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Back to: Third Session | Draft Article 18 Comments on the draft text Download complete compilation of comments: MS Word
National Human Rights Institutions Ontario Human Rights Commission The Commission is supportive of this draft Article. In 2000, the Commission reached a settlement in cases where two individuals with visual disabilities filed complaints against the City of Ottawa alleging they were unable to cast a secret ballot independently as required by law during the 1997 municipal elections because the City could not accommodate their needs. The City agreed to review its practices and ensure accessibility for future elections. The right to vote, by secret ballot, and to stand for elections has to be explicitly guaranteed. The article has to make clear that it covers persons with all types of communication disabilities. The article should also refer to accessible information and election materials and ensure the full participation of disabled people in all stages of the electoral process. This article should refer specifically to the freedom of association
of disabled people. EDF supports the proposed article (23.2) included
in the Bangkok draft, which states that : (i) recognize the right of persons with disabilities, their family members
and supporters to form independent organisations for representation and
self help; and Draft Article 18 provides coverage of well-established rights of participation in political and public life (Cf. International Covenant on Civil and Political Rights, Article 25) and highlights, therefore, a fundamental right to which people with disabilities are frequently denied, not only in the voting context, but in a wide range of decision-making processes where their interests are affected. This provision is in keeping with recent developments in international human rights law in the context of participation in decision-making for particularly disadvantaged groups. (Cf. Convention on the Rights of the Child, Article 12; ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, Articles 6 & 7). Draft Article 18 sets forth in three sub-paragraphs obligations that States are to undertake in relation to voting and holding public office, participation in political organization and, more generally, decision-making in which their interests are affected. While a level of specificity in relation to access to voting in particular is included in sub-paragraph a, the same degree of specificity is not provided in relation to other decision-making processes. The prevailing practice in relation to ensuring the participation of marginalized groups in society is to provide a level of detail that exposes and addresses potential barriers to the realization of rights of participation. In this regard, the Ad Hoc Committee may wish to pay particular attention to ILO Convention, as noted in Footnote 65. (Cf. ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, Articles 6 & 7). In particular, attention should be given to the participation of people with disabilities and their representative organizations in development decision-making at all levels. Notably absent, but covered in other human rights treaties, is the explicit recognition of the rights to represent government at the international level and to participate in the work on international organizations, (to which one could also add regional organizations.) (Cf. Convention on the Elimination of All Forms of Discrimination against Women, Article 8.) Under para (a), it must be clear spelled out in a separate para that access to secret voting and the right to stand for election are fundamental rights. Widen the focus so that it covers every kind of communication disabilities (blind, deaf, blind-deaf, learning disability, dyslexia, physical etc). It is also important to underline the need of access to all kinds of information and election materials. There is a need to spell out the States obligation to improve accessibility in all areas. World Network of Users and Survivors of Psychiatry (a) WNUSP urges the addition of the term “by guaranteeing” in paragraph (a), to ensure that the right of universal suffrage is protected for all people with disabilities. In many countries, this right is still deprived by law, and correction is imperative. See ICCPR article 25, and also the Mexican proposal of elements for a convention, article 11, which would require states to “guarantee exercise of the right to universal and secret suffrage of all persons with disabilities.” |