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

Comments, proposals and amendments submitted electronically

Governments

CHILE

PREAMBLE

1. Continuation of letter (d) and in a separate letter – It is recommended that appreciation be extended to 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.

2. Letter (o)- add the phrase “in accordance with the Millennium Declaration on this matter”, as follows:

“ Aware of the necessity to mitigate the adverse effects of poverty on the situation of persons with disabilities, in accordance with the Millennium Declaration on this matter”.

3. It is recommended that the concept of “Index of Human Development” be introduced as a separate letter, or introduced as a concept in letter (r). In the latter case, it may read as follows:

“Convinced that a convention dealing specifically with the human rights of persons with disabilities will contribute to the improvement of the Human Development Index of this group and the world population in general, redressing the profound disadvantage of persons with disabilities and promote their participation with equal opportunities in civil, political, economic, social and cultural spheres in both developing and developed countries.

ARTICLE 18 - Participation in political and public life

Letter (a) item (iii) should be modified as follows:

(iii) Guarantee the effective exercise of the right of suffrage to all citizens with disabilities who request for it, and the necessary assistance to this effect, including the alternative of assisted voting, which does not impede the secrecy of the ballot indicated in the previous point (appreciation of assisted voting).

Letter (c) should be modified as follows:

(c) Ensure the participation of persons with disabilities and their respective organizations on an equal footing with others, in all the processes of adopting decisions in matters of public interest and the disabled in particular, implying their participation in the design, implementation, control and evaluation of public policies, as well as in legislative proposals. (note: idea of sectorial collaterals/idea of no thematic partitions)

EUROPEAN UNION

Preamble

EU proposal: “International Convention on the Full and Equal Enjoyment of all Human Rights and Fundamental Freedoms by Persons with Disabilities”

The States Parties to this Convention,

a) Recalling the principles proclaimed in the Charter of the United Nations which recognise 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) Recognising that the United Nations have, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights 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,

EU proposal: EU suggests c) should read: “Reaffirming the universality, indivisibility and interdependence of all human rights and fundamental freedoms and that persons with disabilities are guaranteed their full enjoyment without 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,

EU proposal: EU proposes deletion of reference to the Migrant Workers’ Convention

e) Recognising the importance of the principles and policy guidelines contained in the Standard Rules on the Equalisation of Opportunities for Persons with Disabilities in influencing the promotion, formulation, and evaluation of the policies, plans, programs and actions at the national, regional and international levels to further equalise opportunities for persons with disabilities,

f) Recognising that discrimination against any person on the basis of disability is a violation of the inherent dignity of the human person,

EU proposal: Replace the word “violation of” with “affront to”.

g) Recognising the diversity of persons with disabilities,

h) Concerned that, despite the efforts and actions undertaken by Governments, bodies and relevant organisations, 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,

EU proposal: Suggest replacing (h) with the following wording: “Concerned that despite these various instruments and undertakings persons with disabilities continue to face barriers to the effective enjoyment of human rights and fundamental freedoms”.

i) Emphasising the importance of international cooperation to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities,

EU proposal: EU proposes language in Footnote 4 as follows: “Recognising the importance of international cooperation for improving the living conditions of persons with disabilities in every country, in particular in the developing countries”.

j) Emphasising 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,

EU proposal: The EU suggests removing “and the eradication of poverty”.

k) Recognising 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 programs, especially those directly concerning them,

m) Concerned about the difficult conditions faced by persons with severe or multiple disabilities and of 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: EU proposes the deletion of the words “forms of”. EU proposes the inclusion of “sexual orientation”after “birth”.

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,

EU proposal: EU suggests insering a specific reference to the need to promote the full enjoyment of human rights and fundamental freedoms of women and girls with disabilities. New paragraph n bis.: “Recognising that women and girls with disabilities are often subject to multiple discrimination and therefore suffer particular disadvantages.

EU proposal: EU suggests including an additional paragraph n ter. on freedom from violence and abuse: “Recognising that persons with disabilities, in particular women and girls, 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”.

o) Mindful of the need to alleviate the negative impact of poverty on the conditions of persons with disabilities,

EU proposal: EU suggests reformulation of (o) as follows: “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 disability”.

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

q) Recognising the importance of accessibility to the physical, social and economic environment and to information and communication, including information and communications 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, economical, social and cultural spheres with equal opportunities, in both developing and developed countries,

EU proposal: EU suggests replacing “the human rights of” with “the enjoyment of human rights by” on the first line, and suggests deleting the word “social” on the third line.

EU proposal: the EU proposes the inclusion of the following paragraph:

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

Hereby agree as follows:

KENYA

PREAMBLE

Insert the following paragraphs:

Recognising that many persons with disabilities suffer double or multiple discrimination because of their status as children, women, refugees or internally displaced, older persons, people living in rural areas and people living in informal settlements.

Noting with concern that there exists, in various parts of the world, harmful cultural practices and beliefs that have continued to impact negatively on the rights of persons with disabilities.

Recognising that HIV/AIDS impacts negatively on persons with disabilities in all spheres of life

SOUTH AFRICA

PREAMBLE

Chair we are very grateful that your excellent leadership has enabled this committee to proceed in its deliberations.

The South African delegation wishes to propose some amendments to the current text of the preamble and these amendments will be submitted to the secretariat.

(c) On para ( c) we propose that it reads “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 any form of discrimination.”

• We are of the view that the words ‘any form of’ should be included in paragraph (c) in order to cover all forms of discrimination.

(g) In para g we propose it reads “Recognising [the diversity of persons with disabilities] [that persons with disabilities are not a homogenous group and that they are diverse in their own rights]”

The proposed wording in paragraph (g) is aimed at acknowledging the fact that persons with disabilities are not a homogenous group, but diverse in their own rights. It also recognises that disability is part of humanity and that persons with disabilities are not the same even if they have the same disability

(h) In Para h we propose that it reads “Concerned that, despite the efforts and actions undertaken by governments, bodies and relevant organisations, 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. The term equitable qualifies the participation of persons with disabilities as equal members of society and the fact that disabled and non disabled persons enjoy the same rights and hence the word ‘equitable’ in paragraph (h) seeks to guarantee equal participation of persons with disabilities in matters affecting their lives.

(i) In para (i) we propose that it reads “Emphasising the importance of international cooperation to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities.

(l) In para (l) we wish to propose it to read “Considering that persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programs” [especially those directly concerning them].

• We Propose deletion of the statement in paragraph (l) ‘especially those directly concerning them’ as we are of the view that they are extraneous and present the risk of involving persons with disabilities only in matters that affect them.

(p) In para (p) we wish to propose that it reads “Concerned that situations of armed conflict [have especially] cause disabilities and have devastating consequences for the human rights of persons with disabilities.

• The proposed that the words ‘… have especially devastating consequences …’ in paragraph (p) simply state the fact as regarding consequences of armed conflict. We are of the view that Disabilities in many instances are caused by armed conflict (hence the proposed wording).

(q) Finally chair in para (q) we propose that it reads “Recognising the importance of accessibility to the physical, political, social, economic and cultural environment and to information and communication, including information and communications technologies, in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms.

a. We are of the view that the words ‘political and cultural’ are to be inserted in paragraph (q) so as to capture the language and values in the International Covenant on Civil and Political Rights, and the Covenant on Social, Economic and Cultural Rights, with particular reference to promotion and protection of rights of persons with disabilities.

UN System organizations

OHCHR

See references to international human rights conventions and jurisprudence.

National Human Rights Institutions

ONTARIO HUMAN RIGHTS COMMISSION

Preamble paragraph (h)

Concerned that, despite the efforts and actions undertaken by Governments, bodies and relevant organizations, 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,
This has been the experience of the Ontario Human Rights Commission. Despite the ground of disability being introduced into Ontario’s Human Rights Code more than 20 years ago, today disability continues to be the highest single ground cited in complaints to the Commission, averaging above 50% over the last few years.

A 2001 national survey of persons with disabilities in Canada continues to indicate that persons with disabilities do not enjoy full and equal participation in society, particularly with respect to economic and social rights, including lower rates of higher education, total income, and labour force participation. 1

Preamble paragraph (m)

Concerned about the difficult conditions faced by persons with severe or multiple disabilities and of 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

There is legal jurisprudence in Canada that supports the notion that individuals can face multiple or “intersecting” forms of discrimination. In its majority decision in Law v. Canada,2 the Supreme Court of Canada recognized that a discrimination claim can present an intersection of grounds that are a synthesis of those listed in s. 15(1) of the Canadian Charter of Rights and Freedoms or are analogous to them.

The Commission has dealt with a number of cases where the ground of disability intersects with other enumerated grounds of discrimination as well as other factors such as language. The Commission has published a discussion paper on the broader topic: An intersectional Approach to Discrimination Addressing Multiple Grounds in Human Rights Claims.

Preamble paragraph (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…

It is the Commission’s own experience that laws and policies that specifically address the human rights of persons with disabilities can make a significant impact. The Commission’s first version of its Policy and Guidelines on Disability and the Duty to Accommodate was released in 1989 and was substantially revised and re-released in 2001. It has been the Commission’s most sought after publication.

The Disability Policy provides a comprehensive interpretation and understanding of the rights of persons with disabilities set out under Ontario’s Human Rights Code. It has helped give focus to the work of the Commission as well as assisting other organizations and individuals involved in promoting and protecting disability rights. The Disability Policy has been referenced in case law3 and has been the catalyst of other activities and reports of the Commission including its public consultations on accessible education for students with disabilities, the rights of older persons, access to public transit, shortcomings of the Building Code, and barriers in the restaurant and hospitality industry.

Non-governmental organizations

AUSTRALIAN NGOs

Interventions made at the Third Session:

PREAMBLE

Ms/r Chairman:

Thank you for the opportunity to address the Ad Hoc Committee.

We believe the name of this treaty requires simplification. The current name is unnecessarily long and uncertain. We propose the title of the treaty be amended to “Convention on the Human Rights and Fundamental Freedoms of People with Disability.” This title would clearly and concisely describe the nature of the treaty.

In general, we support the proposed text for the Preamble, but believe that four refinements are required.

Firstly, we believe the Preamble, for interpretative purposes, should clearly signal a change in understanding of disability away from one of ‘individual pathology” to a recognition of the way in which social structures and processes disable people with impairments, and thereby deny their human rights. We therefore suggest the Preamble include the following additional paragraph:

“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.”

Second, we urge the amendment of paragraph (m) to also refer to the multiple and aggravated forms of discrimination experienced on the basis of “age (by children and elderly persons), sexual orientation, by indigenous persons, and by people in remote and island locations.”

Third, we would like to see paragraph (l) of the Preamble strengthened in two respects. We believe that the stronger word “recognising” (rather than “considering”) should introduce the paragraph to make it clear that State parties positively accept this principle rather than merely acknowledge it. We would also like participation in decision-making to be referred to as “essential” and as a “condition precedent” to the enjoyment of the human rights provided in this and other human rights instruments. This would enshrine the fundamental principle put to the Ad Hoc Committee by the International Disability Caucus on numerous occasions in the debate to date: “nothing about us, without us.”

Fourth, we suggest for indicative and interpretative purposes, to support those aspects of this convention that attempt to eliminate eugenic practices, and violence and abuse of people with disability, the addition of the following additional paragraph:

“Recalling with profound concern the history and experience of eugenics, abuse, neglect, isolation, segregation and violence against people with disability in many parts of the world

Thank you for the opportunity to address the Committee

EUROPEAN DISABILITY FORUM

Preamble

A reference to international cooperation should be added, in line with what is mentioned in the previous section.

The preamble should include a paragraph which reminds that this Convention covers girls and boys with disabilities, young women and men with disabilities, adult women and men with disabilities, as well as older women and men with disabilities.

Paragraph p) should also include terrorism and natural disasters.

Paragraph m) should be reworded to make clear that the groups referred in this paragraph have additional problems to other disabled people and therefore require even more attention. The listing should also include disabled people from indigenous minorities, as well as those living in rural and remote areas.

INDIAN NGO CONSULTATIVE MEETING

1. The participants are of the view that points a) to r), preceding Article 1 of the Draft text by the Working Group (WG), should be organised under the Title ‘Preamble’.

2. Modifications recommended to points- g), k), n) and p) of the Preamble.

3. With reference to point g), the diversity of persons with disabilities needs to be qualified by the types, nature, degree, socio-economic status, gender and other factors. The modified point- g) should read “Recognising the diversity of persons with disabilities on grounds of the types, nature, degree, socio-economic status, gender and other factors.

4. In point k), additional text suggested after “freedom to make their own choice” as- “which should include freedom of assisted / informed choice for those who encounter difficulties in expressing free choice”. Therefore the modified text of point k) should read as “Recognising the importance for persons with disabilities of their individual autonomy and independence, including the freedom to make their own choices, which should include freedom of assisted / informed choice for those who encounter difficulties in expressing free choice.”

5. In point n), the group suggested to replace the expression- “persons with disabilities” with “men, women, boys and girls with disabilities” as expressed in UN Standard Rules. The modified text for point n) should read as “Emphasising the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by men, women, boys and girls with disabilities”,

6. The scope of Point-p) of Preamble is suggested to be widened by incorporating “consequences arising due to acts of terrorism and natural disasters” apart from armed and civil conflicts. Therefore the Modified text for point –p) should read as “Concerned that situations of armed conflict, acts of terrorism and natural disasters have especially devastating consequences for the human rights of persons with disabilities”.

7. An additional clause should also incorporate the reference to the Vienna Declaration, Declaration On Right to Development and World Programme of Action.

8. A special mention is recommended for the work done by Special Rapporteur in the UN Standard rules on equalisation of opportunities for persons with Disabilities 1993 would be valuable in the Preamble.

9. The Preamble could include a statement expressing diversity in economic development to justify progressive realisation of certain rights whereas no compromise is recommended in the immediate realisation of civil and political rights.

INTERNATIONAL SAVE THE CHILDREN ALLIANCE

Preamble

The draft does not mention children, the committee may want to stress that this convention applies to children as well as adults. We emphasise that children as well as adults with disabilities are entitled to make their own decisions and have their views respected. We recognise children and adults with disabilities as individual rights holders as well as in relation with their social network.

Suggested changes

c. Reaffirming the universality, indivisibility and interdependence of all human rights and fundamental freedoms and the need for children and adults with disabilities to be guaranteed their full enjoyment without discrimination

g. Recognising diversity and consequent risks of multiple discrimination for persons with disabilities

h. Concerned that, despite the efforts and actions undertaken by Governments, bodies and relevant organisations, children and adults 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 for children and adults with disabilities of their individual autonomy and self-reliance, including the freedom to make their own choices

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

Suggested additional paragraph

Recognising the importance of social relations and interdependence of children and adults with disabilities at the level of the family, peers and networks beyond in society

Recalling that the CRC emphasises that children, including those with disabilities, are rights holders, entitled to respect for their views in accordance with their age and maturity’.

JAPAN DISABILITY FORUM

< Preamble>

Original Text of the Draft
(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 Against Women, the Convention Against Torture and Other Cruel, Inhumane 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,

JDF’s Comment to this part
A view that “the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families” should not be referred to was expressed by some of members of the Working Group. As the Convention on rights of migrants has also entered into force, it should be referred to together with other effective international human rights conventions and covenants. (See Footnote 2)

Original Text of the Draft
(g) Recognising further the diversity of persons with disabilities,

JDF’s Comment to this part
This paragraph is to recognize “the diversity of persons with disabilities.” In addition to these words, it is worth examining whether the terms “human diversity” prescribed in the Draft Article 2-d could be also referred to in this paragraph. In other words, whether the paragraph should read; “Recognising further the human diversity and the diversity of persons with disabilities,” or not.

However, as preconditions for such discussion, it should be clarified how the concepts of “diversity of persons with disabilities” and “human diversity” are different from each other.

Original Text of the Draft
(i) Emphasising the importance of international cooperations3 to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities,

JDF’s Comment to this part
Some members of the Working Group expressed an opinion stating that there should not be a reference to international cooperation in the Preamble. (see Footnote 3) Referring to the preamble of the Convention on the Rights of the Child (CRC), this opinion is not reasonable, and we consider it important to refer to international cooperation here. Paragraph 13 of the preamble of the CRC stipulates that “Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries.”

As a similar stipulation to the paragraph 13 of the preamble of the CRC, an alternative formulation was proposed in the Working Group stating “Recognising the importance of international cooperation for improving the living conditions of persons with disabilities in every country, in particular in the developing countries.” (See Footnote 4 of the Draft)

It should be further considered to decide on any one of the following three options: 1) to maintain the current Preamble i) as in the Draft; 2) to adopt the alternative as stated in Footnote 4 in the Draft; or 3) to stipulate the both.

In the light of the purposes of this Convention on Rights of Persons with Disabilities, we consider it more appropriate to maintain the current i) than 2), i.e. adopting the alternative. Yet, it could also be appropriate to decide on 3), i.e. to stipulate the both. That is;

“Emphasising the importance of international cooperation to promote the full enjoyment of human rights and fundamental freedoms of persons with disabilities as well as to improve the living conditions of persons with disabilities in every country, in particular in the developing countries.”

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

JDF’s Comment to this part

As it relates to Article 2 (a) of the Draft in terms of “self-determination,” we are not giving our comments here. (See our comment on Article 2 (a) below.

LANDMINE SURVIVORS NETWORK

PREAMBLE COMMENTS

The preamble is intended in part to explain the relationship between the Convention and prior developments in international law. This Convention focuses on the achievement of full and equal human rights of people with disabilities. In order to more comprehensively describe the fundamental shift in attitudes that are necessary for this Convention to be effective, the Preamble should 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 deprivation of human rights of people with disabilities. For a thorough example of the exploration of such concepts, the Ad Hoc Committee should reference New Zealand’s description of “disablement”. (Cf. New Zealand’s view on the Convention on the Rights of Disabled People)

Even though the preamble of a treaty is not an operative part of the treaty, the preamble provides a useful historical context and the rationale for introducing a new instrument into the body of international law. The Draft Preamble contains, in many instances, resolution-like language, with words such as “concerned”, and the Ad Hoc Committee may wish to consider the appropriateness of such language.
Draft Preamble paragraphs (a) and (b) represent standard language used in human rights conventions (Cf. International Covenant on Political and Civil Rights; Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, etc.).

Draft Preamble paragraph (c) contains language that has not been introduced in previous submissions of the draft text. The reference in this paragraph is to the Vienna Declaration (1993), paragraph 5: “All human rights are universal, indivisible and interdependent and interrelated.”

Draft Preamble (d) is consistent with principal human rights conventions in force. In addition, similar language can be found in the preamble to the Vienna Declaration (1993) and in the preamble to the UN Standard Rules.

Footnote 2 mentions the discussion during the Working Group meeting regarding the inclusion of the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families in the reference to relevant human rights documents. Taking into consideration that this is one of the core human rights treaties and has entered into force, it is unclear why this specific treaty would not be mentioned.

Paragraph (e) references the UN Standard Rules. Given that the Standard Rules summarize the message of the UN World Programme of Action, the Ad Hoc Committee may find it appropriate to include reference to the UN World Programme of Action as well.

Draft Preamble paragraph (f) refers to the principle of non-discrimination. The Committee may find it appropriate to discuss the need for this paragraph. Paragraphs (c) and (d) refer to discrimination, thus this separate paragraph would seem redundant, especially given the fact that this is a comprehensive, not only an anti-discrimination Convention.

The operative word in the paragraph (h), “concerned” is an example of the resolution-like language that is present throughout the Draft Preamble. The European Union’s proposal for the Convention contains similar language: “Concerned that despite these various instruments and undertakings persons with disabilities continue to face barriers to the effective enjoyment of human rights and fundamental freedoms”. It would be helpful for the Committee to consider changing this word to “recognizing” for the sake of consistency with other human rights Conventions.

Paragraph (i) is especially important, because it affirms the principle of international cooperation. Footnote 4 considers alternative language, which places an emphasis on developing countries in the context of international cooperation. Even though this language stems from the Convention on the Rights of the Child, it is important to realize the comprehensive nature of international cooperation necessary for the effective implementation of the Convention (ie. not only north to south based cooperation). Thus, reference to global cooperation is sufficient for the purposes of this Convention. (Cf. Vienna Declaration Paragraph 20 and 25)

Paragraph (j) emphasizes the ongoing efforts of people with disabilities and their organizations, as well as linking the promotion of human rights of people with disabilities with other objectives, notably development. The Vienna Declaration contains reference to language of human rights and development. The reference is to past and potential future contributions of persons with disabilities and their organizations to the cause. However, because of language implying future efforts, the paragraph should read “of persons with disabilities,” not “made by.”

One of the functions of the preamble is to preliminarily identify principles and objectives of the Convention. The language in the paragraph (k) fulfills that function by referring to the “individual autonomy” and “independence” of people with disabilities. The Committee may also wish to consider including language of self-determination/autonomy expressed in the Vienna Declaration.

Paragraph (l) contains language referring to the importance of participation of people with disabilities in decision-making processes. It is noteworthy that this is a weaker formulation than that used in the Vienna Declaration, which uses the word “essential.”

Footnote 5, which cites to Footnotes 101, 102, and 103, expresses the debate in the Working Group regarding the importance and feasibility of including this language, as some members were concerned with the difficulties of defining terms included. However, this language is important as it recognizes the existence of aggravated discrimination facing these disadvantaged groups in society. Again, the Committee may wish to reconsider usage of the word “concerned,” as it is more resolution, rather than Convention language.

The Draft paragraph (n) invokes a gender perspective. This is a very important reference to women and is consistent with the resolutions of the Committee on Human Rights. In addition to gender, the Committee may also consider including reference to ethnic and racial minorities.

Draft paragraph (o) refers to poverty. This is also very important language, though it may be adequately covered in paragraph (j), as it appears repetitive.

Draft paragraph (q) reflects the major target areas for equal participation set forth in the UN Standard Rules, Rules 5-12. The Committee may consider using a stronger phrase than “important,” because the concept of accessibility is one of the fundamental principles of the paradigmatic shift in the perception of disability in society.

Draft paragraph (r) fulfills one of the functions of the preamble, which is to reaffirm the need for the Convention, and in this case, it emphasizes the comprehensive nature of the Convention. (Cf. Convention on the Rights of the Child; Convention on the Protection of the Rights of Migrant Workers and Members of Their Families).

PHYSICAL DISABILITY COUNCIL OF AUSTRALIA

The document preamble

PDCA is pleased to note that the preamble does make reference to diversity in g) and also specifically to race, colour, language, religion, national or social origin .m)

We strongly believe that a Disability Convention must reflect the cultural diversity that exists in the world if it is to have any use or impact for all people with disability.

If cultural diversity is not incorporated into this Convention right from the beginning of the process, then people with disability from culturally diverse backgrounds will at best only receive partial protection from the Convention.