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Background Documents | Preamble Background
Seventh
Session | Fourth
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Session
Working Group | References
Fourth Session
Governments
National Human Rights Institutions
Non-governmental organizations
Comments, proposals and amendments submitted electronically
Governments
CHILE
PREAMBLE:
We recommend that an item should be added following item (d), in the following
terms:
( ) Valuing the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, held in 2001 in South Africa, an important
landmark which led to General Assembly resolution 56/168, which calls for
the elaboration of a comprehensive and integral international convention
to promote and protect the rights and dignity of persons with disabilities,
based on the holistic approach to the work done in the fields of social
development, human rights and non-discrimination.
We recommend that item (f) should include the concept of abandonment. The
text would then read as follows:
Further recognizing that discrimination and violence against any person
on the basis of disability, or the abandonment of such a person, constitute
a violation of the inherent dignity of the human person..
We recommend that the proposed item (g) should be modified to include the
concept of "potential". The text would then read as follows:
(g) Recognizing further the diiverse nature of disabilities and therefore
the wide range of abilities, skills, potential and functional competencies
of persons with disabilities,
Note: This item should not include any mention of "needs", because
to do so might distort the desired proactive meaning.
We consider the proposal made by Argentina, the European Union and the Syrian
Arab Republic in item i) to be appropriate; the phrase "in its various
forms" should be added and the text would then read as follows:
(i) Recognizing the importance of international cooperation in its various
forms for improving the living conditions of persons with disabilities in
all countries, in particular in the developing countries.”
We propose that a reference to "and of the international community
as a whole" should be added to item (j). The text would then read as
follows:
(j) Emphasizing also the existing and potential contributions made by persons
with disabilities to the overall well-being and diversity of their communities,
and that the promotion of full enjoyment by persons with disabilities of
their human rights and fundamental freedoms and of full participation by
persons with disabilities will result in significant advances in the human,
social and economic development of their societies and of the international
community as a whole in the eradication of poverty.
We propose that item (o) should be replaced by the following:
Note: In any case, the ideal location of this proposal would be before item
(j) (indicated in the previous item).
o) Noting that poverty contributes to increasing disability indices in States
and that also has a negative effect on the quality of life of persons, and
that there is often a close connection between disability and poverty, efforts
must continue to promote and implement the Millennium Development Goals
in terms of eradicating poverty, in order to mitigate and where possible
eliminate the marked negative effects of poverty on the disabled population
worldwide.
We recommend replacing item (q) with the following:
q) Recognizing the importance of accessibility to the physical, political,
social, economic and cultural environment, and of proper access to justice
for persons with disabilities, and emphasizing that access to information
and communication constitutes an essential means to the achievement of those
objectives, as well as the use of accessible technology in its various forms,
which enables persons with disabilities to fully enjoy their human rights
and fundamental freedoms;
We recommend modifying item (r) as follows:
Convinced that a Convention dealing specifically to the human rights of
persons with disabilities will contribute significantly to improving the
Human Development Index of this group and of the world population in general,
and to redressing the profound social disadvantages of persons with disabilities,
promoting their participation with equal opportunities in the civil, political,
economic, social and cultural spheres in both developing and developed countries;
We agree with the proposal made by Kenya in order to include an item referring
to the rights of the child. After that item, we recommend that an item to
the following effect should be added:
Noting the worldwide trend towards gradual ageing of the population in a
process of demographic transition, recognized by the Madrid International
Plan of Action on Ageing, 2002, which affects the increase in the population
of older persons and therefore the appearance of disability in that age
group.
INDIA
Interventions made at the 4th session :
No. 1
Date 23.08.2004
Preamble
Mr Chairman, Thank you for your opening statement, we assure you of our
cooperation.
My delegation has some comments to make regarding the preamble.
-In para (d), the sentence should begin with “recalling” rather than reaffirming
Also in this para, we propose the deletion of the reference to the convention
on Migrant Workers and Members of their families.
In para(f), We would like to replace the word ‘violation’ by ‘affront’.
In para(h),we would like to add “and discrimination” after “continues to
face barriers”.
In para (k), we would like to see the para ending with “to the extent possible”
In para (l), we would like to introduce “and their families, where appropriate
should be continued “after “persons with disabilities.
In para (o), we would like to reiterate our earlier position that “mindful
that conditions of poverty exacerbates the incidence and situations of persons
with disabilities.
In para (p), my delegation would like to include “and natural disasters”
after “armed conflict”
In para (r), we would like to substitute “promote” with “facilitate”.
Thank you Mr Chairman and I apologize for taking a long time.
REPUBLIC OF KOREA
Preamble:
• Para (d): supports deletion of reference to “the International Convention
on the Protection of the Rights of all Migrant Workers and Members of Their
Families”
• Para (l): proposes the addition at the end of para: “and the views and
concerns of families and care-givers of persons with disabilities should
be duly considered in such decision-making process.”
MEXICO
Mexican Proposal - Preamble
(e) Recognizing the importance of the World Programme of Action Concerning
Disabled Persons adopted by the United Nations General Assembly resolution
52/82 and of the principles and policy guidelines contained in the Standard
Rules on the Equalization of Opportunities for Persons with Disabilities,
in influencing the promotion, formulation and evaluation of the policies,
plans, programmes and actions at the national, regional and international
levels to further equalize opportunities for persons with disabilities,
(e) bis Recalling the International Labour Organization Convention No. 159
concerning Vocational Rehabilitation of Employment of Disabled Persons,
(e) ter Bearing in mind the recommendation made to the General Assembly
by the World Conference Against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, to consider the elaboration of a comprehensive
and integral international convention to promote and protect the rights
and dignity of persons with disabilities, including special measures to
combat discriminatory practices affecting them,
(o) Mindful of the need to alleviate the negative impact of poverty on the
conditions that have a negative impact on of persons with disabilities,
(s) Recognizing that disabled children should enjoy a full and decent life,
in conditions which ensure dignity, promote self reliance and facilitate
the child’s active participation in the community, (amendment to the EU
proposal)
National Human Rights Institutions
MEETING CONVENED BY THE OFFICE OF THE SWEDISH DISABILITY OMBUDSMAN
Observations Regarding the Draft Preamble
The participants,
1. wish the Preamble of the Convention to reflect an understanding of impairment
as a potentially universal facet of human diversity. Disability in turn
is to be understood as the consequence of the interaction between the person
and the environment, and not as a necessary consequence of impairment.
2. wish the Preamble to stress respect for human diversity as the fundamental
premise of the shift from a medical approach to a human rights approach
to disability. In line with this, the participants propose the following
wording of Paragraph h) of the Draft Preamble:
“Concerned that there has been a failure to recognize fully the need for society to respect diversity in the context of functionality, which has resulted in persons with disabilities continuing to face barriers in their participation as equal members of society and violations to their human rights in all parts of the world.”
3. propose that a reference to the principles and policy guidelines contained
in the World Programme of Action concerning Disabled Persons is added to
the reference to the Standard Rules on the Equalization of Opportunities
for Persons with Disabilities (the Standard Rules) in Paragraph e) of the
Draft Preamble.
4. recommend the inclusion in the Preamble of a reference to the guidelines
contained in the Principles Relating to the Status of National Institutions
(the Paris Principles) regarding the establishment of a framework for the
implementation and monitoring of the Convention.
5. put forward the Preamble as the appropriate place for a reference to
the importance of international cooperation as a means for implementing
the rights in the Convention. The participants feel that it is important
that international cooperation is understood as benefiting persons with
disabilities in all States.
6. wish the Preamble to underscore that the nature and severity of human
rights violations for which the individual with disabilities is at risk
always depend on the interplay between disability and the outcome of society’s
responses to many different forms of status, such as sex, age or ethnicity.
The participants suggest that the Preamble contain a detailed list (with
the understanding that this list is non-exhaustive) of such forms of status
and that the Preamble emphasise that all the provisions of the Convention
are to be interpreted, implemented and monitored with full consciousness
of the above observation. The Preamble should also note that the existence
of particular provisions dealing with a certain status such as age or sex
does not take away from, but rather reinforces, this general obligation.
7. support Paragraphs n bis) and n ter) as proposed by the European Union
(the EU) recognising explicitly the situation of women and girls with disabilities.
8. support the amended wording of Paragraph o) as proposed by the EU and
Brazil recognising explicitly the disproportionality of the large number
of persons with disabilities living in conditions of poverty.
9. advise against the inclusion of references to specific diseases, such
as that to HIV/AIDS in Paragraph s) proposed by Kenya.
Non-governmental organizations
INTERNATIONAL SAVE THE CHILDREN ALLIANCE
PREAMBLE
Proposal
(k) Recognising the importance for persons with disabilities of their individual
autonomy and independence, including the freedom to make their own choices,
taking into account, for children, Article 5 of the Convention on the Rights
of the Child relating to the evolving capacities of the child
(s) Recognising the particular circumstances of the child with disabilities
and that the child with disabilities should enjoy the right to a full and
inclusive life in conditions that ensure dignity, promote self reliance
and autonomy and facilitate their active participation in the community
– (new para proposed by the EU)
Rationale
1 The proposed amendment to paragraph (k) seeks to address the fact that
children, whether disabled or non-disabled, do not have the right to autonomy
in respect of decisions affecting their lives. Depending on the prevailing
legislative framework in any given country, children’s rights to independent
decision-making will be restricted in order to provide protection in accordance
with their relative youth and immaturity. Parents are granted rights and
responsibilities to make decisions on children’s behalf until such time
as those children are capable of taking decisions for themselves. Article
5 of the Convention on the Rights of the Child makes clear that any direction
and guidance provided by parents must be appropriate, be directed toward
the exercise by the child of their rights and be consistent with the evolving
capacities of the child. In other words, the rights of parents to exercise
control over their child’s decision-making only exist for as long as that
child lacks the competence to exercise choice for him or herself. Furthermore,
it is important to recognise that the experience of active participation
within decision-making is a central part of the process of developing the
capacity for making informed choices.
One of the difficulties faced by many disabled children is that parents
find it difficult to allow them to take increasing responsibility for their
own lives. However, disabled children must be accorded equal rights with
non-disabled children, both to develop their evolving capacities, and to
respect for those capacities. The proposed amendment to paragraph (k) re-affirms
the principle embodied in Article 5 of the Convention on the Rights of the
Child, that although children lack equal status with adults in respect of
full autonomy, appropriate recognition must be afforded to their evolving
capacities to exercise responsibility for decision-making in their own lives.
Differing views on children’s capacities
A day centre in Romania catering for physically impaired children, developed
a questionnaire and gave it to both parents and children in order to get
their views on the children’s levels of competence. The children’s answers
consistently indicated that they felt themselves to have a higher level
of competence and confidence to undertake decisions and tasks than they
were allowed by their parents. The parents were surprised by the children’s
answers and how widely they diverged from their own. It forced them to reflect
on the assumptions they made about their children’s capacities.
2 We endorse the EU proposal for an additional paragraph (s). This paragraph
is of critical importance because children with disabilities are rendered
largely invisible in many societies in the world. They are excluded from
school, from play, from social and cultural activities, from friendships.
They are also widely excluded from legislative, policy and administrative
measures targeted at strengthening the rights of children. This invisibility
arises often not through deliberate intent but rather, through a failure
to understand or introduce the measures that are needed to protect their
rights. Neither measures targeted exclusively at adults with disabilities,
nor measures targeted at non-disabled children will necessarily address
the situation of children with disabilities. For example, measures introduced
to ensure the right of children to engage in leisure and recreational activities
will exclude disabled children unless they address, from the outset, the
potential social, cultural, physical and transport barriers they are likely
to face. Measures to ensure the rights of persons with disability to leisure
and recreation will exclude play facilities, unless explicit acknowledgement
is made that persons with disabilities includes children. It is imperative
therefore, that they are explicitly recognised, and rendered visible within
the text of this Convention.
LANDMINE SURVIVORS NETWORK
DRAFT PREAMBLE
SYNTHESIS OF PROPOSALS
The States Parties to this Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations
which recognize the inherent dignity, worth, and the equal and inalienable
rights of all members of the human family as the foundation of freedom,
justice and peace in the world,
(b) Recognising that the United Nations, in the Universal Declaration of
Human Rights and in the International Covenants on Human Rights, has proclaimed
and agreed that everyone is entitled to all the rights and freedoms set
forth therein, without distinction of any kind,
(c) Reaffirming the universality, indivisibility, inalienability and interdependence
of all human rights and fundamental freedoms and reiterating that persons
with disabilities are entitled to their full enjoyment without any form
of discrimination,
(d) Reaffirming the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights, the International
Convention on the Elimination of All Forms of Racial Discrimination, the
International Convention on the Elimination of All Forms of Discrimination
against Women, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the Convention on the Rights of the Child,
and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families,
(d bis) Applauding the efforts of governments at the World Conference Against
Racism, Racial Discrimination, Xenophobia and Related Intolerance, held
in South Africa in 2001, which gave impetus to the resolution promoting
the work of the United Nations in the elaboration of an International Convention
on the rights of persons with disabilities,
(e) Emphasising the importance of the World Programme of Action and the
principles and policy guidelines developed and contained in the United Nations
Standard Rules on the Equalization of Opportunities for Persons with disabilities
in influencing the promotion, formulation and evaluation of the policies,
plans, programmes and actions at the national, regional and international
levels to further equalize opportunities for persons with disabilities,
(f) Recognising that discrimination and violence against any person on the
basis of disability is an affront to the inherent dignity of the human person,
(g) Recognising further the diversity of persons with disabilities,
(h) Realising that, despite these various instruments and undertakings persons
with disabilities continue to face barriers in their equitable participation
as equal members of society and violations to their human rights in all
parts of the world,
(i) Emphasising the importance of international cooperation for improving
the living conditions and promoting the full enjoyment of human rights and
fundamental freedoms of persons with disabilities,
(j) Emphasising also the existing and potential contributions of persons
with disabilities to the overall well-being and diversity of the society
and that the promotion of the full enjoyment by persons with disabilities
of their human rights and fundamental freedoms and of full participation
by persons with disabilities will result in significant advances in the
human, social and economic development of the society,
(k) Recognising the importance of individual autonomy and independence,
including the freedom to make their own choices,
(l) Considering that persons with disabilities should have the opportunity
to be actively involved in decision-making processes about policies and
programmes directly concerning them,
(m) Emphasising the difficult conditions faced by persons with disabilities
and in particular those who are subject to multiple or aggravated forms
of discrimination on the basis of race, colour, sex, language, and the kind,
degree and multiplicity of disability, age, religion, political or other
opinion, ethnic, national or social origin, property, birth, sexual orientation,
or because of their status as refugees or internally displaced, older persons,
people living in rural areas, informal settlements, scattered populations,
and indigenous persons or other status,
(m bis) Noting with concern that there exists, in various parts of the world,
harmful cultural practices and beliefs that have negative impact on the
rights of persons with disabilities,
(n) Emphasising the need to incorporate a gender perspective in all efforts
to promote the full enjoyment of human rights and fundamental freedoms by
persons with disabilities,
(n bis) Recognising that women and children with disabilities are often
subject to multiple discrimination, are at greater risk, both within and
outside the home, of violence, injury or abuse, neglect or negligent treatment,
maltreatment or exploitation, including sexual exploitation and abuse, and
therefore suffer particular disadvantages,
(n ter) Recognising the particular circumstances of the child with disabilities
and that the child with disabilities should enjoy the right to a full and
inclusive life in conditions that ensure dignity, promote self reliance
and autonomy and facilitate their active participation in the community,
(o) Recognising that a disproportionately large number of persons with disabilities
live in conditions of poverty and mindful of the need to eradicate the negative
impact of poverty on the quality of life of persons with disabilities,
(p) Emphasising that armed conflict and foreign occupation have devastating
consequences for the human rights of persons with disabilities,
(p bis) Recognising the negative impact of HIV/AIDS on persons with disabilities
in all spheres of life, (q) Recognising the necessity of accessibility to
the physical, political, social, economic and cultural environment and to
information and communication technologies, in enabling persons with disabilities
to fully enjoy all human rights and fundamental freedoms, and
(r) Convinced that a Convention dealing specifically with full enjoyment
of the human rights and equal opportunities by persons with disabilities
will make a significant contribution to redressing the profound disadvantage
of persons with disabilities and promote their participation in the civil,
political, economic, social and cultural spheres,
Have agreed as follows:
COMMENTS
The function of the Preamble in a human rights treaty is multifaceted. The
language in the Preamble should reflect precedent in international human
rights documents, as well as contain language expressing the shift in the
perception of disability from one focusing on the individual impairment,
to one focusing on the barriers associated with any form of impairment which
result in the deprivation of human rights of people with disabilities.
Even though the Preamble is not an operative part of the treaty, it provides
a useful historical context and the rationale for introducing a new instrument
into the body of international law. The draft text as presented here was
not proposed at the third Ad Hoc Committee meeting, but is drawn in part
from components of the Working Group Draft Text, as well as specific proposals
from several Ad Hoc Committee members. Throughout the Preamble, the provisions
are intended to promote the goal of the Convention, namely, the achievement
of full and equal enjoyment of human rights by people with disabilities.
Draft Preamble paragraphs (a), (b), (c) and (d) represent standard language
used in human rights Conventions, and fulfill one of the functions of the
Preamble, namely, to reaffirm the relationship between the Convention and
prior developments in international law. The addition of the word “worth”
to the Working Group Draft Text in paragraph (a) (Holy See) is consistent
with language in other preceding international human rights documents. (Cf.
Charter of the United Nations, UDHR, CRC, CEDAW, Vienna Declaration) A proposal
by Pakistan during the Ad Hoc Committee Meeting argued for deletion of the
reference to the International Covenants on Human Rights.
However, they are
a part of the Bill of Human Rights and their reference in the preamble is
appropriate and necessary. (Cf. OHCHR web site at http://www.ohchr.org/english/bodies/index1.htm,
CRC, Preamble)
The reference in Draft Preamble paragraph (c) is to the language of the
Vienna Declaration (1993), Paragraph 5: “all human rights are universal,
indivisible, and interdependent and interrelated.” The paragraph is similar
to the Working Group Draft Text. The original language “the need for” was
replaced with “reiterating that,” which reflects the view (EU)
that people with disabilities are already entitled to the full enjoyment
of human rights under other Conventions.
Draft Preamble paragraph (d) is consistent with the principal human rights
Conventions in force. (Cf. Vienna Declaration, preamble (1993); UNSR, preamble)
Some governments (EU, Israel, Canada, Costa Rica) suggested deletion of
the reference to the International Convention on the Protection of the Rights
of All Migrant Workers and their Families. However, since it is one of the
seven core human rights treaties, its reference here is appropriate. (Cf.
Office of the High Commissioner for Human Rights, available at: http://www.ohchr.org/english/bodies/index1.htm)
Draft Preamble paragraphs (d) and (e) reference the events and documents
leading up to the development of the Convention. As an addition to the Working
Group Draft Text, the suggested (Chile) reference to the World Conference
against Racism has been included, since it was an important catalyst for
the development of the Convention.
Draft Preamble paragraph (f) in this text is in large part the same as the
Working Group text, with the suggested addition of the word “violence” (Costa
Rica) and change of the word “violation” to “affront.” (EU)
In order to prevent limited application of the Convention, Draft Preamble
paragraph (g) of the Working Group Draft Text is retained in its entirety.
A proposal (India) during the Ad Hoc Committee Meeting suggested specifying
that the word “diversity” refers to the type of impairment, but since the
focus of the Convention is on the environmental barriers to full integration
of people with disabilities in the society, this was not included. “Diversity”
should encompass different social, economic and cultural situations that
people with disabilities encounter.
Draft Preamble paragraph (h) uses the word “realising” instead of the original
“concerned,” since the former is consistent with other human rights Conventions.
A further change is the use of “these various instruments and undertakings,”
(EU) as well as the addition of “equitable” participation (South Africa).
Draft Preamble paragraph (i) is especially important, because it affirms
the principle of international cooperation. The language retained is largely
the same as that in the Working Group Draft Text, and was supported by the
South African delegation. The alternative language as proposed by some governments
(EU, Syria, Argentina) was not included, as it is important to emphasize
the comprehensive nature of international cooperation necessary for the
implementation of the Convention. Reference to global cooperation is sufficient
for the purposes of this Convention. (Cf. Vienna Declaration, paras. 20
and 25) The operative word “emphasising” was retained, as opposed to “recognising”
as suggested by some (India, Namibia) in order to highlight the importance
of this concept. The inclusion of this paragraph in the preamble does not
preclude the inclusion of a separate Article on international cooperation,
since as Pakistan suggested during the Ad Hoc Committee meeting, international
cooperation is necessary for the implementation of this Convention.
Draft Preamble paragraph (j) references the ongoing efforts and contributions
of people with disabilities to their societies, as well as links the promotion
of human rights of people with disabilities with other objectives, notably
development. (Cf. CEDAW, Vienna Declaration) Since the reference is to efforts
in the past, as well as the future, the word “of” instead of “made by” was
included, as suggested by Namibia. The reference to the eradication of poverty
was deleted as suggested by the EU, since Draft Paragraph (o) deals specifically
with this issue.
One of the functions of the preamble is to preliminarily identify principles
and objectives of the Convention. Draft Preamble paragraph (k) fulfills
that function by referring to “individual autonomy” and “independence” of
people with disabilities. Draft Preamble paragraph is retained in its entirety,
and the only modification from the Working Group Draft Text is the operative
word “recognising” which replaces the resolution-style word “concerned.”
References to “families” (India, Pakistan) and “care-givers” (Pakistan),
proposed by some governments were not included in Draft Preamble paragraph
(l). In many countries the families and/or care givers of people with disabilities
are the primary abusers and violators of their human rights, and thus, it
is essential that the participation be primarily ensured for people with
disabilities.
It is important to note that this is still a weaker formulation than that
used in the Vienna Declaration, which uses the word “essential.”
The language in Draft Preamble paragraph (m) is very important, as it recognizes
the existence of aggravated discrimination facing these groups in society.
The purpose of this draft paragraph is to emphasize the aggravated discrimination
that people with disabilities face in certain environments. Thus, the draft
text of this paragraph has been retained without the reference to “severe”
or “aggravated” disabilities, because of the difficulties associated with
defining the terms, as suggested by some (Argentina, Canada, Yemen, Cuba,
Namibia, Lebanon). Even though it was not suggested during the Ad Hoc Committee
meeting, the operative word in this paragraph has been changed from “concerned”
to “emphasising,” in order to avoid resolution-style language. Pakistan
suggested not listing different bases for discrimination, for there is a
danger that it cannot be exhaustive. The inclusion of the phrase “or other
status” eliminates that danger.
Draft Preamble paragraph (n) invokes a gender perspective. This is a very
important reference to women and is consistent with the resolutions of the
Commission on Human Rights. Draft Preamble paragraph (n bis) is a consolidation
of the paragraphs (n bis) and (n ter) suggested by the EU. It is essential
to address the particular problems women and children with disabilities
face.
Draft Preamble paragraph (n ter) is the proposed text of Draft Preamble
paragraph (s), as suggested by the EU. The language was retained, as an
important reference to the specific conditions affecting the life of children
with disabilities. (Cf. CRC, Article 23)
Draft Preamble paragraph (o) deals with poverty. The proposal (India): “poverty
can exacerbate the incidence and situations of persons with disabilities”
was not included, since these are not the only examples of the negative
impact of poverty on people with disabilities. Also, the language referring
to the need to eradicate poverty because it causes disabilities was not
retained. The text currently includes the Working Group Draft Text and adds
language proposed by the EU addressing the fact that people with disabilities
are over-represented among the poorest people in the world. They have been
largely overlooked, but the recent poverty reduction strategies development
is a chance to refocus the agenda. One of the Millennium Development Goals
is the eradication of extreme poverty and hunger. This is a goal that cannot
be achieved without taking into account people with disabilities, as a group
that is disproportionately represented among the world’s poorest people.
(Cf. Millennium Development Goals; Poverty and Disability) The word “eradicate”
was used, rather than the weaker proposal (EU), “alleviate.”
The operative word in Draft Preamble paragraph (p) was amended to conform
to the language in other Conventions. The reference to armed conflict in
this draft paragraph includes the proposal by Syria to add “foreign occupation,”
because it reflects the current global situation.
Draft Preamble paragraph (p bis) is added as suggested by Kenya during the
third session of the Ad Hoc Committee. It emphasizes the detrimental effects
of HIV/AIDS for people with disabilities, especially in developing countries.
Draft Preamble paragraph (q) reflects the major target areas for equal participation
set forth in the UNSR, Rules 5-12. Even though it was not proposed during
the Ad Hoc Committee Meeting, the text includes the word “necessity” instead
of “importance,” because the concept of accessibility is one of the fundamental
principles of the paradigmatic shift in the perception of disability in
society. The proposals to include “political” (Yemen, South Africa, Costa
Rica) and “cultural” (Costa Rica, Yemen) environment was retained, as it
captures the language of the ICCPR and ICESCR.
Draft Preamble paragraph (r) fulfills another important function of the
Preamble, namely, providing a rationale for introducing a new Convention,
as well as the rationale for choosing a comprehensive approach to the Convention.