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Article 4 - General Obligations
Background Documents | Article 4 Background
Seventh Session | Fourth Session | Third
Session
Working Group | References
(updated after the completion of the
first reading at the Fourth Session, 26 August 2004)
[Article 4
General obligations 7,8
1. [[States Parties undertake (guaranteeing the exercise and enjoyment — Argentina)
to ensure [the full realization of all human rights and fundamental freedoms
for all individuals [within their jurisdiction9
— Canada] without discrimination of any kind on the basis of disability. — Lebanon]
(achievement of the purpose of the convention and the rights that are guaranteed
by this convention — Lebanon) To this end, States Parties undertake: — China]
(States parties undertake to adopt
legislative, administrative and other measures to ensure the full realization
of all human rights and fundamental freedoms for all individuals within their
jurisdiction without discrimination of any kind on the basis of disabilities.
With regard to economic social and cultural rights, States parties shall undertake
such measures to the maximum extent of their available resources and, where
needed, within the framework of international cooperation — China)
(“In order to secure non-discrimination
of persons with disabilities, States Parties undertake in particular” — EU):
(To respect and ensure the rights
set forth in the present convention and to adopt — Japan)
(a) [To adopt (appropriate — Japan)
legislative, administrative and other measures to give effect to this Convention,
and to amend, repeal or nullify any laws and regulations and to discourage customs
or practices that are inconsistent with this Convention — EU, China];
(to take effective measures to review
governmental, national and local policies, and to amend, rescind or nullify
any laws or regulations which have the effect or purpose of creating or perpetuating
such discrimination wherever it exists; — EU, China)
(to amend, repeal or nullify any laws
or regulations and discourage customs or practices that are inconsistent with
this convention — China)
(States Parties shall undertake all
appropriate legislative, administrative, and other measures for the implementation
of the rights recognized in the present convention. With regard to economic,
social and cultural rights, States Parties shall undertake such measures to
the maximum extent of their available resources and, where needed, within the
framework of international cooperation — Argentina)
(b) To embody the [rights — EU] (principles
— EU) of equality (of opportunity — EU) and non-discrimination on the ground
of disability in their national [constitutions or other appropriate – Costa
Rica] legislation, if not yet incorporated therein, and to ensure, through law
and other appropriate means, the practical realization of these rights;
(c) [To [mainstream — Thailand] (integrate
— Thailand) disability issues into all economic and social development policies
and programmes (including international cooperation — Thailand) (including specific
allocation of resources to satisfy obligations towards persons with disabilities
— Kenya)];
(States shall ensure that the needs
and concerns of persons with disabilities are incorporated into economic and
social development plans and policies, and not treated separately — EU)
(d) To refrain from engaging in any
act or practice [that is inconsistent with this Convention — EU] (of discrimination
against persons with disabilities — EU) and to ensure that public authorities
and institutions act in conformity with this [Convention — EU] (obligation —
EU);
(e) To take all appropriate measures
to eliminate discrimination on the ground of disability by any person, organization
or [private — EU] enterprise;
[Discrimination does not include provisions,
criteria or practices that are objective and demonstratively justified by the
State Party by a legitimate aim and where the means of achieving that aim are
reasonable and necessary — India]
(f) [To [promote10
— Uganda] (ensure — Uganda) the development, availability and use of universally
designed goods, services, equipment and facilities (including assistive technologies
— Thailand). [Such goods, services, equipment and facilities should require
the minimum possible adaptation and the least cost to meet the specific needs
of a person with disabilities — Thailand] — New Zealand]11.
(Promote and where appropriate undertake the research, development, production,
application and dissemination of new technologies in order to make available
to persons with disabilities goods, services, equipment and facilities acceptable
to them and aimed at their fullest inclusion in society, and based on the principle
of universal design — New Zealand)
((g) To provide the conditions and
environments under which persons with disabilities may live in a self-sustained
manner by fully exercising their capacity — Japan)
(To establish credible and effective
structures to oversee implementation and monitoring; to ensure a barrier free
society through the establishment of an effective enabling environment; to provide
particular protection and support for persons with disabilities who are vulnerable
on account of situations such as conflict and natural disasters or because of
their status as children, women and persons living with HIV/AIDS. — Kenya)
(In relation to the economic, social
and cultural rights of this convention, States Parties undertake to give immediate
effect to those aspects of those rights which are capable of immediate implementation
(including, but not limited to, obligation of non-discrimination in the enjoyment
of those rights) and in relation to other aspects of those rights, progressively
the full realization of those rights by all appropriate means — India)
2. In the (planning — New Zealand)
development and implementation (and evaluation — New Zealand) of policies (standards
and guidelines to give effect to the provisions of the Convention — New Zealand)
[and legislation to implement this Convention — New Zealand], States parties
shall do so in [close — India] consultation with, and include the active involvement
of] (partnership with — New Zealand), persons with disabilities (their families
— India) and their representative organizations (and care-givers — Trinidad
and Tobago) (, recognizing the expertise of persons with disabilities and the
leadership they can provide in all affairs concerning them — New Zealand).
(States when developing and implementing
policies and legislation to give effect to this convention, shall take appropriate
measures to ensure adequate consultation with, and involvement of, persons with
disabilities and their representative organizations — EU)
(3. States parties shall undertake
all appropriate legislative administrative and other measures for the implementation
of the rights recognized in the present convention with regard to economic social
and cultural rights, particularly with regard to art 9d, 13, 15, 16, 17, 19
to 24. States parties shall undertake such measures to the maximum extent of
their available resources with a view to achieving progressively the full realization
of such rights and when needed within the framework of international cooperation
— Israel) — EU: see article 3 bis]
Footnotes:
7.
Both the Bangkok draft and the Chair’s draft included in this section a paragraph
on remedies. Some members of the Working Group noted that while the International
Covenant on Civil and Political Rights included such a provision, the International
Covenant on Economic, Social and Cultural Rights did not. It may be difficult,
therefore, to include such an article in a convention that elaborates the rights
contained in both Covenants. The Ad Hoc Committee may wish to consider this
issue further.
8.
The issue of the progressive realization of economic, social and cultural rights
was raised by several delegations during the Working Group’s discussion. The
Working Group noted that, consistent with existing international human rights
law, the concept would apply to some of the rights in the Convention (the economic,
social and cultural rights), but not to others (the civil and political rights).
The Ad Hoc Committee will need to consider how best to incorporate this issue
into the Convention, and may wish to note the precedent set in the Convention
on the Rights of the Child. The debate was raised in relation to other articles
also.
9.
The phrase “within their jurisdiction” will need closer examination by the Ad
Hoc Committee. It is taken from article 2 of the Convention on the Rights of
the Child. It may be too inclusive and imply, for example, that rights that
are not guaranteed for non-citizens could be extended to non-citizens with disabilities.
Article 1 (2) of the International Convention on the Elimination of All Forms
of Racial Discrimination may offer an alternative approach, but that may be
too exclusive and imply that non-citizens with disabilities do not enjoy any
of the protections of the present Convention.
10.
The Ad Hoc Committee may wish to consider whether a term that places stronger
obligations on States Parties should replace “promote”.
11.
The Ad Hoc Committee may wish to consider whether the term “universal design”
or its near synonym “inclusive design” should be used here and throughout the
Convention. The Ad Hoc Committee may also wish to consider whether this paragraph
should remain as part of draft article 4, be incorporated into draft article
19 or be a separate article in its own right.