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Ad Hoc Committee Documents

Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities
New York, 16-27 June 2003

NGO contributions to the elements of a convention^[1]

NATURE OF THE CONVENTION

DPI

We demand a specific international human rights convention that is reflective of the full range of civil, political, economic, social and cultural rights.

DPI supports the position that in order for this divide to be effectively bridged, a specific international human rights Convention for disabled people must be elaborated. Furthermore, DPI believes that this Convention must be based in, and draw from, existing human rights norms and standards and address in concrete terms the economic, social, political and cultural circumstances that adversely impact the human rights condition of disabled people. In addition, the new convention should not be limited to an anti-discrimination framework. DPI fully supports the adoption and implementation of non-discrimination legislation at the domestic level, and non-discrimination and equality of opportunity must be intrinsic components of any human rights convention for disabled people. Yet there must be scope for the full elaboration of human rights in the context of disability if the international human rights framework is to effectively incorporate the disability perspective.

STRUCTURE

DPI Japan

Part I General Provisions

Part II Civil Freedoms of persons with disabilities

Chapter 1 Freedom from Discrimination

Section 1 Local Community life

Section 2 Movement

Section 3 Housing and Access to buildings

Section 4 Use and Access to Goods and Services

Section 5 Information and Communication

Section 6 Education

Section 7 Work

Chapter II Freedom from Ill Treatment

Part III Social, Economic and Cultural Rights of persons with disabilities

Part IV Duty of State Parties

Part V International Measures for Implementation

Part VI International Cooperation

Part VII The Committee on the Elimination of All Forms of Discrimination against persons with disabilities

PREAMBLE

WNUSP

Preamble

WNUSP is concerned about the naming of instruments containing outdated or paternalistic norms, which might cause confusion in the interpretation of this convention. The World Programme of Action on Disability and the Standard Rules, as well as the Inter-American Convention on Disability and relevant ILO conventions, should be recognized as antecedents of this human rights convention on the rights of people with disabilities.

STATEMENT OF PRINCIPLES AND OBJECTIVES

DPI Japan

Article 1 Purposes of the Convention

(1) The Convention aims at, the abolition of all forms of discrimination against persons with disabilities in civil, economical, political, cultural domains.
(2) To that end, the Convention shall focus on persons with disabilities, classify in detail their civil, political, economical, and cultural rights, clarify the contents of each of these rights, and guarantee them.
(3) The Convention shall make blatantly clear the obligations to be implemented by the society, so as to integrate persons with disabilities within it.
(4) Respecting the right to development, international cooperation shall be promoted in order to achieve the purposes of this Convention.

European Disability Forum

EDF strongly supports the following recommendations made by the disability caucus which met throughout the first Ad Hoc Committee meeting in July-August 2002^[2] in New York:

"Ensure that a Convention emphasizes that human values of dignity, autonomy, equality, and social solidarity are fully respected with regard to persons with disabilities. It must condemn unequal treatment and discrimination in all their forms against persons with disabilities. A Convention should secure the mainstreaming of disability into existing international human rights instruments.

Explicit validation that the rights and protections provided by the six core human rights treaties apply, without limitation, to all persons with disabilities and that any subsequent Convention contains specific reference to these existing norms.

A Convention must respect the broad diversity of the population of persons with disabilities, so that it is of equal relevance and value, irrespective of impairment type and geographic location.

Standards of protection for persons with disabilities must be equal to or exceed existing human rights standards. A Convention must have precedence over other U.N. instruments pertaining to disability that were developed earlier and that may have outdated or conflicting concepts or weaker provisions."

The Convention should also clearly state that no national or international legal instrument, provision of declarations or conventions or part of any such provision or any other legal text should be interpreted in a restrictive sense or in any other way that places persons with disabilities at a disadvantage in any context or offer them less protection than other persons.

Other principles on which the Convention should be based are those of integrity, liberty, social justice, self-determination and self-representation.

Inclusion International

Key human rights principles to be included in a Convention

       Principle of autonomy and self-determination (as far as persons with intellectual disability are concerned that means to abolish paternalistic guardianship laws).

       Principle of diversity

       Principle of full citizenship

       Principle of social inclusion

World Blind Union

We at the World Blind Union urge governments, working within the context of the process to develop a Convention on the rights of people with disabilities, to ensure that the following fundamental principles are incorporated into the Convention. This will ensure that the world's blind, partially sighted and deafblind people, and other groups of disabled people have:

       The basic right to full inclusion as equal citizens in society

       The autonomy for blind and partially sighted people to lead full and independent lives and achieve their full economic, social, cultural, civil and political potential.

Right to Full Participation

This includes:

       The right to stand as candidates in elections

       The right to join political parties and social organisations

       The right to work as paid officials in public administration

       The right to participate in all aspects of the life of the community on a basis of equality with other citizens.

Right of blind and partially sighted people to take control of their own lives

This includes:

       The right to choose whether to marry, to form relationships or to raise a family

       The right to own property

       The right to run a business

       The right and the facilities for blind and partially sighted people to control their own financial affairs and operate a bank account in their own name, ( Notes and coins should be designed so that they are easy to distinguish for people with a visual impairment)

       The provision of personal support to enable blind and partially sighted people to lead independent lives.

       The right to self determination

       The right to self-representation

Right to Dignity, Tolerance and Inclusion

This includes:

       The right to accurate portrayal by the media of the circumstances of people with disabilities, as well as of their rights as equal and participating citizens of communities and families

       The obligation for the general public to receive awareness training on the rights of persons with disabilities under the law and specifically on the needs and concerns of blind and partially sighted people.

       The obligation for employers to organise systematic training for their staff on the rights established through this UN Convention

Right to Life:

This includes:
The prohibition of compulsory abortion at the instance of the State, based on the pre-natal diagnosis of a disability.

WNUSP

Principles

While the convention must deal with the obligations of states as well as necessary social and systemic changes, the focal point must be the rights of people with disabilities and their exercise under conditions of equality, self-determination (in the sense of making one's own decisions) and social solidarity.

Basic Articles: Overarching Provisions

The Convention should ensure that it supersedes outdated instruments, by means of a paragraph such as the following (which was included in the document "What Rights Should the Treaty Contain?" that was developed at the Expert Group Meeting in Mexico City):

Any international or national legal provision and/or administrative arrangement or decision in contravention with or derogation of the provisions of this convention shall be deemed void ab initio.

DEFINITIONS

DPI Japan

Article 2 Definition of 'disability'

For the purposes of this Convention, 'disability' shall mean any difficulty experienced, due to a social environment requiring some degree of ability and specific skills, without taking into account individual particularities related to, inter alia, injury or sickness.

Article 3 Definition of 'persons with disabilities'

          (1) For the purposes of this Convention, 'persons with disabilities' shall mean persons who are in such a situation, that they experience, or might experience, difficulties in living, due to a long-term, temporary or future disabilities. 'Person with disabilities' shall mean people in such a situation that they are disadvantaged if compared to persons without disabilities, unless the environment undergoes adaptation measures to their disabilities.

          (2) For the purposes of this Convention, 'persons with disabilities' shall mean persons having in the past experienced a 'disability' as defined at paragraph 1, or considered as experiencing a 'disability'.

Article 4 Definition of 'discrimination against persons with disabilities'

          (1) For the purposes of this Convention, 'discrimination against persons with disabilities' shall mean situations, in a political, economical, social, cultural or any other context related to living conditions, and in which, persons' right to equal access to social life is either denied or limited, because of their physical or psychological particularities.

          (2) 'Unintentional discrimination' is considered as 'discrimination' as defined in alinea 1.

For the purposes of this Convention, 'unintentional discrimination' shall mean situations in which, due to ignorance, incomprehension or prejudice against persons with disabilities, administrative services, public or private association, or individual denies actual violations of the rights of persons with disabilities, or, in which the specific needs related to a disability is not given adequate consideration, and as result persons with disabilities are disadvantaged or suffers ill-treatment.

Article 5 Definition of 'ill-treatment'

Are constitutive of an 'ill-treatment', abuse, neglect and economic exploitation. Abuse includes physical, sexual and psychological abuse. Neglect includes care-neglect and medical neglect.

          (1) For the purposes of the Convention, 'physical abuse' shall mean use of material force, injury or confinement.

          (2) For the purposes of the Convention, 'sexual abuse' shall mean any sexual contact or behaviour either against the will of a capable person, or towards an uncapable person, regardless of its will.

          (3) For the purposes of the Convention, 'psychological abuse' shall mean all behaviour that does not match to alinea 1 and 2 and such as teasing, oppressive, insulting or any such behaviour.

          (4) For the purposes of the Convention, 'care-neglect' shall mean failure by the person who is in charge, according to a legislation, a contract or an administrative measure, of the care of a person with disabilities, to provide that person with the care needed by any person with disabilities or by him as an individual case.

          (5) For the purposes of the Convention, 'medical neglect' shall mean failure by the person who is in charge, according to a legislation, a contract or an administrative measure, of the medical care of a person with disabilities, to provide adequate medical treatment or opportunity of such a treatment to that person.

          (6) Economic exploitation: For the purposes of the Convention, 'economic exploitation' shall mean either, use, acquisition or release of the assets of a person with disabilities for purposes other than its well-being; non payment of the salary of a person with disabilities for its effective work; or enforcing an person with disabilities to accomplish tasks that are not assumed by any legal contract.

European Disability Forum

Definition of disability

The definition of disability is a very complex issue and should not become an excuse for inaction. We therefore suggest not to deal with this issue at an early stage of the process. The new WHO classification International Classification of Functioning (ICF) is not a legal definition of disability and therefore not appropriate for a legal instrument.

EDF considers it as very important that:

- the prohibition of discrimination should cover all persons with disabilities, with significant impairments, irrespective of the level of severity.
- for a person to be considered disabled, the person has to view him or herself as a person with a disability.
- the diversity of the disability population must be acknowledged.
- the parents, spouses and siblings of persons with disabilities, in particular of disabled children and persons with disabilities unable to represent themselves, must also be protected by the Convention.

Definition of discrimination

The definition of discrimination to be included in the Convention should broadly reflect the definition of discrimination used in the EC Directive on equal treatment in the workplace

^[3]. Direct discrimination, indirect discrimination and harassment need to be considered as forms of discrimination. Moreover, it is vital to ensure that the failure to provide reasonable accommodation, has to be considered as a form of discrimination.

The definition of discrimination of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities might also provide some elements for the definition of discrimination. It states:

"The term "discrimination against persons with disabilities" means any distinction or restriction based on disability, record of disability, condition resulting from a previous disability, or perception of disability, whether present or past, which has the effect or objective of impairing or nullifying the recognition, enjoyment, or exercise by a person with a disability of his or her human rights and fundamental freedoms."

Positive action aiming to ensure real equal opportunities for disabled people should in no way be considered discrimination against non disabled people and should therefore be allowed and promoted.

Definition of equal opportunities

A definition of equal opportunities needs also to be included in the Convention. Any such definition should be based on the definition included in the UN Standard Rules.

The right for disabled people and their families, particularly in the case of people with complex dependency needs, to obtain the adequate governmental support (financial and in terms of assistive devices, services and time) is a key element to really ensure full access to all human rights.

World Blind Union

Taking inspiration from the broad definition of disability introduced by the Mexican government's delegation in its proposal to the Ad Hoc Committee, the World Blind Union proposes the following definition:

" A physical, psychiatric, intellectual, or sensory impairment, (whether permanent or temporary, provided that it lasts for a significant period of time), that limits the capacity to perform one or more essential activities of daily life, and which can be caused or aggravated by the economic and social environment."

WNUSP

Basic Articles: Who is covered

It is important to characterize this as a human rights and non-discrimination convention, and thus to protect everyone from discrimination on the basis of disability. It is important to define discrimination on the basis of disability for that reason. Based on the definitions in the Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, and the contributions made by participants in the Quito seminar, we propose the following the definition:

Discrimination against persons with disabilities

The term "discrimination against persons with disabilities" means any distinction, exclusion, or restriction based on disability, record of disability, condition resulting from a previous disability, or perception of disability, whether present or past, which has the effect or objective of impairing or nullifying the recognition, enjoyment, or exercise � in conditions of equality � by a person with a disability of his or her human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Failure to eliminate environmental and attitudinal barriers or establishment of new barriers which impair access to desired services and full participation in the activities of civil, cultural, economic, political and social life also constitutes discrimination.

Anyone subjected to discrimination as defined in a or b above shall have recourse to remedies under this Convention.

Our primary concern about such a definition is that all people with disabilities, and all forms of disability, be covered. It would also be desirable to obtain a definition that is comfortable both for people with disabilities who identify with medical terminology and diagnosis, and for those who reject medical terminology and identify with disability as a social and political category only.

It is also important that any definition of disability not give rise to extensive litigation, for example by naming the extent of functional limitation that constitutes disability.

GENERAL OBLIGATIONS

DPI Japan

Part IV Duty of State Parties (Domestic Cooperation)

1. In order to abolish all forms of discrimination imposed upon persons with disabilities, State Parties have the duty to immediately implement the rights stated in Part II (Civil freedoms of people with disabilities) of the Convention.
To that end, after ratifying this convention, State Parties may not enact such statutes that would have an effect such as imposing restriction of activities on the ground of disabilities, imposing restriction of obtaining qualifications, and imposing restriction of use and participation. In addition, effective measures need to be taken to amend, abolish or void current statutes in effect.

2. In order for persons with disabilities to achieve an average-standard life of persons without disabilities in a political, economical, social cultural or any other context related to living conditions, State Parties shall take measures to implement these rights stated in Part III (Social, Economic and Cultural Rights of persons with disabilities) to the fullest extent possible within the State's legislation and other available methods within the State.
Furthermore, active improvement measures that are favorable with the objectives to guarantee the rights of freedom and equality of persons with disabilities are not regarded as discrimination during the period which the objective is being met.

3. State Parties shall survey the status of rights regarding this convention, examine the contents of I mplementation measures carried out by the State Parties concerned, additionally expressing their opinions to the State Parties concerned, and establish a domestic monitoring committee to promote this convention.
State Parties shall allow participation of persons with disabilities concerned at all levels of this organization.

GUARANTEE OF EQUALITY AND NON-DISCRIMINATION

DPI Japan

Chapter 1 Freedom from discrimination

Persons with disabilities shall be free of all forms of discrimination

Section 1 Local community life

Right to local community life

Persons with disabilities, whatever the kind and the degree of their disabilities, have the right to live within their local community without being discriminated.

Prohibition of discrimination related to community life

Discrimination of persons with disabilities concerning their right to (local) community life, must be understood as any situation in which persons with disabilities are given a treatment different from the one given to persons without disabilities, and is prohibited. The following situations shall particularly be considered as such discrimination.

(1) To force a person with disabilities, against its will, to live in a home for persons with disabilities.

(2) To refuse tenants with disabilities in public or private residences, on the ground of their disabilities.

(3) To refuse participants with disabilities in social activities, on the ground of their disabilities.

(4) To restrict the right of persons with disabilities to date, to marriage, to childbirth and or to child care, on the ground of their disabilities.

(5) To restrict and or deny the right of persons with disabilities as parents.

Section 2 Movement

1. Right to freedom of movement

Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights to freedom of movement as people without disabilities.

2. Prohibition of discrimination related to movement

'Discrimination related to movement' shall mean situations in which persons with disabilities are treated differently from persons without disabilities, and is prohibited. The following situations shall particularly be considered as such discrimination.

(1) Design, architecture, and or operations that interfere with the free movement and or access of persons with disabilities to the facilities listed below,
- roads and pavement,
- public transportation facilities such as train stations, bus terminals, airports, harbours, railways, buses, taxis, aircraft, shipping.

(2) Restrictions upon and denial of free movement and access of persons with disabilities to transport facilities, on the ground of their disabilities.

(3) Organization of transportation paths and devices for persons with disabilities, against their will.

Section 3 Housing and access to buildings

1. Rights as to housing and access to buildings

Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights as persons without disabilities in use and residence of housing and buildings without suffering discrimination based on their disabilities. For the purposes of the Convention, 'buildings' shall mean any building, whether public or private.

2. Prohibition of discrimination as to housing and access to buildings

'Discrimination against persons with disabilities as to housing and access to buildings' shall mean situations in which persons with disabilities, regardless of their identity or their number, experience differential treatment compared to persons without disabilities, and shall be prohibited. For the purposes of the Convention, 'differential treatment' shall mean the following situations.

(1) Restriction or refusal of rent, sale, use and, or residence to persons with disabilities, on the ground of their disabilities.

(2) Organization of particular paths and devices for their use by persons with disabilities. When the building is located within a larger propriety, this shall apply to passages located within the propriety that connect the building to the external environment.

Section 4 Use and Access to Goods and Services

1. Right to Use and Access to Goods and Services

Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights as persons without disabilities to use and access to any goods, services and programs, such as commercial products, public installations and facilities, advantages, commercial and service trade, and shall not be discriminated on the ground of their disabilities.

2. Prohibition of Discrimination as to Use and Access to Goods and Services

For the purposes of the Convention, 'discrimination against persons with disabilities as to use and access to goods and services' shall mean situations in which persons with disabilities, regardless of their identity or their number, experience differential treatment compared to persons without disabilities, and shall be prohibited.

For the purposes of the Convention, 'differential treatment' shall mean such situations as follows.

(1) Restrictions or denial of use and access to goods and services, on the ground of their disabilities.

(2) Specific conditions of use and access against the will of persons with disabilities, and

(3) Restrictions or denial of use and access to services and programs, on the ground of their disabilities.

Section 5 Information and Communication

1. Rights to Information and Communication

(1) Persons with disabilities have the right to use and access by all means to all kinds of information, and the right to express.

(2) Persons with disabilities, have the right to require State parties and local governments to take measures to guarantee their rights to use the devices listed at Part I General Provisions, article 7.

2. Prohibition of Discrimination as to the Rights to Information and Communication

Any attempt to restrict the rights of persons with disabilities mentioned at paragraph 1 alinea 1 and 2 on the ground of their disabilities, or any negligence to guarantee these rights shall be considered as discrimination against persons with disabilities as to these rights, and is prohibited.

Section 6 Education

1. Right to Education

(1) Persons with disabilities, at every stage of their life, have the right to be integrated to the education of the persons without disabilities of their age. Notwithstanding, children with hearing impairment have the right to receive education in group through sign language.

(2) Persons with disabilities, at every stage of their life, have the right to individual support in receiving education as described at alinea 1.

(3) Persons with disabilities and their representatives have the right to take part in the designing of, to receive information on and to make opposition to their individual support program.

2. Prohibition of Discrimination in Education

For the purposes of the Convention, 'discrimination against persons with disabilities as to education' shall mean such situations as follows.

(1) Educational policies that, as a general rule, do not provide persons with disabilities with the opportunity to receive an education integrated to that of persons without disabilities.

(2) Educational policies as described in alinea (1) that do not provide for education through sign language in schools designed for children with hearing-impairment.

(3) Educational policies as described in alinea (1) that do not provide for the necessary individual support to persons with disabilities.

(4) Shortage of information about the facilities and the support needed to receive the education demanded for by persons with disabilities and their representatives.

Section 7 Work

1. Right to Work

(1) Persons with disabilities have the right to work in any domains within the society, and shall not endure any discriminatory treatment.

(2) Persons with disabilities have the right to be provided for the support necessary to its engagement and to the sustainability of their job, such as adjustments in the working environment and human assistance.

2. Prohibition of Discrimination as to Employment

For the purposes of the Convention, 'discrimination against persons with disabilities as to work' shall mean situations as follows, and shall be prohibited.

(1) A refusal of appointment or a dismissal of a person with disabilities, on the grounds of its disabilities.

(2) Disadvantageous treatment of persons with disabilities, regarding working conditions or environment, such as employment, salary, and promotion, on the sole ground of their disabilities,

(3) Non-revision of discriminatory provisions that are obstacles to the employment of persons with disabilities, such as provisions limiting access to specific qualifications or providing for the non-application of minimum on the ground of disabilities.

(4) Lack of public services necessary for persons with disabilities to choose a vocation that corresponds to their wishes and needs, such as job assistance facilities and support to maintain their job.

8. Medical Treatment and Rehabilitation

1. Right to Medical Treatment and Rehabilitation

(1) Persons with disabilities have the right to receive medical treatment and rehabilitation (hereafter stated as "medical treatment") that they wish to receive in order to maintain their mental and physical conditions in accordance with their own will and to achieve their desired daily life and participation in the society.

(2) To have the right to refuse unwanted medical treatment.

2. Prohibition against Discrimination of Medical Treatment

For the purposes of the convention, discrimination against persons with disabilities shall mean situations as follows, and shall be prohibited.

(1) The denial of the existence of persons with disabilities, and give wrongful medical treatment that would harm the dignity as an individual, and placement into an isolated environment by force under the name of medical treatment.

(2) Neglect of inadequate medical environments by setting disparity from other medical departments such as the number of medical personnel in mental health services.

9. Birth

1. Right to Birth

(1) Persons with disabilities have the right not to be discriminated in birth.

(2) Unborn children with any form of disabilities at pregnancy or birth have the right to live.

2. Prohibition against Discrimination in Birth

(1) No person shall be forcibly subjected to medical treatment of inspection with the purpose of eliminating a disability at pregnancy.

(2) No person shall abort the pregnancy of an unborn child on the basis of a disability.

10. Sexuality

1. Right to Sexuality

Persons with disabilities, regardless of its nature and seriousness, have the right to be respected as an individual with sexuality in the same way as people without disabilities, and the right not to be restricted or forced in any romantic or sexual relationships, and the right to pregnancy and giving birth.

2. Prohibition of Discrimination against Sexuality

Discrimination regarding sexuality of persons with disabilities shall mean situations where the rights alinea 1 are denied or experience situations as follows.

(1) Restriction or force in sexual relationships on the ground of their disabilities.

(2) Forced to contraception or abortion, and denied the opportunity to give birth to a child on the ground of their disabilities.

(3) Deprivation of means of reproductive functions by carrying out operations such as hysterectomy and sterilization on the ground of their disabilities.

11. Political Participation

1. Right to Political Participation

Persons with disabilities, regardless of its nature and seriousness, have the right to political participation in the same way as people without disabilities, without any discrimination based on disabilities.

2. Prohibition against Discrimination in Political Participation

Discrimination against persons with disabilities in political participation shall mean different treatment from people without disabilities, regardless of the identification or the number of the participants, and is prohibited.

Discrimination regarding political participation shall mean treatment as follows.

(1)Restriction or loss of opportunity to cast a vote on the ground of their disabilities.

(2)Violation of secrecy of ballot on the ground of their disabilities.

(3)Given the possibility to vote only in a special method or place against the will of persons with disabilities based on the ground of their disabilities.

(4) Denial of equitable provision of, or deprivation of the right to know substantial information regarding the ballot, on the ground of their disabilities.

(5) Virtual limitation or denial of eligibility of ballot and accompanying political activities, on the ground of their disabilities.

(6) Limitation or denial of opportunity to state or propose as a citizen of a member of the State Parties, on the ground of their disabilities.

(7) Limitation or rejection of employment concerning State Parties, on the ground of their disabilities.

(8) Virtual limitation or denial of activities as an assemblyman, on the ground of their disabilities.

(9) Denial of equitable provision of information concerning State Parties, on the ground of their disabilities.

12. Judicial Procedure

1. Right to Judicial Procedure

Persons with disabilities, regardless of its nature and seriousness, have the right to judicial procedures guaranteed under Constitution, statutes and legislations of the State Parties in the same way as people without disabilities, without any discrimination based on disabilities.
For the purposes of the Convention, guaranteed in the same way shall mean receiving all general accommodation needed to remove any virtual disadvantages, on the ground of their disabilities.
Persons with disabilities have the right to claim the discharge in the duty of general accommodation should their right in alinea be violated.

2. Prohibition against Discrimination in Judicial Procedure

Discrimination against persons with disabilities in judicial procedure shall mean that judicial institutions fail to provide general accommodation as exemplified below, or persons with disabilities are restricted of their inherent rights which should maintain their own rights as exemplified below, and is prohibited.

(1) For the purposes of the convention, elements that need to be accommodated by judicial institutions are as follows.

1) Documents that are needed for procedures and method of communication akin to this need to be in a format that is available for use in Braille or is transliterated.

2) Those that are in speech format need to be in a format that is available for use by transformation into written language or translation into sign language.

3) Those that are in image or picture format need to be in a recognizable by sound or touch.

4) Written material need to be written in plain language and style so that it may be understood without difficulty.

5) The structure of buildings needs to be remodeled, such that it will not cause inconvenience for persons with disabilities.

6) Hearings, investigation, questioning with persons with disabilities need to be carried out with a means, method and form that will take into consideration the characteristic of the persons' disability.

(2) Rights particular to judicial procedures for persons with disabilities

Persons with disabilities have a particular right to use necessary means, auxiliary apparatus, and assistants other than a legal expert in all levels of judicial procedures, and will not be restricted under any circumstances (including attendance. The same applies for the following) for their use.

GUARANTEES OF SPECIFIC RIGHTS

DPI

The following list is by no means exhaustive, but reflects (in no specific order) some of the rights addressed by existing human rights instruments that should be further elaborated if the convention is to cover the full spectrum of human rights:

Stereotyping of groups

Non-discrimination and measures to eliminate discrimination

Action to guarantee the exercise and enjoyment of rights

Participation

Accessibility

Right to life

Torture and other ill-treatment

Sexual exploitation and related abuses

Slavery, servitude and forced labor

Survivor assistance

Equality before the law

Due process protections

Peaceful assembly and association

Freedom of thought / opinion and information

Political and public life

Medical care / health / rehabilitation

Employment / social security / income maintenance

Housing

Education

Family

Culture and religion

Linguistic minorities

Recreation and sports

Nationality / freedom of movement

Refugees / internally displaced persons

DPI Japan

Article 6 Protection of the right to self-determination

Persons with disabilities have the right to be provided with the appropriate information, to make choices and to take decisions of their own - unless specific procedures are set by law - concerning their own living. Persons with disabilities have the right not to be subject to any interference, whether at their advantage or disadvantage.

Article 7 Rights concerning language and characters

(1) Sign language is an independent language and, as such, shall be recognized as one equal to phonetic languages.

(2) Persons with hearing-impairment have the right to make use of sign language whenever they feel it necessary

(3) Braille shall be recognized as one form of writing.

(4) Persons with visual disabilities have the right to make use of Braille.

Chapter II Freedom from Ill Treatment

1. Persons with disabilities have the right to be free from fear of damages to their lives, bodies, properties and spirits caused by ill treatment (abuse, neglect, economic exploitation).

2. All forms of ill treatment against persons with disabilities shall be prohibited.

3. Persons with disabilities have the right to claim judicial and administrative remedies should they receive maltreatment.

Part III Social, Economic and Cultural Rights of Persons with Disabilities

1. Purposes of the Convention

State Parties shall confirm that persons with disabilities in their own States have the right to claim measures to ensure them an average-standard life of persons without disabilities in that state in all of the following: social, economic, cultural and other aspects of life.
State Parties shall confirm that the following measures shall not violate the civil liberties or persons with disabilities described in Part II of the treaty, and that the measures shall be actively guaranteed to ensure an average-standard life of persons without disabilities in their States, and shall be implemented.
Various measures taken by State Parties lie under the principle of normalization, and shall aim for persons with disabilities to live the same lives as persons without disabilities in the same communities. Treatment in facilities needs to be an exceptional option.
In implementing the measures below State Parties shall consider the particularities of the persons' disability, and in doing so it shall not create substantial disparity among persons with different types of disabilities, and active measures to avoid disparity to arise for difference in gender, age, race and cultural background.
In designing and implementing the measures below, State Parties shall allow participation of persons with disabilities concerned at all levels.

2. Right to income security

1. Persons with disabilities have the right to receive ample income security to be able to lead an independent community life.

2. To that end, State Parties shall establish an income security system such as a pension system. In implementing the income security system, duty to support dependants shall not be considered.

3. Right to assistance security

1. Persons with disabilities have the right to receive ample assistance security to be able to lead an independent community life.

2. To that end, State Parties shall establish an assistance security system regarding necessary support in order to constitute and maintain individual lives of persons with disabilities their families in their local communities. In implementing the assistance security system, duty to support dependants shall not be considered.

3. Facilities for admittance are not considered to be part of the assistance security system. Admittance facilities are for temporal emergencies, and shall only be allowed solely for extreme exceptional occasions.

4. Right to demand measures to guarantee civil rights

1. State Parties shall implement necessary measures to guarantee each right listed in Part II, civil freedoms of people with disabilities.

2. In the implementation of measures, State Parties shall allow participation of persons concerned with disabilities at all levels.

5. Right to administrative law of remedies procedures

1. In such cases where the rights of persons with disabilities are violated, State Parties shall establish a unified or specialized organization for administrative law of remedies for persons with disabilities that would allow for remediation in a simple, rapid and low cost manner meeting the Paris Principles relating to the Status of the National Human Rights Commission, and have positive correction order rights.

2. State Parties shall allow participation of persons with disabilities concerned at all levels of this organization.

European Disability Forum

Right to employment

The article on employment would need to include the following elements, among others:

to make all legal and administrative barriers to employment unlawful. For instance, there are certain professional qualifications that require personal conditions, which exclude some persons with disabilities.

to prohibit any form of discrimination in recruitment and promotion in the workplace. This prohibition of discrimination includes the refusal to provide reasonable accommodations. The EC Directive
^[4] adopted in November 2002 provides a good model for such an article. The reversal of the burden of proof is a vital element of this EC directive and should also be reflected in the Convention.

to obligate Member States to undertake positive action measures, such as providing financial incentives and awareness raising campaigns towards employers.

Right to health

The article on the right to health would need to include the following elements, among others:

nobody should be discriminated from access to health services on the basis of their disability. This would include, among others, providing accessible written and oral information, being able to communicate through sign language, etc.

positive action measures could include disability awareness training of hospital staff and other health professionals.

Right to vote

The article on the right to vote to include the following elements, among others:

removal of all legal barriers that prevent persons with disabilities from exercising their right to vote.

measures are undertaken to ensure that all polling stations and electoral systems are made accessible to persons with disabilities

measures are undertaken to ensure that all persons with disabilities can exercise their right to a secret vote (for instance, ballots in Braille)

There are many other important elements that will need to be included in the future Convention, but EDF would like at this stage to draw the attention on the following specific issues that represent areas requiring further development.

Right to life

Current developments in population demography, ethics and medical technology present increasing challenges to the right to life for disabled people. Prenatal diagnosis aiming to prevent the birth of persons with disabilities and dangerous developments in the field of euthanasia, will require a special attention in the future UN Convention.

Women with disabilities and other disabled people facing double or multiple discrimination

Special attention needs to be given to women and girls with disabilities, as well as older people with disabilities, immigrants with disabilities and disabled people from ethnic minorities.

Persons with disabilities in institutions

One of the most striking human rights violations is that suffered by persons with disabilities confined in large residential institutions, mostly people with psychological and people with intellectual disabilities.

The UN Convention must give particular attention to this group of persons with disabilities, by establishing a timeframe by which these large residential institutions must be replaced by alternative community based services.

During this process of establishment of alternative services, the human rights of persons with disabilities in these institutions should receive special attention in the form of monitoring systems.

Accessibility as a precondition to full enjoyment of human rights

The lack of accessibility is for many persons with disabilities one of the most relevant barriers to the full exercise of their human rights. A Convention needs to both prevent new barriers and progressively eliminate existing barriers, if it really is to ensure the equal enjoyment of opportunities for persons with disabilities.

Accessibility means different things for different groups and must therefore always be understood in a comprehensive way. It includes, among others:
             - the physical accessibility to the premises.
             - access to information and communication using the disabled person's preferred means of communication in all areas of life, including in the access to justice. This would include, inter alia, sign language, Braille, subtitling.

The Convention needs to tackle these different barriers by:

             - prohibiting the establishment of any new barriers. This means that new buildings, new transport modes, new public spaces, new communications should conform to accessibility standards.
             - establishing reasonable timeframes for the elimination of existing barriers.

IDA^[5]

1) Civil and political rights;

Right to live

The lives of people with disabilities are threatened e.g. by denial of the necessities of life such as food and water, shelter, medical treatment (or conversely by the imposition of unwanted medical treatment) and eugenic threats.

Freedom from torture and inhuman and degrading treatment

Because disabled people are treated as objects they experience inhuman and degrading treatment in their everyday life, including sexual exploitation, physical violence and forced treatment. Disabled women are especially victimized.

Bodily and psychic integrity

Disabled people's right to refuse treatment is often denied and they are frequently subjects of medical experimentation.

Liberty

Disabled people's liberty rights are frequently infringed by institutionalization and exclusion. Thus, disabled people are denied the right to independent living and self-determination.

Equality

The main obstacle facing people with disabilities is discrimination not impairment. But disabled people can only enjoy full equality rights if governments adopt a structural equality approach and firmly base their policies on the principle of social inclusion.

Association

Disabled people are often prevented from forming their own organisations or joining political parties to protect their interests and are denied access to social organisations and existing political parties.

Family/privacy rights

Disabled children are often denied the right to grow up as a part of a family and disabled adults are often denied the right to marry and have and raise children. In particular, disabled women are often victims of forced sterilization and forced abortion.

Recognition as a person before the law

Persons deemed legally incapacitated are systematically denied their citizenship rights such as decisions about medical treatment, ability to sign contracts and to manage their finances. Because of the need for assistance in one area of their life disabled people are often deprived of rights in all areas of life. Because children with disabilities are devalued they are often not registered at birth and are denied a legal name and citizenship.

Freedom of expression

People with disabilities are often foreclosed from mainstream communication and thus are denied the right to freedom of thought, conscience and religion as well as freedom of speech and expression. In particular deaf persons� human rights are violated by denial or prohibition of sign language.

Vote and stand for elections

Disabled people are often denied the right to participate in democratic process by lack of access to voting and prohibition of standing as candidates for election. Blind people in particular are denied the right to secret voting. In addition institutionalized people are deemed incapable of voting.

Citizenship

People with disabilities are often denied full citizenship rights e.g. unequal treatment before the law or denial of effective legal remedies. They are often subjected to arbitrary arrest, detention or exile. Immigration laws often discriminate against people with disabilities.

Recognition of people with disabilities as a minority

Because people with disabilities are not recognized as an insular discrete minority they are foreclosed from democratic processes.

2) Economic, social and cultural rights

Traditionally attempts to recognize the economic, social and cultural rights of people with disabilities have been based on a model of charity and welfare. A convention must enshrine these rights as a basic for liberty and empowerment

Education

Most children with disabilities are denied access to any education and most who receive an education do so in inadequate and/or segregated settings. For example deaf, blind and deafblind children are denied the right to education in sign language or Braille.

Work

Most disabled persons are excluded from the workforce. The right to free choice of employment, to just and favorable conditions of work is denied among others by being relegated to sheltered workshops. In addition most disabled people do not get adequate vocational training.

Health

Most disabled people have no access to basic healthcare.

Access

Disabled people's right to freedom of movement and information is being violated through architectural, communicational and attitudinal barriers. A convention must oblige state parties to build inclusive systems.

Standard of living

The majority of disabled people live in poverty. They have no access to adequate food, clothing, housing and necessary social service such as rehabilitation. Having a disability should not mean having a lower standard of living, or having to accept unwanted services to obtain the necessities of life.

Culture

Disabled people's right to culture is often violated by being foreclosed from cultural life. In addition, elements of the culture of disabled people, such as sign language and Braille are not recognized and valued. Disabled people are stigmatized by the presentation of false images in popular culture, which creates prejudices and superstition.

3) Right to development

The IDA would welcome the application of so-called 3rd generation human rights in the Disability Convention. Since there is a strong link between poverty and disability, disabled people need to benefit without discrimination from a right to development.

World Blind Union

We at the World Blind Union urge governments, working within the context of the process to develop a Convention on the rights of people with disabilities, to ensure that the following specific rights are incorporated into the Convention. This will ensure that the world's blind, partially sighted and deafblind people, and other groups of disabled people have:

The basic right to full inclusion as equal citizens in society

The autonomy for blind and partially sighted people to lead full and independent lives and achieve their full economic, social, cultural, civil and political potential.

Right to Universal Suffrage

This includes:

The right and the facilities to vote in secret in all public elections

The right to the provision of the necessary instruments and technologies to enable blind, partially sighted and deafblind people to cast their vote independently and in secret

The right to a postal ballot in cases where restricted mobility makes it difficult to get to a polling station

The right to the provision of accessible information about political parties' and candidates' manifestos.

Right to Freedom of Association and to Form Organisations to Represent the Specific Interests of blind and partially sighted people

This includes:

The right to meet with others

The right to form independent organisations to represent the individual and collective interests of blind and partially sighted people to governments and their administrations

The right for representative organisations of blind and partially sighted people to be consulted by governments on all legislation, policies and strategies and to sit on any relevant government bodies.

Right to Judicial Equality and Protection

This includes:

The right to protection from all violence, torture, inhumane or degrading treatment or punishment at the hands of the law or institutions of the state. Blind and partially sighted people, and people with disabilities in general, are especially vulnerable to such abuse.

The right to the same legal protection for disabled children, old people, refugees, asylum seekers, and other displaced, nomadic, indigenous or transient people as that given to other citizens without disabilities

The right to the provision of legal documents in a format accessible to blind and partially sighted people such as Braille, audio, large print and electronic text) in a timely manner and without any additional cost

The right to legal proceedings and treatment in prison, free from all forms of discrimination

The right to victims' protection and compensation that is sensitive to the special circumstances arising from being blind or partially sighted

The right to the opportunity to be a practising lawyer, judge or juror and to be given any assistance that may be necessary to enable these tasks to be performed

The right to be called as a witness and to give evidence

The obligation for all public officials responsible for law enforcement and administration, including police, prison and court officials, to attend disability equality training that incorporates appreciation of the rights contained in the UN Convention.

Right to Information and Communication

This includes:

The right to the provision, in a timely manner and without additional cost, of all information in the public domain in formats that are accessible to blind and partially sighted people, such as Braille, audio, large print and electronic text, regardless of any copyright laws. This is to include all correspondence and information from public services, such as hospitals, public utilities and government departments, as well as those providing an essential service such as banks.

The right to literacy through free instruction in methods of reading by touch such as Braille, and in methods of communication for deafblind people

The right to interpretation services for deafblind people at no extra cost

The right to free postage of Braille or audio material for the blind

The right to the provision of adapted equipment and access software to enable blind and partially sighted people to access the Internet and other information whether it is electronically stored or not.

Right of Access to the Built Environment and Public Transport

This includes:

Recognition in legislation that the white cane is a symbol which indicates that the carrier is blind or partially sighted, and the red and white striped cane which indicates that the carrier is deafblind

The right to accessible pedestrian environments, public buildings and facilities for public use that are designed and maintained to enable blind and partially sighted people to move around safely and independently

The right to fully accessible public transport vehicles, stations, stops and services, and to audible announcements to include stops, destination and route number

The right to free access to all public places, public buildings and public transport for guides of blind and partially sighted people and assistance dogs.

Right to Education

This includes:

The right to an education of equal quality that furthers the integral development, independence, and participation of blind and partially sighted people in society. This may be achieved :

either ,ideally, by an education alongside non disabled children and young people, with the resources needed to enable blind and partially sighted children's full participation and development

or, if necessary to meet the individual's particular needs, by special education alongside children and young people with similar disabilities

The right of equal access to tertiary and vocational education and to be provided with the resources and support needed to enable blind and partially sighted students to fully participate in such courses.

The right for blind and partially sighted people to be provided with the equipment, technical assistance, specialist teaching and learning materials that will enable them to access and participate in curricular and extra-curricular activities alike

The right to an education provided by teachers who have received training relevant to both the specific needs of blind partially sighted and deafblind people and which provides teachers with the competence to teach communication skills such as Braille

The right for blind and partially sighted people and their parents to be given advice based on an assessment of their educational needs and abilities that will enable an informed educational choice to be made

The right to participation in scholarships and provision of other financial support specific to those with disabilities to ensure that suitable education is provided regardless of the financial status of the recipient.

Right to Health Services

This includes:

The right to equal access to all necessary health services

The right to information about all available health services and personal medical information in formats which are accessible to blind and partially sighted people, such as Braille, large print, audio and electronic text

The obligation for all health service staff to be given training on the specific needs of blind and partially sighted people

The right to personally authorise treatments and procedures.

Right to Rehabilitation

This includes:

The right to be provided with rehabilitation services at the time of sight loss, regardless of age, and the right to rehabilitation and social services that are designed and delivered to meet the independent and daily living needs arising from specific disabilities

The right for blind and partially sighted people to be provided with the equipment that they need to alleviate the functional impact of their disability, the training to use the equipment and support to maintain its efficient operation, all without additional cost to the blind or partially sighted individual

Right to Vocational Training and Employment

This includes:

The right to take up employment

The right to hold a professional job, for example as a teacher, a social worker, or a psychologist provided that the individual hold the necessary qualifications

The right to a vocational assessment provided by qualified staff

The right to vocational training for blind and partially sighted people who wish and are able to work

The right to vocational training provided in centres meeting the specific needs of blind and partially sighted people, as well as in community based vocational training facilities

The right for blind and partially sighted people to be provided with all equipment, accessible teaching materials and personal support they require during their training

The right to training in line with formally recognised qualifications

The right to assistance from qualified staff to help to find work

The right to legal redress for blind and partially sighted people when they experience discrimination in their recruitment, career development, remuneration or promotion

The right to financial support from governments to meet the cost of the specialist equipment, adaptations to employers' equipment, adaptations to the workplace, provision of information in accessible formats such as Braille, large print, audio and electronic text, and the cost of personal support that blind and partially sighted people require in the workplace.

Right to Culture and Leisure

This includes:

The right to full access to all cultural, leisure and sporting activities, facilities and equipment, including participation and spectating

The right to accessible television broadcasting, including audio description of programmes, audio sub-titling of foreign language programmes and other descriptive video services

The right to access public library services, including provision of books and information services in accessible formats, such as Braille, audio, large print and electronic computer disks.

Right to Financial Support:

This includes:

The right of equal access to all statutory benefits and pensions

The right to the provision of allowances to all blind and partially sighted people to compensate for any loss of income incurred by those who are unable to work

The right to the provision of allowances to all blind and partially sighted people, regardless of their age, to compensate for the additional costs arising from their disability

The right to statutory allowances to provide for the financial and material needs of carers, (including parents and family members) and the costs of employing assistants when blind and partially sighted people are living in their own homes

The right to statutory allowances which do not penalise blind and partially sighted people should they take up employment

The right of blind, partially sighted and deafblind people in paid employment to receive allowances to compensate them for the additional costs arising from their disabilities incurred in doing their job

The right to financial support to meet the costs of residential and nursing care.

Right to Insurance

This includes:

The right to obtain insurance cover for health, life or any other insurance protection at no additional cost

WNUSP

Freedom from torture, right to life, liberty, bodily and mental integrity

2. Every human being is a person. The status of personhood shall not be deprived on account of actual or perceived disability.

3. No person shall be deprived of the right to life or the right to reproductive choice on account of actual or perceived disability.

4. No person shall be detained, interned or confined involuntarily on account of actual or perceived disability.

5. (a) Unwanted medical or related interventions, and/or corrective surgeries, shall not be imposed on persons with disabilities.

(b) Persons with disabilities have the same right to self-determination as persons without disability, including the right to accept or refuse treatment.

6. Medical and/or related interventions shall not be used for the purposes of coercion, intimidation, punishment, obtaining information or a confession, or for any reason based on discrimination of any kind.

7. No research shall be done on persons with disabilities absent their free informed consent. Research done in the disability field, and with persons with disabilities as subjects, shall conform to the standards of the Nuremberg Code.

8. All violence against people with disabilities shall be severely punished, whether it is done under state authority or otherwise, including violence in the home or by caregivers. Violence includes actions in violation of articles 4, 5, 6, 7 or 8 above, other physical assault, sexual assault, deprivation of food and water, etc.

Equality under the law

9. Laws regulating civil status and rights, civic obligations and punishment of crimes shall not differentiate between people on account of actual or perceived disability.

10. No person shall be deprived of the legal capacity to assert rights in her or his own behalf, having particular regard to the rights enumerated in this Convention.

11. Coercive public health powers, for instance to vaccinate or quarantine, shall not be used to retaliate or discriminate against people with disabilities.

Association and privacy

12. Persons with disabilities have the right to not have medical records or other records related to the disability disclosed to third parties without the person's prior consent.

13. (a) Persons with disabilities have the right to choice in living accommodations, such as the choice whether to establish a household as a single person or to establish a household with others of the person's own choosing, and the right to not reside in an institutional facility.

(b) In order to facilitate exercise of this right, states shall ensure that persons with disabilities have an assured adequate income to maintain themselves in their own households, access to housing, and access to non-institutional services.

14. Persons with disabilities have the right to privacy in their homes or places of residence, including the right to choose and direct caregivers.

15. Persons with disabilities have the right to form families and to become parents, and to exercise parental rights and responsibilities, free from any form of discrimination.

Participation and dignity

16. Persons with disabilities have the same right as persons without disability to decent and respectful interactions.

17. (a) Persons with disabilities have the same right as persons without disability to meaningful participation in all matters that affect them. Specifically for service programs that means significant participation in formulation, implementation, monitoring and evaluation.

(b) The disability perspective shall be mainstreamed in all aspects of public affairs, assessment of public needs and development of public services.

18. (a) Persons with disabilities have the right to have access to mass media to promote disability-affirmative cultural values.

(b) Hate speech against persons with disabilities shall be punished.

Housing and other basic necessities

19. (a) Persons with disabilities have the right to enjoy access to the basic necessities of life for themselves and their families, including food, water, clothing, health care, personal care items, and housing as an independent household, and the right to an assured income that is sufficient to meet these needs. Services, devices and assistance for disability-related needs shall also be considered basic necessities of life for persons with disabilities.

(b) Nothing in this article shall be interpreted to allow imposing any service or assistance on any person contrary to her or his own wishes.

20. Persons with disabilities have the right to temporarily leave their homes and enter a facility by choice for treatment or rehabilitation or respite, and to return to their former homes on completion of that purpose.

Employment

21. (a) Persons with disabilities have the right to work at an occupation of their choosing, the right to receive equal pay for equal work, the right to non-discrimination in all aspects of employment and collective bargaining arrangements, and the right to reasonable accommodation in the workplace.

(b) Reasonable accommodation in workplace includes, inter alia, flexibility in schedule, job routines, supervision and training, and leaves of absence.

Health care

22. Persons with disabilities have the right to have access to a full range of health care and to exercise choice with respect to every aspect of their health care.

Monitoring of institutions

23. Persons with disabilities who reside in institutional facilities retain all the rights enumerated in this Convention, including the right to leave the institution if they so choose. National human rights institutions shall have the power and authority to inspect such facilities and enforce the observance of this Convention within them.

Non-discrimination and reasonable accommodation

24. Discrimination against people with disabilities in all its forms, including discrimination by public entities or in the provision of public services, shall be prohibited by law.

25. Disabled people have the right to enjoy access to goods and services on an equal basis with non-disabled people, and to participate on an equal basis in all governmental services and programs. Reasonable accommodation of persons with disabilities shall be provided to ensure such access and participation, and to ensure non-discrimination.

Persons entitled to claim rights

26. Any person with a disability, and any person subjected to adverse treatment on account of actual or perceived disability, or who has a record or history of either of the above, is entitled to claim rights under this Convention.

27. All types of disability are included under this Convention, whether physical, sensory, intellectual, mental, emotional or psychosocial, visible or invisible, and of temporary, permanent, intermittent or undetermined duration.

OTHER STATE OBLIGATIONS

DPI Japan

Part VI International Cooperation

Taking into consideration that eighty percent of all persons with disabilities live in developing countries, in the process of examining this convention the importance of international cooperation contributing to promote and protect the dignity and rights of persons with disabilities need to be well examined. In that respect, along with the role of specialized organizations and other international organizations, the right to development need also be well considered.

To that end, State Parties pledge to ensure:

Propulsion of international research and development and international exchange for support programs necessary for leading an independent life and workshop programs to avoid abuse for persons with disabilities in leading an independent life in the community.

Propulsion of international research and development and international exchange for a barrier free system that will be easy to access in any State.

Propulsion of international research and development and international exchange regarding rights to persons with disabilities and community-rooted rehabilitation.

Fostering of persons with disabilities and propulsion of international exchange.

European Disability Forum

Awareness raising and dissemination

Attitudinal barriers faced by many persons with disabilities can only partly be overcome through legal action. Thus, awareness raising of the general population as well as training to more targeted groups on the rights of persons with disabilities can play a major contribution to the removal of negative stereotypes and social stigma encountered by persons with disabilities.

The Convention should include a specific article, obliging States to undertake these actions in consultation with representative disability organisations.

The Importance of the role of disability organisations

Rule 18 of the UN Standard Rules foresees the right of persons with disabilities through their representative organisations to be involved in policy making processes.

Consistent with principles of due process and participation under international human rights law and the UN Standard Rules, the UN Convention must provide for the meaningful participation of people with disabilities.

In this regard, the Convention must provide for the involvement of persons with disabilities and their representative organisations in its implementation, and accordingly provide adequate support for this involvement.

Development co-operation and the Convention

The UN Convention shall undoubtedly influence the way development co-operation is provided.

Both donor governments and agencies and recipients of development co-operation funds, must ensure that these funds contribute to the enforcement of the UN Convention by:

- ensuring that all new premises and services that are established with the support of development co-operation funds are accessible to all persons with disabilities.
- ensuring that a certain percentage of these funds are used to eliminate currently existing barriers.
- finance awareness raising campaigns on the UN Convention and on the rights of persons with disabilities in general.

Prevention of disability

While there is no doubt that Member States should undertake actions to prevent disability, including public health campaigns, road security and other measures, the proposed Convention addresses the rights of persons with disabilities, and is not the appropriate instrument to focus on prevention concerns.

World Blind Union

The World Blind Union recognises there is substantial variation in the rights status of disabled people in different countries. This variation is due to economic, cultural and political factors. Inevitably the time taken to implement a Convention to protect the rights of disabled people will take longer in those countries where disabled people's rights are less developed. We at the World Blind Union therefore recommend that a process for implementing and monitoring the Convention be introduced that takes account of the differing levels of rights development in UN Member States. However, it will be essential to ensure that even though some Member States will need longer to fully implement the Convention, every State that is a signatory to the Convention should attain full implementation within an agreed period of time. During this period there must not be any regression in rights or any diminution in services. "Progressivity" should be a key aspect of the implementation of the Convention.

With this in mind, the World Blind Union proposes that a staged process for the implementation of the Convention should be introduced. Every Member State would work through each of the stages and participate in the associated monitoring arrangements. However, some states would attain full implementation earlier than those States that begin the process with a less developed level of rights for disabled people.

A staged process could work as follows:

Stage 1

States accept a binding commitment, backed by national legislation, to fully implement the Convention. This commitment will recognise that the Convention constitutes an international standard for the establishment of rights for disabled people in each UN Member State. This legislation is to be enacted within two years of a country becoming a signatory to the Convention, providing the necessary minimum number of signatories has been met. WBU proposes that the number of signatory countries required to activate the Convention should be 20.

WNUSP

Obligations

1. Any international or national legal provision and/or administrative arrangement or decision in contravention with or derogation of the provisions of this convention shall be deemed void ab initio.

Basic Articles: What are state obligations?

The convention must require states to adopt anti-discrimination laws and repeal all laws which themselves perpetuate discrimination.

The rights guaranteed by the convention must give rise to enforceable remedies in national tribunals, and states must also accept an obligation to protect against violation of rights by non-governmental agents. Such provisions are essential in a human rights treaty and comparable to obligations already undertaken in other treaties.

MONITORING MECHANISMS

DPI

We demand a strong convention-monitoring mechanism informed by the unique perspective of disabled people to ensure the credibility, legitimacy and efficacy of the convention.
If the convention is to be successful, a strong monitoring mechanism must be established to gauge the levels of implementation and provide guidance on best practices. This monitoring mechanism should be empowered to engage all relevant levels, including states, intergovernmental organizations, non-governmental organizations and individuals. The convention should establish a monitoring body. This body, ideally, should be empowered to do the following:

Receive and assess regular reports from states parties, with no more than five years between reports.

Have authority to receive inter-state, non-governmental organization and individual complaints.

Have authority to conduct investigations into alleged abuses of human rights.

Have authority to call upon other members of the UN family to assist in producing reports and studies addressing human rights in the context of disability.

Any monitoring mechanism for the convention must be fully informed by disability and human rights expertise. Disabled people are the experts regarding our situation and it is therefore crucial that any monitoring body established under the convention include a majority of disabled people in its composition.

DPI Japan

Part V International Measures for Implementation

1. State Reporting

Within a year of being a member of the State Parties concerned, and thereafter every five years, State Parties shall report to the Secretary-General of the United Nations the survey report regarding rights for persons with disabilities determined in this convention and measures taken to implement various provisions in this convention.

2. Individual Communications

In the case where various provisions of this convention are violated, and remediation of the concerned individual rights cannot be achieved despite rendering available domestic remediation measures in the case where individual rights are violated, on the part of the qualification of the individual concerned, the afflicted party may report to the committee dealing with the abolition of discrimination again persons with disabilities, requesting for the facts of violation of rights and its remediation.

Part VII The Committee on the Elimination of all Forms of Discrimination against Persons with Disabilities

The Committee of the Elimination of all Forms of Discrimination against Persons with Disabilities shall be established (hereafter stated as "Committee") with the purpose of monitoring the situations of rights and implementation of regulations, along with its promotion in the State Parties.

The Committee shall be made up of at least 18 people of high moral repute including professionals that have specific knowledge and persons with disabilities.

The members of the Committee shall be elected from nationals of the respective State Parties, and shall carry out duties according to qualifications. In electing the members, fair representation of geographic location, diversity of civilization and major systematic bodies of law need to be taken into consideration, and representation of persons with disabilities shall not fall below a third of the total number of Committee members

The Committee has the right to examine the situations of implementation of the convention and carry out recommendations and advise concerned State Parties based on their findings from their examination of survey reports submitted to the Secretary-General of the United Nations.

Regarding the rights determined in this convention, the Committee has the right to receive reports from individuals or groups that are under the jurisdiction of concerned State Parties that allege to have received violation from a member of the State Parties, the right to examine, and have the right to report, recommend and advise the results of their examination to the concerned member of the State Parties.
In the case where a member of the concerned State Parties has received recommendations and advice from the Committee, they are obligated to report to the Committee regarding the measures taken in its response.
The Committee may request the presentation of all other related information to the concerned member of the State Parties regarding any submitted matter.

Regarding its activities, the Committee may cooperate with other professional organizations and related non governmental organizations.

The Committee shall report its activities annually to the United Nations through the Secretary-General of the United Nations.

European Disability Forum

The Convention should also provide for a monitoring and enforcement mechanism that is comparable to the existing human rights treaties. The new Convention shall not be a second class treaty, but should have monitoring mechanisms that represent the latest developments in international law.

A Treaty monitoring body, including a majority of persons with disabilities, will play a vital role in giving content to the Convention. The obligation for Member States to present periodic reports, as well as the possibility for individuals and representative NGOs to present individual complaints should be another feature of the Convention.

The establishment of technical bodies to provide guidance on certain issues might also be foreseen in the future Convention in the areas of, for example, accessibility to the built environment and information technologies.

IDA

IV: Monitoring Mechanism

Since the Disability Convention shall be a human rights instrument the monitoring mechanism should be similar to that for the existing six core Human Rights Treaties (especially CEDAW and CRC). This will entail state reports, complaint mechanisms (individual/group and state), NGO involvement and investigation powers of the treaty monitoring body. In addition the monitoring process should have the benefit of the involvement of the Special Rapporteur and the panel of experts throughout the monitoring process.

World Blind Union

Stage 2

Adoption of a monitoring process to establish current deficits in the rights of disabled people, compared with the provisions of the Convention. This stage to be completed within three years of the completion of Stage 1. The monitoring is to be organised and undertaken internally by the United Nations High Commission for Human Rights, ( UNHCHR) which should set up a secretariat dedicated to this purpose. This secretariat should be served by a panel of advisers in which international organisations of disabled people are represented. Disabled people themselves must work in the monitoring agency and serve on the advisory panel. The results of the monitoring process are to be published.

Stage 3

States' governments are to discuss the results of the monitoring process with the national organisations representing the interests of disabled people, with the objective of preparing an agreed Plan of Action to bring the rights of disabled people within the Member States up to the standard of the Convention. Those rights considered by the organisations of disabled people to be most important should be accorded a high priority for implementation. The Plan of Action will identify the resources required to implement the introduction of each right and the time scale for full implementation.

Stage 4

Five years after the publication of the monitoring process, the appropriate UN body as described in stage 2, will assess progress in relation to the plan of action. Its findings will be published and made available internationally. The body undertaking this work will use a standard of assessment, based on the provisions of the UN Convention, that will be applied to all signatory States. This process will incorporate the views of the organisations of disabled people in the Member States and be repeated every five years, so that continuous progress can be evaluated.

Stage 5

When the result of the external monitoring is known, the Member States will consult with their organisations of disabled people to review and revise the Plan of Action. This consultation and review will be repeated after each external assessment has been undertaken.

Stage 6

Once the monitoring established at stage 3 indicates that the Member State has attained the rights standards of the Convention, it will be required to present reports every 2 years, showing how it is upholding the rights established in the Convention. This report will then be analysed by the relevant UN body as described in stage 2. From this stage, the procedure is thus similar to the one used in the Convention on the Rights of the Child.

Disabled people, either as individuals or through their representative organisations, will be given recourse to lodge complaints about alleged infringements of their rights under the Convention. If settlement is not reached to the satisfaction of both parties at a national level, there will be an option to lodge complaints to the dedicated UNHCHR Convention secretariat. As the final authority, it is the responsibility of this secretariat to investigate these complaints.

WNUSP

Implementation and Monitoring

WNUSP advocates a comprehensive monitoring mechanism to include state reports, complaint mechanisms (collective and individual), participation by NGO�s, and investigatory powers for the treaty body, as well as a special rapporteur and panel of experts. We also believe that a conference of states parties for the purpose of cooperation in mainstreaming disability in their development and policymaking could be beneficial so long as people with disabilities are involved through their NGOs and otherwise. These are all measures which have been proven useful in monitoring and implementation of other instruments.

The monitoring committee should be composed of a diverse group of experts to be chosen from among people with disabilities who are leaders of national disability organizations or have otherwise demonstrated their competence in the promotion and protection of the rights of people with disabilities.

People with disabilities will also need to be centrally and influentially involved in national institutions overseeing monitoring and implementation of the convention.

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Notes

^[1] This compilation contanis NGO contributions specifically made to draft elements of a convention, and is structured according to the Bangkok recommendations on the elaboration of a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities.

^[2] Recommendations for Final Report: Disability Caucus, UN Ad Hoc Committee, New York, July/August 2002.

^[3] Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation.

^[4] Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation.

^[5] IDA member organisations: Disabled People's International, Inclusion International, Rehabilitation International, World Blind Union, World Federation of the Deaf, World Federation of the Deaf-Blind, WNUSP.

NGO contributions to the elements of a convention[1]

NATURE OF THE CONVENTION

STRUCTURE

PREAMBLE

STATEMENT OF PRINCIPLES AND OBJECTIVES

DEFINITIONS

GENERAL OBLIGATIONS

GUARANTEE OF EQUALITY AND NON-DISCRIMINATION

GUARANTEES OF SPECIFIC RIGHTS

OTHER STATE OBLIGATIONS

MONITORING MECHANISMS

Notes

NGO contributions to the elements of a convention^[1]