again, Chair, for the opportunity to address the Committee.
Women’s IDC
Response to the Facilitator’s Proposals on Women with Disabilities
from 28/30 January 2006
Rationale:
Women with disabilities are underrepresented in all areas of habilitation and rehabilitation. This is the case in developed as well as in developing countries. Therefore, also article 26 should be complemented with the following proposals:
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain their maximum independence, fullest physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life. To that end, States Parties shall organise, strengthen and extend comprehensive (ADD: gender-sensitive) habilitation and rehabilitation services, particularly in the areas of health, employment, education and social services (ADD: without discrimination based on sex), in such a way that:
(a) habilitation and rehabilitation services and programmes begin at the earliest possible stage, and are based on the multidisciplinary and assessment of individual needs;
(b) habilitation and rehabilitation services and programmes support participation and inclusion in the community and all aspects of society, and are available to persons with disabilities as close as possible to their own communities, including in rural areas;
INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA
IDCSK fully supports the proposals made by the IDC except only the below.
Article 26
(Delete the whole article)
(JUSTIFICATION :
Since the definition of the term, 'habilitation' and 'rehabilitation' is unclear, what is stipulated in this article is also too ambiguous and doesn't deliver concrete messages.
Contents of para. 1 is hardly differentiated with those of other articles so that a) and b) of para.1 are also unclear in terms of their definition and range.
The definition of rehabilitation experts is unclear. So, the difference between medical, education, labor, information, physical accessibility experts and the rehabilitation service experts is hard to figure out.
Set-up of this article, therefore, is unnecessary, and we believe that we can replace main points of this article without using the terms habilitation and rehabilitation to other articles. But, if the terms are used only for medical perspective, we may be fine with the use of the terms. We also have to remind the fact that when non-disabled people are provided education, labor and vocational trainings for their improvement in capacity building, people don’t put the terms of rehabilitation and habilitation to the services. Therefore, when persons with disabilities are given the above services, there’s no need to use those terms. Without the terms, services for persons with disabilities can be provided to people in needs in appropriate ways. Using the terms of rehabilitation and habilitation to persons with disabilities differentiates persons with disabilities with others by treating them as a negatively special group.
The article para 1, a) says that rehabilitation services and programmes should support participation and inclusion of persons with disabilities, and those programmes should be based on multidisciplinary assessment. We believe that the wording can justify the excessive intervention of experts and control over persons with disabilities.
Also, that kind of perspective is totally based on medical and individual models, which is inconsistent with social model UN has so far maintained.)
Today, the history of persons with disabilities is calling us to rethink the use of the term ‘rehabilitation’.
Article 26
Revision:
1. In Paragraph 1, replace “fullest physical, mental, social and vocational ability” with “optimum physical, mental, social and vocational ability based on their choice.”
2. In Paragraph 2, delete “education and social services” with regard to the importance of rehabilitation especially in health. Only “health and employment” shall be specifically referred.
3. Add a new Paragraph 1 (c), as follows:
“the purpose and the program for habilitation and rehabilitation services shall be decided, under the principle of informed consent, the choice and consent by people with disabilities or their support persons of their choice”
Comments:
As to Paragraph 1, measures shall be provided not to attain “fullest ability” but “optimum level of ability” under self-control and self-determination. Note that the term “optimum” as well as “optimal” are respectively used in “the World Programme of Action concerning Disabled Persons” and the definition of rehabilitation in “The Standard Rules on Equalization of Opportunities for Persons with Disabilities.”
MENTAL DISABILITY RIGHTS INTERNATIONAL
Intervention on Draft Article 26
Thank you, Mr. Chairman.
MDRI intervenes only to highlight that Article 26 is not currently framed in terms of a right. It is, therefore, essential that the short references to rehabilitation in Articles 25 and 27—on the right to health and the right to work, respectively—not be removed in an effort to consolidate all references to habilitation and rehabilitation in Article 26.
Thank you, Mr. Chair.
PEOPLE WITH DISABILITY AUSTRALIA
Report on National Consultations
Article 26
There was general support for the article and no amendments or revisions to the Chair’s Text are proposed.