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Article 30 - Participation in cultural life, recreation, leisure and sport
Background Documents | Article 30 Background
Seventh Session | Sixth Session | Fourth Session | Third Session
Working Group | References
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Article 24
Participation in cultural life, (religion Kenya, Holy See, Uganda, Namibia,
Philippines) recreation, leisure (physical culture Mexico) and sport 1
1. [States Parties recognize the right of all persons with disabilities to take
part in cultural life, (creating them the facilities for the enjoyment of
Chile) New Zealand] [and (States parties shall respect and promote the right
to all persons with disabilities to engage in cultural, artistic, recreational
and leisure activity. In order to promote and protect the realization of this
right States Parties New Zealand) shall take all appropriate (and progressive
China) measures to ensure (including by way of legislation to the maximum
extent that is reasonable Israel) that persons with disabilities EU] (and
shall promote appropriate measures for persons with disabilities to EU, Canada):
(a) Have the opportunity to develop and utilize (and express Mexico) their
creative, artistic and intellectual (and physical New Zealand, Israel) potential,
[not only for their own benefit, but also for the enrichment of their community
Israel] (for both their own benefit and the benefit of their communities and
the society as a whole Israel);
(b) [Enjoy access (at the least cost Morocco) [to (literature and other cultural
materials in all accessible formats, including (inter alia Colombia) in electronic
text, sign language and Braille, and in audio and (free Yemen) multimedia
formats New Zealand] (on an equal basis to all cultural materials and activities
New Zealand) Jordan] (Enjoy equitable access to and participation in cultural
and sports material, activities, services and facilities Jordan);
[[(c) [Enjoy access to (international and regional Yemen) television programmes,
films, theatre and other cultural activities, in all accessible formats, including
captioning and sign language New Zealand] (Have the opportunity to participate
in all cultural, artistic and sporting activities of their choice at local,
regional, national and international levels New Zealand); EU
(d) [Enjoy access to places for cultural performances or services, such as theatres,
museums, cinemas, libraries (concert and other musical performances Israel)
and the [hospitality Mexico] (hotel Mexico) industry (and enjoy such performances
Costa Rica) (and services Mexico, Costa Rica), and, [as far as Israel]
(to the maximum extent Israel) possible, enjoy access to (exhibits, Uganda)
monuments and sites of national cultural importance (granting those facilities
which allow the enjoyment of these artistic expressions. Chile) New Zealand].
Jordan]
(Receive on an equal basis to other people instruction, training and resources
for the pursuit of all cultural, artistic and sporting activities New Zealand)
2. States Parties shall take all appropriate steps to ensure that laws protecting
intellectual property rights do not constitute [an unreasonable Canada] or
discriminatory Thailand, Guatemala] (any Thailand) barrier to access by
persons with disabilities to cultural materials, [while (in accordance with
international agreements Japan) respecting the provisions of international
law Thailand].
[3. [Persons [who are deaf Israel] (and the deafblind Uganda) (with disabilities
of all kinds Israel) shall be entitled, on an equal basis with others, to
recognition and support of Costa Rica] (States Parties recognize that deaf
persons living under their jurisdiction are entitled to Costa Rica) their
(own Costa Rica) specific cultural and linguistic identity.2
EU, Japan] (and shall take all appropriate measures to support this right
Costa Rica).
(3. bis States Parties recognize the fundamental right of persons with disabilities
to practise a religion of their choice and shall take all appropriate measures
to ensure that persons with disabilities:
a. Enjoy the opportunity to develop their spirituality and practise their faith;
b. Have access to houses of worship, shrines and sites of religious importance;
c. Can belong to a community of believers and participate fully in the life
of the congregation and in the rites, ceremonies and sacraments that are part
of worship;
d. Have access to appropriate religious education and receive instruction in
the format that best suits their needs;
e. Will be protected from religious abuse, exploitation and coercion. Kenya,
Uganda)
[4. [States Parties recognize the right of persons with disabilities, [on an
[equal South Africa] (equitable South Africa) basis with others,3
Mexico, Guatemala] (in conditions of equity with other persons Mexico) to
participate in [recreational Yemen], leisure and sporting activities (including
tourism Costa Rica) and shall take appropriate measures to EU] (do all of
the following, to the maximum extent that is reasonable Israel) (With a view
to enabling persons with disabilities to participate on an equal basis as others
in recreational, leisure (activities, physical culture and sports Mexico)
and [sporting activities Mexico] (to promote a healthy lifestyle South Africa),
States Parties shall take appropriate measures to EU):
(a) [Encourage South Africa, Namibia] (Ensure South Africa, Namibia) and
promote the (full South Africa) participation, [to the fullest extent possible
South Africa], of persons with disabilities in [mainstream China, Costa
Rica, Namibia] (integrated Namibia) [sporting activities Mexico] (physical
culture and sports Mexico) at (club, South Africa) (local, Namibia) regional,
national and international levels (, and promote sporting activities tailored
to the needs of persons with disabilities as well as disability-specific sports
Republic of Korea); 4
(b) Ensure that persons with disabilities have an opportunity to organize and
participate in sporting (recreational and leisure South Africa) activities
and [to receive [the same Mexico, South Africa, Costa Rica, Uganda, Namibia]
(the necessary Uganda, Namibia) (the appropriate Costa Rica) instruction,
training and (equitable South Africa) resources in support [that is available
to other participants Mexico, Costa Rica] (in conditions of equity with other
participants Mexico) EU] (encourage the provision of appropriate instruction,
training and support EU);
[(c) Ensure that (all Mexico) persons with disabilities have access to [sporting
and recreational venues, [and that [children Chile] (pupils Chile) with
disabilities have equal access to participating in sporting activities with
the education system Mexico, Costa Rica] (to qualified and specialized children
Bahrain) (to participate in sporting activities in conditions of equity within
the education system, including children with disabilities Mexico); (the physical
environment for practising sporting and recreational activities, including facilities
and venues for such practices Costa Rica).
((c bis) Ensure that persons with disabilities have access and can enjoy touristic
attractions.
(c tris) Ensure that children with disabilities have equal access to participating
in sporting and recreational activities, including those in the educational
system Costa Rica)
[(d) Ensure that persons with disabilities have (equal South Africa) access
to services from those involved in the organization of recreational, (and
Mexico) leisure (tourism Israel) [and sporting Mexico] (physical culture
and sports Mexico) activities. EU] New Zealand, Jordan, Costa Rica]
((d bis) Ensure equitable access to government and private funding for persons
with disabilities to facilitate full participation in sporting, recreational
and leisure activities and organization.
Encourage all public media to provide appropriate and equitable coverage of
the achievement of persons with disabilities in sports, recreational and leisure
activities, as well as the availability of such activities to all persons with
disabilities South Africa)
((e) Ensure that persons with disabilities subject to multiple forms of discrimination,
such as women and refugees have access to sports, recreation and leisure activities
Namibia)
((e) Promote the development, import and/or exchange of sporting equipment taking
into account the different types of disabilities and the different sports
Colombia)
(Develop the sportive potential of persons with disabilities, promoting sports,
massive, competitive, of high performance and age-ranged along all the groups
and places of each national territory.
Promote training in educators and trainers which carry out sports and recreation
programmes, for the adequate inclusion and attention of persons with disabilities
in those programmes. Chile)
(5. States Parties shall take all appropriate steps to remove discriminatory
societal barriers to the enjoyment of all the rights in this article Uganda)
Footnotes:
1. The Ad Hoc Committee may wish to consider whether and how the concept of accessibility could be expanded under this draft article.
2. The Ad Hoc Committee may wish to consider
whether this provision would be more appropriately placed under another draft
article.
3. Some members of the Working Group considered
that the phrase on an equal basis with others should be deleted from this
paragraph, and that subparagraphs (b), (c) and (d) should instead include an
obligation on States parties to remove discriminatory barriers, both environmental
and societal, to the enjoyment of these rights. Other members expressed the
view that on an equal basis with others should be retained, because sporting,
recreational and leisure organizations and facilities were often within the
private sector. The Ad Hoc Committee may wish to consider this issue further.
4. Some members of the Working Group emphasized
the importance of mainstreaming sporting activities for persons with disabilities.
Others indicated that this obligation would need to be balanced with the promotion
of separate sporting activities and organizations tailored to the needs and
abilities of persons with disabilities, as well as disability specific sports
that might not be included in mainstream sporting events. The Ad Hoc Committee
may wish to consider how best to incorporate these views.