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Article 3 - General principles
Background Documents | Article 3 Background
Seventh Session | Fourth
Session | Third Session
Working Group
Chile
China
Japan
European Union
Republic of Korea
Mexico
Meeting convened by the Office of the Swedish Disability Ombudsman
Children's Rights Alliance for England
European Disability Forum
Indian NGO Consultative Meeting
International Disability Caucus
International Save the Children Alliance
Landmines Survivors Network
People with Disability Australia
ARTICLE 2 – PRINCIPLES
We recommend that a reference to "personal self-determination" in
item (a), integrating the Costa Rican proposal regarding "independent life
of persons". The text would then read:
(a) The dignity, individual autonomy, personal self-determination
and independent life of persons.
We propose modifying item (d) as follows:
d) Respect for diversity as an essential element of the human
condition.
Observation: It is inappropriate to use the expression "acceptance of disability" here. This article is setting out basic principles, and it is therefore not desirable, in mentioning "difference", to narrow the subject-matter by referring to "acceptance of disability".
We recommend incorporating a new item (f)
f) The recognition, promotion and protection of diversified
rights the object of which is to permit the enjoyment and exercise by persons
with disabilities of their human rights and fundamental freedoms.
Note: The purpose of this statement is to enshrine the existence
of new rights which specify and put into practice human rights and fundamental
freedoms in relation to persons with disabilities. The general statements contained
in the International Covenants on Civil, Political, Economic, Social and Cultural
Rights have not fully responded to this category of persons or given an assertive
interpretation to that effect.
We support the proposal by certain countries that the following should be included in the basic principles:
- International cooperation, gender equality, personal development and enjoyment
at all stages of life, accessibility and universal and inclusive design (this
reference includes the elimination of barriers and obstacles)
Observations on other proposals:
- The reference to the adoption of
remedial measures should be included in article 4, on General Obligations.
- In this area, it should also be stated that in the adoption of these measures,
the social model should be chosen rather than the medical model. These two references
do not correspond to the status of "principles".
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Definitions: Article 2 -
For the purpose of this Convention,
a. "Disability" means a
functional status of human individual, which is the outcome of the interaction
between the individual and the society and environment, manifested as physical,
sensory, mental, intellectual impairment that limits the capacity to perform
daily life and social participation and which can be aggravated by the economic
and social environment.
b. " Discrimination against persons
with disabilities", means any forms of distinction treatment, exclusion
or restriction based on a disability, which has the effect of impairing the
rights and dignity of persons with disabilities.
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Draft Article 2
GENERAL PRINCIPLES
The fundamental principles of this Convention shall be:
(a) dignity, individual autonomy including the freedom to make one’s own choices,
and independence of persons;
(b) non-discrimination;
(c) full inclusion of persons with
disabilities as equal citizens and participants in all aspects of life,
EU proposal:
Redraft c) as follows: “c) full and effective participation and inclusion in
society on an equal basis for persons with disabilities,”
(d) respect for difference and acceptance
of disability as part of human diversity and humanity;
(e) equality of opportunity.
EU proposal: EU
supports inserting the principle of gender equality.
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Art.2
(same as retained in the round brackets on the draft text)
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Re Article 2: General Principles:
• Supports the inclusion of “equality between men and women” as a separate para
• Proposes a new para on “self-representation of persons with disabilities”
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Mexican Proposal - Draft Article 2: General Principles
The fundamental principles of this Convention shall be:
(a) Universality, indivisibility and interdependence of all human rights and
fundamental freedoms for persons with disabilities;
(b) Individual autonomy including
the freedom to make one’s own choices, and an independent living for persons
with disabilities;
(c) Non-discrimination and equal protection
of the law;
(d) Full and effective participation
and inclusion in society on an equal basis for persons with disabilities at
all stages of life;
(e) Respect of difference and acceptance
of disability as part of human diversity and of the inherent dignity of all
human beings;
(f) Equality of opportunities through
the widest range of positive and affirmative measures;
(g) The creation of a barrier-free
environment;
(h) Gender perspective; and
(i) International cooperation
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National Human Rights Institutions
Observations Regarding Draft
Article 2 on General Principles
The participants,
1. suggest, for reasons of clarity and consistency, the insertion of “respect
for human” before “dignity” in Paragraph a) of Draft Article 2.
2. propose that the reference to “full inclusion” in Paragraph c) of Draft Article
2 be strengthened by a reference by the more active expression “full and effective
participation”, as proposed by the EU, Mexico and Costa Rica.
3. recommend that Paragraph d) of Draft Article 2 be reworded as follows: The
reference to “respect for difference” should be changed to the more universal
“respect for human diversity”. The reference to “acceptance of disability” should
be changed to “recognition of impairment”, as this wording is more open-ended
vis-à-vis the question of viewing prevention and cure as a compliment
to or a negation of the respect for human diversity.
4. propose that an explicit reference to accessibility as a precondition for
full participation and enjoyment of human rights be included in Article 2 of
the Convention.
5. note the overlap in content between the Draft Preamble and Draft Article
2 and wish to emphasise the importance of coherence in the use and understanding
of concepts between these two sections, as well as in relation to the rest of
the instrument.
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Non-governmental organizations
Article 2
General principles (changes in bold)
The fundamental principles of this Convention shall be:
(a) Dignity, individual autonomy including the freedom to make one’s own choices
taking into account the evolving capacities of the child, and
independence of persons;
(b) Non-discrimination;
(c) Full inclusion of persons with
disabilities as equal citizens and participants in all aspects of life;
(d) Respect for difference and acceptance
of disability as part of human diversity and humanity;
(e) Equality of opportunity.
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Whichever word is finally used (individual autonomy or self-determination) it has to be made clear that its meaning includes the right to make one’s own choices and decisions, which is a key principle.
EDF proposes to add the principle of effective and substantial equality as a
guiding principle, which is stronger than equality of opportunity.
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The Articles arranged under the Title of general principles are comprehensive but the participants felt that principle of social justice and equity to ensure de facto equality should be reflected. To this effect suitable text may be evolved.
The fundamental principles of this
Convention shall be:
a) respect for human dignity, individual self determination (autonomy) including
the freedom to make one's own choices, and independence of persons;
b) non-discrimination;
c) full inclusion of persons with
disabilities as equal citizens and participants in all aspects of life;
d) respect for difference and acceptance
of disability as part of human diversity and humanity;
e) equality of opportunity
f) equality between women and men
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Article 2 Principles
Suggested text
The fundamental principles of this Convention shall be:
a. respect for human dignity, individual
autonomy including the freedom to make one’s own choices, and independence of
all persons, taking into account the evolving capacities of children 1
b. non-discrimination and positive
action
c. full inclusion of persons with
disabilities as equal citizens and participants in all aspects of life
d. respect for difference and acceptance
of disability as part of human diversity and humanity
e. equality of opportunity
f. equality between all persons with
disabilities irrespective of age, gender, ethnicity and any other status
Rationale
Furthering our earlier proposal about the concept of evolving capacities the
incorporation of 2 concepts is necessary to ensure that the principles of this
convention apply to all persons with disabilities including children.
1. the concept of positive action
needs to be clearly linked with non-discrimination to ensure that all persons
with disabilities can address and exercise their rights
2. the concept of diversity instead
of a more limited concept of gender to ensure that all persons with disabilities
are covered in a comprehensive manner in this convention irrespective of age,
gender, ethnicity and any other status
Footnote
1. Based on art. 5 of the Convention on the Rights of the Child
Draft Article 2 - GENERAL
PRINCIPLES
SYNTHESIS OF PROPOSALS
The fundamental principles of this Convention shall be:
(a) respect for inherent dignity, individual autonomy including the freedom
to make one’s own choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society on an equal basis
for persons with disabilities;
(d) respect for difference and acceptance of disability as part of human diversity
and humanity; and
(e) equality of opportunity.
COMMENTS
The draft language here retains in large part the language proposed in the Working
Group Draft Text. The principles referenced are intended to aid in the interpretation
and implementation of the treaty, and are found in numerous existing human rights
instruments, including the seven core international human rights conventions,
the UNSR, and the ILO Convention concerning Vocational Rehabilitation and Employment
(of Disabled Persons).
Draft Article 2 incorporates the proposal (NHRI) to include “respect for human
dignity,” as dignity is a quality possessed by all human beings, but it is the
principle of respect for that dignity which should be emphasized here. Although
not specifically proposed during the first reading of Draft Article 2, the word
“inherent” has been added before “human dignity” in sub-paragraph (a), so that
the language retains consistency with prior international human rights instruments,
where “dignity” is typically characterized as an “inherent” human quality. (Cf.
ICCPR and ICESCR, preambles)
Paragraph (c) (proposed by the EU and supported by Mexico and Costa Rica) represents
a slight departure from the Working Group Draft Text. As reflected here, (c)
removes the original reference to “citizens” - a limiting term that could lead
to excluding coverage of people with disabilities who are resident non-citizens.
In addition, the word “effective” is included, emphasizing the important need
to create conditions leading to the fulfilment of human rights, rather than
mere recognition of those rights.
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We generally support the Expert Working
Group’s formulation of this article. However, we urge several additions to encompass
other general principles upon which the convention ought to be based.
The additional principles proposed are:
(f) Equality between women and girls and men and boys;
(g) Protection from exploitation, violence, victimisation, vilification, harassment, abuse and neglect;
(h) Recognition and respect for the ability and contribution of people with disability to society and to the political, social, economic and cultural diversity and wellbeing of the community.
In support of these proposals, we make the following observations:
• Many delegations, non-government organisations, and independent experts have
called for specific recognition of equality between women and girls and men
and boys in this convention. We therefore suggest that this ought to be one
of the ‘general principles’ on which the convention is based.
• People with disability are subject to significantly higher levels of exploitation,
violence, victimisation, vilification, harassment, abuse and neglect than other
members of the community. All people with disability are at increased risk,
but particular groups, including women and children with disability and people
with multiple and severe impairments, are at particular risk. We therefore strongly
recommend that a fundamental principle of this convention should be protection
from these harms.
• There is often too much emphasis on the inability of people with disability
and what we need from the community. There is not enough emphasis on what we
contribute to the political, social, economic and cultural diversity and wellbeing
of the community. We therefore believe that there should be a fundamental principle
incorporated into the convention that recognises our contribution.
Additionally, we note that the article current separates into separate sub-paragraphs
the concepts of equality and non-discrimination. In essence, these are the positive
and negative expressions of the same ethical idea. We therefore suggest that
they are combined into a single sub-paragraph:
(b) equality and non-discrimination.
PDCA supports principle d) in its reference to difference and diversity however we do believe that it may be useful to specifically state what this difference is i.e. gender, culture, age etc.
The Article is important since it underlines some very fundamental universal principles.