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Background Documents | Preamble Background
Seventh
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Working Group
Preamble
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, 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,2
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 also that discrimination against any person on the basis of disability
is a violation of the inherent dignity of the human person,
g. Recognising further 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,
i. Emphasising the importance of international cooperation3
to promote the full enjoyment of human rights and fundamental freedoms of persons
with disabilities,4
j. Emphasising 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 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. 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,5
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,
o. Mindful of the need to alleviate the negative impact of poverty on the conditions
of persons with disabilities,6
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,
Hereby agree as follows:
Footnotes:
2: Some members of the Working Group considered
that there should not be a reference to the Migrant Workers Convention on the
grounds that it did not have the same status as the other International Covenants
and Conventions listed. Other members pointed out that the Convention had entered
into force and should therefore be listed.
3: Some members of the Working Group considered
that there should not be a reference to international cooperation in the Preamble,
or that it should be subject to final agreement on whether the issue of international
cooperation should be addressed in the Convention, and if so where it should
be included. A more extensive summary of the discussion on this issue is given
in annex 2 to the present report.
4: The following alternative formulation
was also proposed for consideration: "Recognising the importance of international
cooperation for improving the living conditions of persons with disabilities
in every country, in particular in the developing countries".
5: See the footnotes to paragraph 1(c) of
draft Article 23 on social security and an adequate standard of living.
6: Some members of the Working Group had
reservations about the wording of this paragraph.