UN Enable - Preamble | Seventh Session - Comments, proposals and amendments submitted electronically

Comments, proposals and amendments submitted electronically

Governments

BOSNIA AND HERZEGOVINA

Preamble
New paragraph (p)

“(p) Concerned that situations of armed conflict have especially devastating consequences for the human rights of persons with disabilities, [NEW: and reaffirming that in such situations parties to armed conflict must abide by their obligations under international humanitarian law,]”

CANADA

Preamble

pp(d) "NOTING THAT THE STATES PARTIES TO THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS, 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 HAVE THE OBLIGATION TO ENSURE THE EQUAL RIGHTS OF PERSONS WITH DISABILITIES."

pp(j) "Emphasizing the IMPORTANCE OF RECOGNIZING THE VALUED existing and potential contributions made by persons with disabilities to the overall well-being and diversity of their communities, 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 THEIR ENHANCED SENSE OF BELONGING AND significant advances in the human, social and economic development of [DEL their societies] TO SOCIETY and the eradication of poverty,"

pp(m) Canada would add "AGE" and "SEXUAL ORIENTATION" to the grounds of prohibited discrimination.

Canada

Proposal for amendment to the facilitator's text on children:

Preamble n(ter) - support EU proposed text.

CHINA

China’s proposal on Preamble elaborated together with Mexico, Uganda and Russia

Para. (R) to be changed as follows:

(r) Convinced that a ( Add: Comprehensive and Integral) convention (On the Rights and Dignity to replace “dealing with specifically with the human rights) of persons with disabilities ….

And the rest of this para remains unchanged.

Justification

1. To be consistent with the mandate and stipulations set by the UN Resolution 56/168 that has a clear stipulations and mandate about Ad Hoc Committee and the nature of the convention.

The resolution reads:

“Decides to establish an Ad Hoc Committee, open to the participation of all Member States and observers of the United Nations, to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, based on the holistic approach in the work done in the fields of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development;….”

2. To be consistent with the name of our convention- namely- International Convention on Rights of Persons with Disabilities.

China
Part II CHILDREN

n ter) Recognizing that children with disabilities, by reason both of their physical and mental immaturity and of their disability, especially when they are deprived of family environment and recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with others other children, and recalling obligations to that end undertaken by States Parties to the Convention of the Rights of the Child.

Note: The amendment keeps consistency with Para 3 of Article 7.

EUROPEAN UNION

Preamble

The States Parties to this Convention,

(a) Recalling the principles proclaimed in the Charter of the United Nations which recognize the inherent dignity 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) Recognizing 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 and interdependence of all human rights and fundamental freedoms and the need for persons with disabilities to be guaranteed their full enjoyment without discrimination,

(d) Reaffirming also 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,

(e) Recognizing the importance of the principles and policy guidelines 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) Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity of the human person,

(g) Recognizing further the diversity of persons with disabilities,

(h) Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations to their human rights in all parts of the world,

(i) Recognising the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,

(j) Emphasizing 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 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 their societies and the eradication of poverty,

(k) Recognizing the importance for persons with disabilities of their 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, especially those directly concerning them,

EU Proposal (l): Replace “especially” with “including”

(m) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

EU Proposal (m): Add “sexual orientation” after “birth”.

(n) Emphasizing 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,

(p) Concerned that situations of armed conflict have especially devastating consequences for the human rights of persons with disabilities,

(q) Recognizing the importance of accessibility to the physical, social and economic environment and to information and communication, including information and communication technologies, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

(r) Convinced that a convention dealing specifically with the human rights of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,
Have agreed as follows:

EU Position on “Women” and “Children” in response to the joint facilitator’s proposal, 31 January 2006

Women
Recognising that women and girls with disabilities are often at greater risk, both within and outside the home of violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including their gender based manifestations.
Children
Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, and recalling obligations to that end undertaken by States Parties to the Convention of the Rights of the Child;

INDIA

Preamble

We appreciate the effort put in by you in bringing up a text of preamble, which reflects to large extent proposals, made during earlier meetings of the Committee. We support the Chair’s text on preamble of the convention. We however have some proposals on the chair’s text and on the proposals made by some delegations today.

(i) First, we propose deletion of reference to the Convention on Migrant workers and members of their families in paragraph (d). We suggest that a general reference may be made in this paragraph on International Covenants to encourage ratification of this Convention.

(ii) We support proposal made by US delegation regarding recognition of the role of family who play crucial role in full and equal enjoyment of the rights of persons with disabilities. The formulation provided by the US is acceptable to us.

(iii) We do not support reference to genetic testing in the preamble. Reference to the ethical principles embodied in the UNESCO International Declaration does not justify its inclusion in the preamble since that is not a legally binding document whereas this convention will be a legally binding instrument. Further, the issue raised is not of such significance that it should find place in the preamble of this convention.

(iv) We feel that the paragraph (o) of the preamble needs strengthening. We are aware that twin effect of poverty and disability on the family has a cumulative effect on the livelihood. We feel that this effect should be highlighted in preamble. Proposal made by Philippines in this regard is acceptable to us and possibly could be improved.

Proposals on articles relating to Women and Children with disabilities and other relevant articles
(i) We agree with the Facilitator’s text regarding preamble.

KENYA

Preamble

The States Parties to this Convention,

(e) Recognizing the importance of the principles and policy guidelines contained in the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities and the World Programme of Action Concerning 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) Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity of the human person,

(g) Recognizing further the diversity of persons with disabilities,

(i) Recognising the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,

(k) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

(m) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, age, language, religion, political or other opinion, national or social origin, property, birth or other status,

(n) Emphasizing 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,

(p) Concerned that situations of armed conflict have especially devastating consequences for the human rights of persons with disabilities,

(q) Recognizing the importance of accessibility to the physical, social, cultural and economic environment and to information and communication, including information and communication technologies, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

Have agreed as follows:

PHILIPPINES

Proposals by the Philippines on the Preamble of the draft convention on disability:

f(bis)

Acknowledging the important contribution of the World Programme of Action concerning Disabled Persons in addressing, through an economic and social development approach, the realities facing persons with disabilities whose vast majority live in developing countries,

Revisions to (o)

(Recognizing - delete) (Highlighting the fact - insert) that a (disproportionately large number of - delete) (the majority of persons with disabilities live in conditions of poverty and in this regard - insert), (mindful of the need to alleviate - delete) (recognizing the critical need - insert) to a! ddress the negative impact of poverty on persons with disabilities.

RUSSIAN FEDERATION

Preamble

Revised proposal of the Russian Delegation (02/02/06)

“q-bis) Reaffirming that everyone, having duties to other individuals and to the community to which he or she belongs, is under a responsibility to strive for the promotion and observance of the rights recognized under the International Bill of Human Rights;”
(the proposed text is based on para.6 of the Preamble of the ICCPR)

Russian Federation on the Rights of Children with Disabilities

“n-bis) Bearing in mind that disabled children, by reason both of their physical and mental immaturity and of their disability, especially when they are deprived of family environment, need appropriate safeguards and care, including legal protection, and recognizing that those guarantees shall be accorded, without any discrimination on the basis of disability, in accordance with the present Convention and other applicable rules of international law, set forth, inter alia, in the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child;”.

SOUTH AFRICA

Preamble

Response to the Second Draft of the Facilitator’s Text on Article 6 and 7 at the Seventh Session
30 January 2006

Women and Girls with Disabilities
The following adjustments to the language for the proposed n (bis) in the Preamble is therefore proposed

“Recognizing that women and girls with disabilities are subject to multiple discrimination and that they are often at greater risk of gender based violence, exploitation, injury, abuse and neglect”

Justification
We are of the opinion that the fact that women and girls with disabilities are, firstly subject to multiple discrimination and, secondly that they are especially vulnerable should be recognized and we therefore propose that the reference to women and girls with disabilities are subjected to multiple discrimination, could also be moved to the Preamble.

South Africa’s Response to the Facilitator’s Text on Children

Preamble
We agree with the EU and the IDC that the words “by reason both of their physical and mental immaturity and of their disability, especially when they are deprived of family environment” can be deleted from the facilitator’s text. We support the rest of the language. IDC´s text in particular is favored in this context.

UNITED STATES

Proposal for Preamble

New paragraph on the role of the family (based on the preambular paragraph proposed in the Chair’s revised text of Article 23):

Convinced that the family, as the fundamental group of society, should receive support, information, and services to enable it to contribute toward the full and equal enjoyment of the rights of persons with disabilities;

New paragraph on genetic testing (in place of the United States proposal for a new Article 25(e)):

Recognizing the need to protect the privacy of persons with disabilities subject to genetic testing and bearing in mind in this regard the ethical principles embodied in the UNESCO International Declaration on Human Genetic Data;

Non-governmental organizations

INTERNATIONAL DISABILITY CAUCUS (IDC)

Chairman’s Text as amended by the IDC

Preamble

(Draft (REPLACE “Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities” BY “International Convention on the Rights of Persons with Disabilities”))

The States Parties to this Convention,

(e) Recognizing the importance of the principles and policy guidelines contained in the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (ADD: “and the World Programme of Action Concerning Disabled Persons”) 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) Recognizing also that discrimination against any person on the basis of disability is a violation of the inherent dignity of the human person,

(g) Recognizing further the diversity of persons with disabilities (ADD: and their right to development in accordance with their own needs and interests)

(NEW (g) bis: “'Recognising the need to promote and protect the human rights of all people with disabilities, including those who demand more intensive support ')

(h) Concerned that, despite these various instruments and undertakings, persons with disabilities continue to face barriers in their participation as equal members of society and violations to their human rights in all parts of the world,

(k) Recognising the importance of international cooperation for improving the living conditions of persons with disabilities in every country, particularly in developing countries,

(l) Emphasizing 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 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 their societies and the eradication of poverty,

(m) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices,

(n) Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, especially those directly concerning them,

(o) Concerned about the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, (ADD: ethnicity, age) language, religion, political or other opinion, national or social origin, property, birth or other status, (ADD: including those who are denied their right to identify as indigenous persons with disabilities)

(p) Emphasizing the need to incorporate a gender perspective in all (REPLACE “efforts” BY “actions”) to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,

(q) Recognising that a disproportionately large number of persons with disabilities live in conditions of poverty, and mindful of the need to alleviate the negative impact of poverty on persons with disabilities,

(r) Concerned that situations of armed conflict have especially devastating consequences for the human rights of persons with disabilities,

(s) Recognizing the importance of accessibility to the physical, social (ADD: cultural) and economic environment and to information and communication, including information and communication technologies, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms,

(t) Convinced that a convention dealing specifically with the human rights of persons with disabilities will make a significant contribution to redressing the profound social disadvantage of persons with disabilities and promote their participation in the civil, political, economic, social and cultural spheres with equal opportunities, in both developing and developed countries,

(NEW s) Recognising that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with other children, without discrimination on the basis of disability, and recalling obligations to that end undertaken by states parties to the Convention on the Rights of the Child.

JUSTIFICATION: This text would make explicit that the new Convention applies to children as well as adults with disabilities, and would render them visible as subjects of rights to whom states parties must be accountable.

IDC response to the facilitator’s proposal on children
22 January 2006

Facilitator’s proposed text

n bis) Recognizing that children with disabilities should have full enjoyment of all human rights on an equal basis with others and fundamental freedoms, without discrimination on the basis of disability, and recalling obligations to that end undertaken by States Parties to the Convention of the Rights of the Child

The IDC supports the introduction of this text

IDC response to the proposed facilitator’s text on children
30 January 2006

Facilitator’s text

n ter) Recognizing that children with disabilities, by reason both of their physical and mental immaturity and of their disability, especially when they are deprived of family environment and recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms on an equal basis with others, and recalling obligations to that end undertaken by States Parties to the Convention of the Rights of the Child

IDC response

The IDC supports the inclusion of a preambular statement on children but not the current proposed wording. We would support the text proposed by the EU:

‘Recognizing that children with disabilities should have full enjoyment of all human rights and fundamental freedoms, on an equal basis with other children without discrimination on the basis of disability, and recalling obligations to that end undertaken by States Parties to the Convention of the Rights of the Child’.

Rationale

The IDC considers that the key issue here is that children with disabilities should enjoy their rights and freedoms on an equal basis with other children. This right derives from their humanity not from their immaturity or disability. There is no need to specify here their specific situation. The EU proposal provides an overarching recognition of the need to have regard to children with disabilities and the realisation of their rights, and as such renders children with disabilities visible, and stresses their equal rights with other children.

Women’s IDC
28/30 January 2006

Response to the Facilitator’s Proposals on Women with Disabilities

Women’s IDC welcomes very much the various drafted proposals put forward by the facilitator on the basis of delegates suggestions. The proposal enhances the draft text of the Convention by including the specific rights of women and girls with disabilities equally with others. Some articles are not taken into account of the facilitators’ last proposal, e.g. education, employment, rehabilitation, which we regret greatly. Therefore proposals to compliment this are included in our reaction.

Facilitator’s text

n bis) Recognising that women and girls with disabilities are often at greater risk, both within and outside the home of violence injury or abuse, neglect or negligent treatment maltreatment or exploitation including their gender based manifestations.

Women’s IDC

n bis) Recognising that women and girls with disabilities are often at greater risk,
REPLACE: both within and outside the home of violence injury or abuse, neglect or negligent treatment maltreatment or exploitation including their gender based manifestations.
BY: to all forms of discrimination and violence as set forth in the Declaration on the Elimination of Violence against Women adopted by the United Nations.

Rationale:

Women’s IDC in general welcomes the recognition of the high risk that women and girls with disability face concerning the experience of violence in the preamble. Particularly the recognition of various forms of violence that are specifically experienced by women and girls with disabilities is of great importance.

Nevertheless, with regard to the character of the preamble these gender-specific forms of violence have to be listed in article 16 on violence. This is even more important as CEDAW also does not provide protection and recognition in this respect. A comprehensive description of gender-based violence has been provided by the Declaration on the Elimination of Violence against Women, adopted by the General Assembly resolution 48/104 of 20 December 1993. A reference to this Declaration should be included in the preamble.

INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA (IDCSK)

Preamble

IDCSK fully supports the proposals made by the IDC except only the below.

Chairman’s Text (as amended by the International Disability Caucus)

(j) (REPLACE “Emphasizing” BY “Convince”) 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 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 their societies and the eradication of poverty,

(k) Recognizing the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices (ADD: and emphasizing that life of persons with disabilities shall be inclusively realized in communities.)

(l) (REPLACE “Considering” BY “Emphasizing or recognizing”) that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, especially those directly concerning them,

(o) Recognising that a disproportionately large number of persons with disabilities live in conditions of poverty, and mindful of the need to alleviate the negative impact of poverty on persons with disabilities, (ADD: and acknowledging the need of active actions to prevent poverty from being continuous.)

JAPAN DISABILITY FORUM (JDF)

Preamble

Revisions and Reasons In Paragraph (h), “persons with disabilities continue to face barriers in their participation as equal members of society and violations to their human rights” should be revised to read “persons with disabilities continue to face environmental barriers that bar them from participation as equal members of society and violations to their human rights”.

[Reason] The fact that environments create barriers should be emphasized.

PEOPLE WITH DISABILITY AUSTRALIA (PWDA)

Report on National Consultations

Preamble

Participants supported the Preamble contained in the Chair’s Text.

However, many participants re-iterated support expressed in the 2004 Australian consultation on the Working Group text that the Preamble, for interpretative purposes, should clearly signal a change in understanding of disability away from one of “individual pathology” to recognition of the way in which social structures and processes disable people with impairments, and thereby deny their human rights.

This was particularly discussed in the context of the support for the inclusion of a social model of disability in Article 2: Definitions (please refer to section 2.3 below). It is therefore suggested the Preamble also include the following additional paragraph:

Recommended text

(s) Recognising a profound shift away from an understanding of disability as an individual pathology towards one that recognises the disabling impact of inaccessible social structures and processes on persons with impairment.

In addition, there was strong re-iterated support expressed in the 2004 Australian consultation for the inclusion of specific reference to population groups in the Preamble. Please refer to Section 3 of this report for further discussion on this issue.