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Comments on the draft text
Draft Article 5: Promotion of positive attitudes to persons with disabilities

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Article 5: Promotion of positive attitudes to persons with disabilities

NGOs

European Disability Forum

The change in attitudes and the combating of mental and attitudinal barriers is a key element to contribute to the human rights of disabled people. As such, it is a cross-cutting issue which affects all areas of life. It might be considered to move this article to a different part of the Convention, in a section on supporting measures.

EDF proposes to add a specific paragraph on measures addressed to families of children with disabilities.

Finally, some reflection should be given to the wording “positive attitudes”, as this might continue to lead to stereotyping. Awareness raising measures on the rights of persons with disabilities might be a more appropriate phrasing.

Indian NGO Consultative Meeting

In point 2- b), the list of people who should be made aware should be broadened. The modified text in point b) should be read as “promoting awareness, including in all children, from an early age and at all levels of the education system, including administrators, services providers, media, opinion makers, legislatures and community at large to foster an attitude of respect for the rights of persons with disabilities;”

Landmine Survivors Network

This article includes important concepts related to awareness-raising, in recognition of the fact that the process of stereotyping fuels both the development and application of discriminatory practices. This article may have greater impact if addressed later in the treaty, for example in a section addressing supporting measures. (Cf. International Convention to Combat Desertification, Article 19) In addition, the Ad Hoc Committee may wish to re-examine the title of this article in light of concerns (raised by delegates to the Americas regional consultative conference - Quito, Ecuador, 9-11 April, 2003) about the use of the word “positive.” In some instances, “positive” portrayals of people with disabilities may not be accurate, and may inadvertently contribute to societal stereotypes. An alternative title could be “Stereotyping of Groups,” or “Awareness-Raising Measures.”

Draft Article 5(1)(c) provides an alternative formulation for “positive,” and is reflective of the UN Standard Rules provisions on awareness-raising, emphasising the need for awareness of people with disabilities as capable and contributing members of society. (Cf. UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities, para. 4 and Rule 1)

Draft Article 5(2)(a) promotes public awareness campaigns “designed to nurture receptiveness to the rights of persons with disabilities.” Rather than “receptiveness,” the Ad Hoc Committee may wish to consider the use of the more positive word “respect.”

Draft Article 5(2)(b) also relates to awareness-raising, but it encompasses specific issues related to educational settings, curricula, and teacher training. It therefore seems appropriate to keep this as a separate sub-provision.

Draft Article 5(2)(c) refers to “encouraging” the media. Given the influential role of the media in most societies, “promoting” may be the more appropriate verb.

Draft Article 5(2)(d) echoes Draft Article 4(2) in its focus on partnership with persons with disabilities and their representative organizations with regard to implementation of the article. In further elaborating this concept the Ad Hoc Committee may find useful the discussion of the “role of organizations of persons with disabilities” in the UN Standard Rules. (Cf. UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities, Rules 1 and 18(3)).

Physical Disability Council of Australia Ltd

PDCA believes that the implementation of this Draft Article will go some way towards addressing the discrimination currently experienced by people with disability.
However, it is our experience that for community education to produce meaningful outcomes, it is important that it is culturally appropriate for the community that is being targeted. We recommend that 1) be redrafted to read:
…States Parties undertake to adopt immediate, effective and culturally appropriate measures to…

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