|
Back to:
Third Session of the Ad Hoc Committee
Report of the third session of the Ad Hoc Committee
Annex II
Compilation of proposed revisions and amendments made by the members
of the Ad Hoc Committee to the draft text presented by the Working Group
as a basis for negotiations by Member States and Observers in the Ad
Hoc Committee of the draft Convention.
[ MS Word | Text Document ]
[ text ] indicates a proposed deletion
( text ) indicates a proposed addition
Draft [comprehensive and integral EU, Sierra Leone, Pakistan]
international convention on [the protection and promotion of the rights
and dignity of EU, Sierra Leone] (the full and equal enjoyment of
all human rights and fundamental freedoms by EU, Sierra Leone) persons
with disabilities
The States Parties to this Convention,
(a) Recalling the principles proclaimed in the Charter of the United
Nations which recognize the inherent dignity (, worth Holy See) and
the equal and inalienable rights of all members of the human family
as the foundation of freedom, justice and peace in the world,
(b) Recognizing that the United Nations, in the Universal Declaration
of Human Rights [and in the International Covenants on Human Rights
Pakistan], has proclaimed and agreed that everyone is entitled to
all the rights and freedoms set forth therein, without distinction of
any kind,
(c) Reaffirming the universality, indivisibility (inalienability,
irrevocability Costa Rica) and interdependence of all human rights
and fundamental freedoms and [the need for EU] (and that persons with
disabilities are EU) [persons with disabilities [to be EU] guaranteed
Sierra Leone] their full enjoyment without (any form of South Africa)
discrimination,
(d) [Reaffirming also- Pakistan] (recalling Pakistan) the International
Covenant on Economic, Social and Cultural Rights, the International
Covenant on Civil and Political Rights, the International Convention
on the Elimination of All Forms of Racial Discrimination, the International
Convention on the Elimination of All Forms of Discrimination against
Women, the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Rights of the Child,
[and the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families, - EU, Israel, Canada,
Costa Rica]
(It is recommended that appreciation be extended to the World Conference
against racism, racial discrimination, xenophobia and related intolerance,
held in South Africa in 2001, which gave impetus to the resolution promoting
the work of the United Nations in the elaboration of an International
convention on the rights of persons with disabilities Chile)
(Recognising that the exercise of the right to development, as a universal
and inalienable right, is a prerequisite to the integral and sustainable
solution to meeting the needs of persons with disabilities - Cuba)
(e) Recognizing the importance of the principles and policy guidelines
contained in the (United Nations Namibia) Standard Rules on the Equalization
of Opportunities for Persons with Disabilities in influencing the promotion,
formulation and evaluation of the policies, plans, programmes and actions
at the national, regional and international levels to further equalize
opportunities for persons with disabilities,
(f) Recognizing also that discrimination (and violence Costa Rica)
against any person on the basis of disability is a [violation of EU]
(affront to EU) the inherent dignity of the human person,
(g) Recognizing further [[the diversity India, Pakistan] (the diverse
nature of disabilities Pakistan) (the wide range of abilities, skills,
functional competencies and concerns of - India) of [persons with disabilities
Morocco, Argentina] - South Africa] (disabilities Morocco, Argentina)
(, their needs and requirements Thailand) (that person that disabilities
are not a homogeneous group, but diverse in their own right South
Africa),
(h) Concerned that, despite [the efforts and actions EU] (these
various instruments and undertakings - EU) [undertaken by Governments,
bodies and relevant organizations EU], persons with disabilities continue
to face barriers in their (equitable South Africa) participation as
equal members of society and violations to their human rights in all
parts of the world,
(i) [[Emphasizing India, Namibia] (Recognising India, Namibia)
the importance of international cooperation (because of its multisided
benefit to all member countries Lebanon) promote the full enjoyment
of (all Cuba, Lebanon) human rights and fundamental freedoms of (all
Lebanon) persons with disabilities, - EU, Syria] (Recognising the
importance of international cooperation for improving the living conditions
of persons with disabilities in every country, in particular in the
developing countries EU, Syria, Argentina)
(j) Emphasizing also the existing and potential contributions [made
by Namibia] (of Namibia) persons with disabilities to the overall
well-being and diversity of [their communities Lebanon] (the society
Lebanon), and that the promotion of the full enjoyment by persons
with disabilities of (all Cuba) their human rights and fundamental
freedoms and of full participation by persons with disabilities will
result in significant advances in the human, social and economic development
of [their societies Lebanon] (the society Lebanon) [and the eradication
of poverty EU],
(k) Recognizing the importance for persons with disabilities of their
individual autonomy and independence, including the freedom to make
their own choices,
(l) Considering that persons with disabilities (and their families
India, Pakistan) (and care-givers Pakistan) should have the opportunity
to be actively involved (and taking leading roles Rep. of Korea) in
decision-making processes about policies and programmes, [especially
those directly concerning them South Africa, Namibia],
(m) Concerned about the difficult conditions faced by persons with
[[severe or Argentina] multiple Canada, Yemen, Cuba, Namibia, Lebanon]
disabilities [and of persons with disabilities Costa Rica] (and in
particular those Costa Rica) who are subject to [multiple or aggravated
Lebanon] [forms of EU] discrimination [on the basis of race, colour,
sex, language, (and the kind and degree of disability Lebanon) (age,
Sierra Leone, Israel, Costa Rica) religion, political or other opinion,
(ethnic, - Canada) national or social origin, property, birth (, sexual
orientation EU, Brazil) or other status, - Pakistan]
(n) Emphasizing the need to incorporate a gender perspective in all
efforts to promote the full enjoyment of (all Cuba) human rights and
fundamental freedoms by persons with disabilities,
((n bis) Recognising that women and girls with disabilities are often
subject to multiple discrimination and therefore suffer particular disadvantages
(n ter Recognising that persons with disabilities, in particular women
and girls, are at greater risk, both within and outside the home, of
violence, injury or abuse, neglect or negligent treatment, maltreatment
or exploitation, including sexual exploitation and abuse - EU)
(o) [[Mindful (that conditions of poverty can exacerbate the incidence
and situations of persons with disabilities- India) of - Cuba] (Concerned
by Cuba) the need to [alleviate Cuba] (eradicate Cuba) the negative
impact of poverty on (causing disabilities and the quality of life of
persons with disabilities Argentina) the conditions of persons with
disabilities, (in accordance with the Millennium Declaration on this
matter Chile) (and therefore convinced of the need to eradicate it
Costa Rica) - EU] (Recognising that a disproportionately large number
of persons with disabilities live in conditions of poverty and mindful
of the need to alleviate the negative impact of poverty on persons with
disabilities EU, Brazil)
(p) Concerned that [situations of Sierra Leone, Saudi Arabia, Lebanon]
armed [conflict Sierra Leone] (conflicts Sierra Leone) (and foreign
occupation of territories and assets of others Syria, Yemen, Saudi
Arabia, Lebanon) [have especially- South Africa] (cause disabilities
and have South Africa) devastating consequences for the [human Sierra
Leone] rights of persons with disabilities,
(q) Recognizing the importance of accessibility to the physical, (political
South Africa, Yemen) social and economic (cultural South Africa,
Yemen, Costa Rica) environment and to information and communication,
[including information and communication Yemen] technologies, in enabling
persons with disabilities to fully enjoy all human rights and fundamental
freedoms,
((q bis) Recognising the important role that persons with disabilities
can play in the sustainable development of their communities Costa
Rica)
(r) Convinced that a convention [dealing specifically with (full enjoyment
of Sierra Leone) (all Cuba) [the human rights of EU] (the enjoyment
of human rights by EU) persons with disabilities Pakistan] (addressing
specifically the rights and dignity of persons with disability- Pakistan)
will make a significant contribution to (the improvement of the Human
Development Index of this groups and the world population in general
Chile) redressing the profound [social EU] disadvantage of persons
with disabilities and promote their participation in the civil, political,
economic, social and cultural [spheres Pakistan] (activities Pakistan)
[with equal opportunities Canada], in both developing and developed
countries,
((s) Recognising the particular circumstances of the child with disabilities
and that the child with disabilities should enjoy the right to a full
and inclusive life in conditions that ensure dignity, promote self reliance
and autonomy and facilitate their active participation in the community
EU)
(Recognising that many persons with disabilities suffer double or multiple
discrimination because of their status as children, women, refugees
or internally displaced, older persons, people living in rural areas
and people living in informal settlements.
Noting with concern that there exists, in various parts of the world,
harmful cultural practices and beliefs that have continued to impact
negatively on the rights of persons with disabilities.
Recognising that HIV/AIDS impacts negatively on persons with disabilities
in all spheres of life. Kenya)
(Recognising that a comprehensive, integral and interdisciplinary approach
to the issues facing persons with disabilities is essential to the achievement
of full and effective equalities for persons with disabilities - Israel)
Hereby agree as follows:
Article 1
Purpose
The purpose of this Convention shall be to [seek the full and equal
enjoyment India] ensure [promote and protect Thailand] (ensure -
Thailand) the [equal Egypt] (promotion and protection Egypt, Eritrea)
(effective Jordan) (full EU) and equal enjoyment of all human rights
and fundamental freedoms (and strive for elimination of discrimination
against India) by persons with disabilities.
(The purpose of this Convention shall be to protect and promote (all-
Mexico) the rights and (dignity Mexico) of persons with disabilities
China).
(The purpose of the present convention is to promote and protect the
full enjoyment of all rights by and the dignity of persons with disabilities
on the basis of universal principles of equality and equity -Mexico,
Colombia)
(The purpose of the present convention is to prevent discrimination
and violation of the rights of persons with disabilities and to ensure
their participation as equal members of society - Sierra Leone)
(The purpose of this convention shall be to promote, protect and fulfil
the full and equal enjoyment of all rights and fundamental freedoms
of all persons with disabilities -Uganda)
Article 2
General principles
The fundamental principles of this Convention shall be:
(In their actions to achieve the objective of the convention and to
implement its provisions, the parties shall be guided inter alia by
the following fundamental principles: -Japan)
(a) Dignity, individual autonomy including the freedom to make ones
own choices, and [independence Costa Rica] (independent life - Costa
Rica) of persons;
(b) Non-discrimination;
(c) [Full inclusion of persons with disabilities as equal citizens and
participants in all aspects of life; - EU, Mexico, Costa Rica] (Full
and effective participation and inclusion in society on an equal basis
for persons with disabilities - EU, Mexico, Costa Rica)
(d) Respect for difference and acceptance of disability as part of human
diversity and [humanity Mexico, South Africa] (human dignity -Mexico,
South Africa)
(e) Equality of opportunity.
(International cooperation - Mali, Sudan, Eritrea, Jordan)
(Equality between men and women - Canada, Mexico, Costa Rica, Norway)
(Affirmative action to correct disadvantage occasioned by disability;
the indivisibility and interdependence of rights as they relate to persons
with disabilities; the progressive realisation of economic, social and
cultural rights - Kenya)
(Special attention will be paid to the situation of persons with severe,
intellectual and multiple disabilities - India)
(The social model will be preferred over the medical model, however
there may be provisions for affirmative action in specific situations
of disadvantage - India)
(Personal development in and enjoyment of all stages of life - Costa
Rica)
(Accessibility and universal design -South Africa, Thailand)
(Realization of a barrier-free environment -Japan)
(Disability inclusive international cooperation -Thailand)
(Self-determination. Actualization of full human potential. Empowerment
of disabled persons, basic principle to the social model - Jordan)
((2 bis) [States parties shall undertake all appropriate legislative,
administrative and other means for the implementation of the present
convention -Russian Fed.]. With regard to economic, social and cultural
rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the framework
of international cooperation - EU, India, Mexico, Thailand)
Article 3
Definitions
Accessibility
Communication includes oral-aural communication, communication using
sign language, tactile communication, Braille, large print, audio, accessible
multimedia, human reader and other augmentative or alternative modes
of communication, including accessible information and communication
technology.
Disability
Persons with disability
Discrimination on the ground of disability
Language includes oral-aural language and sign language.
Reasonable accommodation
Universal design and Inclusive design.
[ Article 4
General obligations
1. [[States Parties undertake (guaranteeing the exercise and enjoyment
Argentina) to ensure [the full realization of all human rights and
fundamental freedoms for all individuals [within their jurisdiction
- Canada] without discrimination of any kind on the basis of disability.
- Lebanon] (achievement of the purpose of the convention and the rights
that are guaranteed by this convention Lebanon) To this end, States
Parties undertake: - China]
(States parties undertake to adopt legislative, administrative and
other measures to ensure the full realization of all human rights and
fundamental freedoms for all individuals within their jurisdiction without
discrimination of any kind on the basis of disabilities. With regard
to economic social and cultural rights, States parties shall undertake
such measures to the maximum extent of their available resources and,
where needed, within the framework of international cooperation China)
(In order to secure non-discrimination of persons with disabilities,
States Parties undertake in particular EU):
(To respect and ensure the rights set forth in the present convention
and to adopt Japan)
(a) [To adopt (appropriate Japan) legislative, administrative and
other measures to give effect to this Convention, and to amend, repeal
or nullify any laws and regulations and to discourage customs or practices
that are inconsistent with this Convention EU, China];
(to take effective measures to review governmental, national and local
policies, and to amend, rescind or nullify any laws or regulations which
have the effect or purpose of creating or perpetuating such discrimination
wherever it exists; - EU, China)
(to amend, repeal or nullify any laws or regulations and discourage
customs or practices that are inconsistent with this convention China)
(States Parties shall undertake all appropriate legislative, administrative,
and other measures for the implementation of the rights recognized in
the present convention. With regard to economic, social and cultural
rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the framework
of international cooperation Argentina)
(b) To embody the [rights EU] (principles EU) of equality (of opportunity
EU) and non-discrimination on the ground of disability in their national
constitutions or other appropriate legislation, if not yet incorporated
therein, and to ensure, through law and other appropriate means, the
practical realization of these rights;
(c) [To [mainstream - Thailand] (integrate Thailand) disability issues
into all economic and social development policies and programmes (including
international cooperation Thailand) (including specific allocation
of resources to satisfy obligations towards persons with disabilities
Kenya)];
(States shall ensure that the needs and concerns of persons with disabilities
are incorporated into economic and social development plans and policies,
and not treated separately EU)
(d) To refrain from engaging in any act or practice [that is inconsistent
with this Convention EU] (of discrimination against persons with disabilities
EU) and to ensure that public authorities and institutions act in
conformity with this [Convention - EU] (obligation- EU);
(e) To take all appropriate measures to eliminate discrimination on
the ground of disability by any person, organization or [private - EU]
enterprise;
[Discrimination does not include provisions, criteria or practices
that are objective and demonstratively justified by the State Party
by a legitimate aim and where the means of achieving that aim are reasonable
and necessary India]
(f) [To [promote - Uganda] (ensure Uganda) the development, availability
and use of universally designed goods, services, equipment and facilities
(including assistive technologies Thailand). [Such goods, services,
equipment and facilities should require the minimum possible adaptation
and the least cost to meet the specific needs of a person with disabilities
Thailand] New Zealand]. (Promote and where appropriate undertake
the research, development, production, application and dissemination
of new technologies in order to make available to persons with disabilities
goods, services, equipment and facilities acceptable to them and aimed
at their fullest inclusion in society, and based on the principle of
universal design New Zealand)
((g) To provide the conditions and environments under which persons
with disabilities may live in a self-sustained manner by fully exercising
their capacity Japan)
(To establish credible and effective structures to oversee implementation
and monitoring; to ensure a barrier free society through the establishment
of an effective enabling environment; to provide particular protection
and support for persons with disabilities who are vulnerable on account
of situations such as conflict and natural disasters or because of their
status as children, women and persons living with HIV/AIDS. Kenya)
(In relation to the economic, social and cultural rights of this convention,
States Parties undertake to give immediate effect to those aspects of
those rights which are capable of immediate implementation (including,
but not limited to, obligation of non-discrimination in the enjoyment
of those rights) and in relation to other aspects of those rights, progressively
the full realization of those rights by all appropriate means India)
2. In the (planning New Zealand) development and implementation (and
evaluation New Zealand) of policies (standards and guidelines to give
effect to the provisions of the Convention New Zealand) [and legislation
to implement this Convention New Zealand], States parties shall do
so in [close India] consultation with, and include the active involvement
of] (partnership with New Zealand), persons with disabilities (their
families India) and their representative organizations (and care-givers
Trinidad and Tobago) (, recognizing the expertise of persons with
disabilities and the leadership they can provide in all affairs concerning
them New Zealand).
(States when developing and implementing policies and legislation to
give effect to this convention, shall take appropriate measures to ensure
adequate consultation with, and involvement of, persons with disabilities
and their representative organizations - EU)
(3. States parties shall undertake all appropriate legislative administrative
and other measures for the implementation of the rights recognised in
the present convention with regard to economic social and cultural rights,
particularly with regard to art 9d, 13, 15, 16, 17, 19 to 24. States
parties shall undertake such measures to the maximum extent of their
available resources with a view to achieving progressively the full
realization of such rights and when needed within the framework of international
cooperation Israel) EU: see article 3bis]
[ [Article 5
Promotion of positive attitudes [to] (towards Canada) persons with
disabilities EU]
(Creation and raising of awareness South Africa)
(Creation of a culture of respect and inclusion Mexico)
1. [States Parties undertake to adopt (by appropriate and active means
Australia) [[immediate Argentina] and effective measures Australia]
to: - EU: see article 3bis]
(a) Raise awareness throughout society regarding [disability - Swaziland]
(in various forms Philippines) and persons with disabilities (their
needs, potential and contribution to society Uganda) (and foster (a
culture of Mexico) respect for the rights of persons with disabilities
EU) (and their human rights Costa Rica);
(b) Combat (negative - Trinidad and Tobago) stereotypes (negative cultural
practices Trinidad and Tobago) and prejudices about persons with disabilities
;
(Combat practices whether cultural religious or other which discriminate
persons with disabilities.- Kenya)
[(c) [[Promote] (To commit ourselves to Ar. Gp.) an image of Canada]
(portray Canada, New Zealand) persons with disabilities (irrespective
of type, severity and complexity of their disabilities Thailand) as
capable and contributing members of society sharing the same rights
and freedoms (and responsibilities Philippines) as all others and
in a manner consistent with the overall purpose of this Convention.
New Zealand]
2. [These measures shall include, among others:
[(a) Initiating and maintaining (promoting - Canada) an effective [public
Yemen] (social Yemen) [awareness - Canada] (policies Costa Rica)
campaign designed to [nurture (awareness of and respect for) [receptiveness
- Canada] South Africa] (respect and protection Philippines) (promote
the rights of persons with disabilities South Africa) to the rights
of persons with disabilities;
(b) [Promoting awareness South Africa] (to develop and maintain programmes
of awareness South Africa) (in their population Costa Rica), including
in all children from an early age and at all levels of the education
system, to foster an attitude of respect for the rights of persons with
disabilities; - EU: see article 3bis]
(c) Encouraging all organs of the media to [project an image of - Canada]
(portray Canada, New Zealand) persons with disabilities (in a manner
Canada) consistent with [the purpose Canada] of this Convention
(through inter alia the use of proper terminology Trinidad and Tobago);
[(d) Working in partnership with persons with disabilities and their
representative organizations (and families Uganda) in all measures
taken to give effect to the obligations contained in this article. -
EU: see article 3bis] New Zealand]
Article 6
Statistics and data collection
(Collection and protection of statistics and data Uganda)
(Collection and protection of statistics Colombia)
[In order to formulate and implement appropriate (regulations and
Mexico) policies to protect and promote the rights of persons with
disabilities, States Parties [should encourage] (should include in their
data gathering programme Philippines) (actions for Mexico) the collection
(, compilation- Mexico), analysis and [codification Mexico] (dissemination
Mexico) (and dissemination Costa Rica) of statistics (on persons
with disabilities Mexico) and [information on disabilities Mexico]
(and their surroundings Mexico) and on the effective enjoyment of
human rights by persons with disabilities. The process of [collecting
Mexico] (collection Mexico) and [maintaining Mexico] (preservation
Mexico) this information [should Costa Rica] (shall Costa Rica):
(a) Respect the right to privacy, the dignity and the rights of persons
with disabilities, (. Therefore Mexico) [and Mexico] the [information
collected from persons with disabilities Mexico] (collection of disability
statistics Mexico) [should Costa Rica] (shall Costa Rica) be [on
a voluntary basis Eritrea, Mexico] (treated with sensitivity - Eritrea)
(done with the consent of persons with disabilities Mexico);
(b) [Be kept only in a statistical format without identifying individuals
and [should Costa Rica] (shall Costa Rica) be kept secure to prevent
unauthorized access or misuse of information Mexico] (Adhere to ethic
regulations and principles regarding respect of anonymity and confidentiality,
as well as the use of the disability statistics for social awareness
- Mexico) ;
[(c) (The governmental authorities responsible for statistics in the
States Parties shall Mexico) [Ensure that the design and implementation
of data collection is done in partnership with persons with disabilities,
their representative organizations and [all Mexico] other [relevant
Mexico] (interested Mexico) stakeholders; - Jordan] New Zealand]
(d) [[Be disaggregated Mexico] (Disaggregate the data Mexico) according
to the purpose of the collection of [information Mexico] (statistics
Mexico) and should include (at least, information about Mexico,
Lebanon) age, sex [and type of disability - Lebanon] (if it is located
in rural or urban areas Costa Rica); (States should move away from
statistical investigations that merely enumerate impairments that can
become a statistical means of pathologising people with disabilities
Lebanon) Jordan]
(e) Include detailed information on their access to public services,
rehabilitation programmes, education, housing and employment (and other
relevant areas Lebanon) (health care, training, social security and
housing Algeria) (as well as the barriers faced by persons with disabilities
to exercise their rights Mexico);
(f) [Adhere to established ethics regarding respect for anonymity and
confidentiality in the collection of statistics and data - Mexico] (Establish
regulations and mechanisms to safeguard disability statistics and ensure
their adequate use Mexico) EU]
((g) States Parties shall assume the responsibility for the dissemination
of disability statistics and ensure its accessibility to all interested
stakeholders Mexico)
(2. States parties should include disability figures among the indicators
to assess the development of the country reflecting the close link between
poverty and disability when relevant - Lebanon)
(The States parties should provide conducive environment that would
encourage non-governmental organisations and the private sector to conduct
research and studies on the issues of concern to persons with disabilities
Philippines)
(Where necessary, States Parties shall collect appropriate information
to enable them to formulate and implement policies to give effect to
this Convention. The process of collecting and maintaining this information
should:
(a) comply with legally established safeguards to ensure confidentiality
and respect for the privacy of persons with disabilities, including
legislation on data protection;
(b) comply with internationally accepted norms to protect human rights
and fundamental freedoms;
(c) where appropriate, be undertaken in collaboration with and following
consultation of organisations of persons with disabilities. - EU)
[Article 7
Equality and non-discrimination
[1. States Parties recognize that all persons are equal before (and
under Canada) the law and are entitled without [any discrimination]
(all forms of discrimination Japan) to the equal protection (and equal
benefit Canada) of the law. States Parties shall prohibit any (such
Israel) discrimination on the basis of disability, and guarantee to
all persons with disabilities equal and effective protection against
discrimination. [States Parties shall also prohibit any discrimination
and guarantee to all persons with disabilities equal and effective protection
against discrimination [on any ground such as race, colour, sex, language,
religion, political or other opinion, national (ethnic Canada) or
social origin, property, birth, source or type of disability, age (health
Kenya) (health, marital status, belief, culture African Group) or
any other status. China, Australia] Israel]
2. (a) [Discrimination shall mean any distinction, exclusion (, additional
obligations or burdens New Zealand) or restriction (, condition, act
or policy Israel) which has the purpose or effect of impairing or
nullifying the recognition, enjoyment or exercise by persons with disabilities,
[on an equal footing] (on a basis of equality with others Canada),
of all human rights and fundamental freedoms;] (For the purpose of the
present convention the term discrimination against persons with disabilities
shall mean any distinction exclusion or restriction made on the basis
of disability which has the effect or purpose of impairing or nullifying
the recognition enjoyment or exercise by persons with disabilites on
a basis of equality of human rights and fundamental freedoms in the
political economic, social, cultural civil or any other field- Argentina)
(public, private and familiar Costa Rica)
(b) [Discrimination shall include all forms of discrimination, [including
direct, indirect - Yemen] and systemic, and shall also include discrimination
based on an actual (past Israel) (disability - Canada) or a disability
(that is -Canada) [perceived] (or attributed by society Canada) (imputed
Australia) disability Japan] (or by association with a person with
a disability Australia).
3. [Discrimination does not include a provision, criterion or practice
that is objectively and demonstrably justified by the State Party by
a legitimate aim and where the means of achieving that aim are reasonable
and necessary. (and consistent with international human rights law
Japan, African Group, Canada). Australia]
4. In order to secure the right to equality for persons with disabilities,
States Parties undertake to take all appropriate steps, including by
legislation, [to provide] (to ensure Israel) (adequate and Costa
Rica) [reasonable accommodation Yemen] (acceptable accommodation
Yemen), defined as necessary and appropriate modification and adjustments
to guarantee to persons with disabilities the enjoyment or exercise
on an equal footing of all human rights and fundamental freedoms, [unless
such measures would impose [a disproportionate burden] Kenya] (an
unjustifiable hardship Australia) (unreasonable difficulties China).
(In determining whether the burden in question is disproportionate consideration
should be given to all relevant factors including the availability of
state funding for the purpose of making accommodations- Israel).
5. [[Special] (positive Canada) measures ] (measures of affirmative
action Colombia) (such as positive discrimination and positive action
Israel) aimed at accelerating de facto equality of persons with disabilities
shall not be considered discrimination as defined in the present Convention,
[but shall in no way entail as a consequence the maintenance of unequal
or separate standards; [those measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.
Japan] Lebanon] EU]
(Nothing in this article shall prevent limiting the scope of special
measures on a rational basis in accordance with the severity of the
disability Israel) EU: see article 3bis]
((7 bis) To ensure the right to equality for all persons with disabilities.
States Parties shall take affirmative action measures to benefit all
persons with disabilities. Colombia)
(EU Proposed Article 3bis:
1. States Parties recognise that all persons are equal before the law
and are entitled without any discrimination to the equal protection
of the law. States Parties shall prohibit any discrimination on the
basis of disability, and guarantee to all persons with disabilities
equal and effective protection against discrimination.
2. For the purpose of the present Convention, the term "discrimination
on the grounds of disability" shall mean any distinction, exclusion
or restriction which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise on an equal footing by persons
with disabilities of all human rights and fundamental freedoms.
(a) Direct discrimination shall be taken to occur where one person is
treated less favourably than another is, has been or would be treated
in a comparable situation, on the grounds of disability;
(b) Indirect discrimination shall be taken to occur where an apparently
neutral provision, criterion or practice would put a person having a
disability at a particular disadvantage compared with other persons,
unless that provision, criterion or practice is objectively justified
by a legitimate aim and the means of achieving that aim are appropriate
and necessary or unless measures are taken to eliminate that disadvantage.
3. In order to guarantee compliance with the principle of equal treatment
in relation to persons with disabilities, States Parties undertake to
take all appropriate steps, including by legislation, to ensure that
reasonable accommodation is provided; reasonable accommodation to be
defined as necessary and appropriate modification and adjustments, where
needed in a particular case, to ensure to persons with disabilities
the enjoyment or exercise on an equal footing of all human rights and
fundamental freedoms, unless such measures would impose a disproportionate
burden.
4. Special measures aimed at accelerating de facto equality of persons
with disabilities shall not be considered discrimination as defined
in the present Convention, but shall in no way entail as a consequence
the maintenance of unequal or separate standards; those measures shall
be discontinued when the objectives of equality of opportunity and treatment
have been achieved.
5. In order to secure non-discrimination of persons with disabilities,
States Parties undertake in particular:
(a) to take effective measures to review governmental, national and
local policies, and to amend, rescind or nullify any laws or regulations
which have the effect or purpose of creating or perpetuating such discrimination
wherever it exists;
(b) to embody the principles of equality of opportunity and non discrimination
on the ground of disability in their national constitutions or other
appropriate legislation, if not yet incorporated therein, and to ensure,
through law and other appropriate means, the practical realisation of
these principles;
(c) States shall ensure that the needs and concerns of persons with
disabilities are incorporated into economic and social development plans
and policies, and not treated separately;
(d) to refrain from engaging in any act or practice of discrimination
against persons with disabilities and to ensure that public authorities
and institutions act in conformity with this obligation;
(e) to take all appropriate measures to eliminate discrimination on
the ground of disability by any person, organisation or enterprise;
(f) to raise awareness throughout society regarding disability and persons
with disabilities and foster respect for the rights of persons with
disabilities;
(g) to combat stereotypes and prejudices about persons with disabilities
(h) to promote an image of persons with disabilities as capable and
contributing members of society sharing the same rights and freedoms
as all others and in a manner consistent with the overall purpose of
this Convention.
(i) encouraging all organs of the media to project an image of persons
with disabilities consistent with the purpose of this Convention; -
EU)
Article 8
Right to life
[States Parties reaffirm the inherent right to life of all persons
with disabilities, and shall take all necessary measures to ensure its
effective enjoyment by them. - Argentina] (in particular, in situations
of armed conflicts and natural disasters, in accordance with international
law, human rights, refugee and international humanitarian law Jordan)
(States Parties shall, in accordance to their obligations in the context
of international law and the Universal Declaration of human rights and
international treaties and conventions for the protection of civilians
from armed conflicts, take all necessary measures to guarantee the protection
and care for persons with disabilities that are affected by armed conflicts
or are refugees or are internally displaced persons and under occupation
- Yemen) (including foreign occupation Palestine, Lebanon)
(States Parties recognize that any person with disabilities has an
inherent right to life Argentina)
(States Parties reaffirm the inherent right to life of all persons
and shall take all necessary measures to ensure its effective enjoyment
by persons with disabilities. Costa Rica)
(In accordance with their obligations under international humanitarian
law to protect civilian population in armed conflicts and risk situations,
States Parties shall take all feasible measures to ensure the protection
and care of all persons with disabilities who are affected by armed
conflicts Uganda) (including foreign occupation Palestine)
(States Parties shall ensure to the maximum extent possible the survival
and development of persons with disabilities India)
Article 9
[ Equal recognition as a person before the law]
(Equality under the law Mexico)
[States Parties shall:
[[ (a) Recognize persons with disabilities as individuals with (equal
China) rights before the law (as other persons Uganda) [equal to
all other persons China]; - Mexico] (Recognise persons with disabilities
as subjects of rights and obligations before the law, in equal conditions
to those of persons without disabilities Mexico)
[(b) [Accept- Uganda] (ensure Uganda) that persons with disabilities
have full legal capacity on an equal basis [as others, [including in
[financial Uganda] (political, civil, social, cultural and economic
- Uganda) matters - India] Costa Rica] (except as provided by law
India); - China] EU] Mexico]
(Recognise persons with disabilities as individuals with equal rights
before the law and guarantee equality before the law, without discrimination
against persons with disabilities EU)
(c) [(Endeavour to India) Ensure that where assistance is necessary
to exercise that legal capacity:
(i) The assistance is (to the extent feasible India) proportional
to the degree of assistance required by the person concerned and tailored
to their circumstances, [and does not [interfere Uganda] (undermine
Uganda) with the legal capacity, rights and freedoms of the person;
- EU]
[(ii) Relevant decisions are taken [only - EU] (by a competent, independent
and impartial authority EU) in accordance with a procedure established
by law and with the application of relevant legal safeguards (including
periodic revisions Costa Rica) (including provisions for review -
EU);
[(d) (Endeavour to India) Ensure that persons with disabilities who
experience difficulty in asserting their rights, in understanding information
and in communicating have access to assistance to understand information
presented to them and to express their decisions, choices and preferences,
[as well as to enter into binding agreements or contracts, to sign documents
and act as witnesses; - India] China, EU]
(States Parties Shall endeavour to provide assistance to persons with
disabilities who experience difficulties in exercising their rights
China)
[(e) Take all appropriate and effective measures to ensure the equal
right of persons with disabilities to own or inherit (use or otherwise
dispose of Kenya) property, to control their own financial affairs
and (if the person with disabilities are in need they Vietnam) to
have equal access to bank loans, mortgages and other forms of financial
credit; (bearing in mind the quality and degree of disability Syria)
- Mexico] EU]
(f) Ensure that persons with disabilities are not arbitrarily deprived
of their property. Sierra Leone] Canada]
((g) The State must protect the interests of persons with disabilities
who cannot exercise their legal capacity in reduced/temporarily reduced
situations. In exceptional circumstances when legal safeguards are necessary,
the appointment of third parties as legal guardian/surrogate may be
made in the best interests of persons with disabilities. India)
((g) Take appropriate and effective measures to eliminate physical
(social Botswana) and communication barriers and to reduce understanding
difficulty of persons with disabilities in order to exercise all rights
in judicial procedure which are provided in the international Covenant
on Civil and Political Rights. Japan)
((g) Take all necessary measures to ensure everyone whose rights and
freedoms as recognised in this convention are violated should have an
effective remedy before a national authority, notwithstanding that the
violation has been committed in an official capacity. - Costa Rica)
(1. States Parties shall recognize that, in civil matters, adults with
disabilities have a legal capacity identical to that of other adults
and shall accord them equal opportunities to exercise that capacity.
In particular, they shall recognize that adults with disabilities have
equal rights to conclude contracts and to administer property and shall
treat them equally in all stages of procedure in courts and tribunals.
2. States Parties shall ensure that where adults with disabilities
need support to exercise their legal capacity, including assistance
to understand information and to express their decisions, choices and
wishes, the assistance is proportional to the degree of support required
and tailored to the adults individual circumstances.
3. Only a competent, independent and impartial authority, under a standard
and procedure established by law, can find an adult not to have legal
capacity. States Parties shall provide by law for a procedure with appropriate
safeguards for the appointment of a personal representative to exercise
legal capacity on the adults behalf. Such an appointment should be
guided by principles consistent with this Convention and international
human rights law, including:
(a) ensuring that the appointment is proportional to the adults degree
of legal incapacity and tailored to the adults individual circumstances;
and,
(b) ensuring that personal representatives take into account, to the
maximum extent possible, the adults decisions, choices and wishes.
Canada)
((c) ensuring regular review of the findings of legal incapacity
Jordan)
Article 10
Liberty and security of the person
1. States Parties shall ensure that persons with disabilities:
(a) Enjoy the right to liberty and security of the person, without discrimination
[based on disability Jordan];
(b) Are not deprived of their liberty unlawfully or arbitrarily, and
that any deprivation of liberty shall be in conformity with the law,
and in no case shall be based (solely Canada) on disability.
((c) when lawfully deprived of liberty measures shall be taken to ensure
that they receive rehabilitation while under confinement Uganda)
2. States Parties shall ensure that if persons with disabilities are
deprived of their liberty (through a civil or criminal procedure Mexico),
they are:
(a) Treated with humanity and respect for the inherent dignity of the
human person, and in a manner that (the degree of the violation of freedom
against persons with disabilities should not exceed the general standard
and proper provision of conveniences such as the measure for ensuring
a meeting with the guardian, assistive tools and due medical service
should be properly secured Korea) takes into account [the needs they
have because of - Jordan] (the challenges they encounter due to Jordan)
their disabilities; (fully respecting their rights in conditions of
equality Costa Rica)
(b) Provided with adequate information in accessible formats as to (the
applicable law and China) (their legal rights and - New Zealand) the
reasons for their deprivation of liberty (at the time this occurs
New Zealand);
(c) Provided with prompt access to legal and other appropriate assistance
to:
(i) Challenge the lawfulness of the deprivation of their liberty before
a court or other competent, independent and impartial authority (in
which case they shall be provided with a prompt decision on any such
action);
(ii) [Seek regular review of the deprivation of their liberty; - Japan]
(d) [[Provided with compensation in the case of unlawful deprivation
of liberty, [[or deprivation of liberty based on disability, - Japan]
contrary to this Convention. China] EU, Mexico, Canada]
(Compensated following determination by an appropriate authority that
the deprivation of liberty has been unlawful.- EU)
(The States Parties shall assure to persons with disabilities within
their jurisdiction effective protection and remedies, through the competent
national tribunals and other State institutions, against any unlawful
deprivation of liberty which violates his human rights and fundamental
freedoms contrary to this Convention, as well as the right to seek from
such tribunals just and adequate reparation or satisfaction for any
damage suffered as a result of such acts. Mexico)
((e) States Parties shall guarantee that when persons with disabilities
are detained or imprisoned that they be placed in a site adapted to
their particular circumstances of disability respecting their right
to participate in all activities necessary for them to be reincorporated
in social life Colombia)
(3. i. States Parties shall accept the principle that forced institutionalisation
of persons with disabilities is illegal, save in exceptional circumstances
in accordance with the procedures established by law and with the application
of appropriate legal safeguards.
ii. The law shall provide that in any case of forced institutionalisation
of persons with disabilities, the best interests of the person concerned
will be fully taken into account. EU)
(3. Any person with a disability who has been victim of unlawful deprivation
of liberty shall have an enforceable right to compensation Canada,
Lebanon)
(4. The States Parties shall commit to make a thorough revision of
their legal frame, in criminal and civil matters as well as in execution
of sentences, in order to take into consideration the different types
of disabilities and adapt their legal frame to guarantee the respect
of the human rights of the persons with disabilities who are deprived
of their freedoms for the commission of a crime Mexico)
Article 11
Freedom from torture or cruel, inhuman or degrading treatment or punishment
1. States Parties shall take all effective legislative, administrative,
judicial, educational or other measures to prevent persons with disabilities
from being subjected to torture (in all its forms Algeria) or cruel,
inhuman or degrading treatment or punishment (violence and abuse India).
2. In particular, States Parties shall prohibit, and protect persons
with disabilities from, medical or scientific (and other forms of
Thailand) experimentation without the free and informed consent of the
person concerned, [and shall protect persons with disabilities from
forced interventions (, abduction Uganda) or forced institutionalization
aimed at correcting, improving or alleviating any actual or perceived
impairment. EU, China] (In instances of reduced or temporarily reduced
capacity to give this consent, appropriate objective, neutral legal
procedure and safeguards should be provided in the best interests of
persons with disabilities and legal guardians/surrogates consent should
be obtained where third party interests are concerned/harmed. India)
(3. In order to monitor living conditions and facilities of places
where persons with disabilities are placed, international instruments
shall be applied, as appropriate including, the Optional Protocol of
the Convention against Torture, for the realization of visits by national
or international bodies to detention centres. Mexico)
Article 12
Freedom from violence and abuse
1. [[States Parties recognize Sierra Leone] (Recognizing Sierra
Leone) that persons with disabilities are at greater risk, both within
and outside the home, of (abandonment Republic of Korea) violence,
injury or (mental or physical Mexico) abuse neglect or negligent treatment,
maltreatment or exploitation, including (economic and - New Zealand)
sexual exploitation and abuse Argentina] China]. (Therefore Mexico)
States Parties shall [therefore - EU] take all appropriate legislative,
administrative, social, educational and other measures to protect persons
with disabilities (and their families Jordan) (and to prevent these
forms of violence and abuse by ensuring inter alia (the support for
persons with disabilities and their families or caregivers Trinidad
and Tobago) the provision of information Mexico), both within and outside
the home, from all forms of (abandonment Republic of Korea) violence,
injury or (mental or physical Costa Rica) abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual (and economic
Mexico) exploitation and abuse.
2. [Such measures should prohibit, and protect persons with disabilities
from (abduction and save in exceptional circumstances according to a
procedure with appropriate safeguards established by law, intrusive
or forced Canada), forced interventions or forced institutionalization
aimed at correcting, improving or alleviating any actual or perceived
[impairment Canada] (disabilities Canada), and [abduction. Argentina,
Mexico] EU]
(States shall take the necessary measures to ensure that medical and
related interventions, including corrective surgery, are not undertaken
without the free and informed consent of the person concerned EU)
(States Parties recognise that armed conflicts particularly undermine
the freedom from violence and abuse of persons with disabilities. States
Parties shall, therefore, take all appropriate legislative, administrative,
social, educational and other measures to protect persons with disabilities
from armed conflict. Kenya)
3. [States Parties shall also take all appropriate measures to prevent
violence, injury or abuse, neglect or negligent treatment, maltreatment
or exploitation, including (economic and - New Zealand) sexual exploitation
and abuse (especially against children and women with disabilities
India), by ensuring, inter alia, support for persons with disabilities
and their families, including the provision of information (and education
about how to avoid, recognise and report instances of the above. States
Parties shall also ensure those working with persons with disabilities
are trained to identify and prevent such instances New Zealand) (and
other appropriate forms of assistance and support. In such cases States
Parties shall take all appropriate measures to promote their physical
and psychological recovery and reintegration into communities India)
- EU]
(Such measures shall include the provision of appropriate information
to persons with disabilities and their families EU)
(3 bis. i. States Parties shall accept the principle that forced intervention
of persons with disabilities is illegal, save in exceptional circumstances
in accordance with the procedures established by law and with the application
on appropriate legal safeguards.
ii. The law shall provide that in any case of forced intervention on
persons with disabilities, the best interests of the person concerned
will be fully taken into account.- EU)
4. [States Parties shall ensure that all facilities and programmes,
both public and private, where persons with disabilities [are placed
together, separate from others, - Uganda] (live or access services
Uganda) are effectively monitored to prevent the occurrence of violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual exploitation and abuse. New Zealand]
(Recognizing that persons with disabilities are more at risk of violence,
injury or abuse neglect or negligent treatment, maltreatment or exploitation,
including economic and sexual exploitation and abuse in segregated facilities
and programmes where persons with disabilities are placed together,
separate from other people, States Parties shall ensure that those facilities
and programmes, both public and private, are effectively monitored by
independent authorities, which include persons with disabilities, and
the monitoring reports made available to the public. New Zealand)
5. [Where persons with disabilities are the victim of any form of violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including (economic and - New Zealand) sexual exploitation and abuse
Mexico], States Parties shall take all appropriate measures to promote
their physical and psychological recovery (, rehabilitation Philippines)
and social reintegration (including through the provision of protection
services Trinidad and Tobago). (Such recovery and reintegration shall
take place in an environment which fosters the health, self respect,
dignity and autonomy of the person. New Zealand)
6. States Parties shall (endeavour to India) [ensure - Canada] (encourage
Canada) the identification, reporting, [referral New Zealand], and
investigation, [treatment EU] (prosecution EU, Canada) [and follow-up]
of (all New Zealand) instances of [violence and abuse] (violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including economic and - New Zealand) sexual exploitation and abuse,
(and their timely referral to appropriate protection agencies and, where
necessary, to the courts New Zealand) [and the provision (as appropriate
EU) of protection services and (adequate deterrence and effective
sanctions, including as appropriate Costa Rica), [as appropriate
EU], [judicial involvement] (legal remedies Sierra Leone). India]
(the provision of protection services and where necessary access to
judicial interventions should also be made available India).
(States Parties reaffirm the rights of persons to make choices over
their bodies and shall ensure that persons with disabilities are not
subjected to sterilization or forced abortion Uganda)
(States Parties shall ensure that all facilities and programmes, public
and private, where persons with disabilities are placed, are effectively
monitored, in coordination with civil society, of these forms of violence
and abuse. Mexico)
Article 13
Freedom of expression and opinion, and access to information (Right
to information and communication Costa Rica)
(The right of access to information Israel) (and to promote facility
of expression India)
(States Parties undertake to ensure the enjoyment of the right to
information and communication to persons with disabilities. In this
regard Costa Rica) States Parties shall take appropriate measures
to ensure that persons with disabilities can exercise their right to
freedom of expression and opinion through ([alternative] (appropriate
Liechtenstein) modes of communication of their choice, where appropriate,
including Costa Rica) Braille, sign language [and other modes of communication
of their choice, - Costa Rica] and to seek, receive and impart information,
[on an equal footing Costa Rica] (on conditions of equality Costa
Rica) (on the basis of equality Canada) with others, including by:
(a) [Providing [public EU] (official - EU) information - Japan]
(Taking appropriate steps to provide public information Japan) to
persons with disabilities, [[on request Thailand, Kuwait], in a timely
manner Namibia] and without additional cost, (and without tax Morocco)
in accessible formats [and technologies [of their choice EU, New Zealand],
- Argentina] (and technologies appropriate to different disabilities
Argentina) taking into account different kinds of disability;
(b) Accepting (and promoting - Mexico) the use of [alternative New
Zealand] (a variety of New Zealand) modes of communication by persons
with disabilities in official interactions;
(c) [Educating persons with disabilities] (Providing education programmes
aimed at teaching persons with disabilities and their families [alternative
New Zealand] (a variety of communication modes New Zealand) [and
augmentative New Zealand] Costa Rica) (Providing education and learning
Jordan) (and non-disabled persons wishing to communicate with persons
with disabilities Lebanon) (their families and the general public
Trinidad and Tobago) to use [alternative New Zealand] (a variety
of communication modes New Zealand) [and augmentative New Zealand]
modes (and providing opportunities for those concerned with persons
with disabilities to be educated in augmentative and alternative communication
modes - Yemen);
[(d) (Promoting and where appropriate EU, New Zealand) Undertaking
[and promoting EU, New Zealand] the research, development and production
of new technologies, including information and communication technologies,
and assistive technologies, [[suitable Thailand] (accessible Thailand)
(and affordable Philippines) for - Canada] (in consultation with
Canada) persons with disabilities; (and ensuring access to these technologies
by all countries Trinidad and Tobago) (, guided by the principle of
universal design Thailand) New Zealand]
(e) Promoting other appropriate forms of assistance and support to persons
with disabilities (including expanding the necessary level of expertise
to assist persons with disabilities Rep. of Korea), (and where necessary
their parents and care givers Uganda) to ensure their access to information
(,including training of interpreters, and access to new information
and communication technologies Costa Rica);
(Providing training of life assistance and intermediaries such as sign
language and tactile interpreters, note takers, readers and others
Lebanon)
(f) [Encouraging Yemen] (Obliging Yemen) (Ensuring Uganda) (Requiring/ensuring
Jordan) private (and public Trinidad and Tobago) entities (, including
the mass media Liechtenstein) that provide services to the general
public to provide information and services in accessible and usable
formats for persons with disabilities;
[(g) [Encouraging Yemen] (Obliging Yemen) (Requiring/ensuring
Jordan) the mass media to make their services accessible to (children
and Jordan) persons with disabilities. Liechtenstein]
((h) Developing a national sign language Uganda)
(Promoting that persons with disabilities enjoy the new information
and telecommunication technologies Mexico)
((h) Providing information to persons with disabilities about mobility
aids, devices and other forms of assistive devices and technologies
South Africa)
(2. States Parties will take all appropriate measures to ensure that
accessible information and communication technologies be designed, developed
and produced at an early stage so that the information society becomes
inclusive at minimum cost - Lebanon)
Article 14
Respect for privacy, the home and the family
(Respect for privacy, marriage and family China)
(Respect for privacy South Africa)
1. [[Persons with disabilities, [including those living in institutions
Canada] (should they have decided to do so Yemen) shall not be subjected
to arbitrary or unlawful interference with their [privacy Argentina,
EU] (private life Argentina, EU), and [shall Costa Rica] have the
right to the protection of the law against such interference (in all
fields Costa Rica). Liechtenstein] States Parties to this Convention
shall take effective measures to protect [the privacy Liechtenstein]
(the private and family life Liechtenstein) [of the home, family,-
Costa Rica] (different kinds of communication Mexico) (communication
including Kenya) [correspondence - India] (communication India)
(communications, information and documents Costa Rica) and medical
records of persons with disabilities (equally with other persons Japan)
and their (freedom of EU) [choice Liechtenstein] (freedom- Liechtenstein)
to take decisions on personal matters. Qatar]
(No person with disability, including those living in institutions,
shall be subjected to arbitrary or unlawful interference with his or
her privacy, family, home. Correspondence, medical records or choice
to take decisions on personal matters, nor to unlawful attacks on his
or her honour and reputation - Qatar)
2. States Parties to this Convention shall take effective and appropriate
measures (to encourage the full participation in family life by persons
with disabilities and Qatar) to eliminate discrimination against persons
with disabilities in all matters relating to (their private life including
Mexico) marriage and family relations (in all forms South Africa),
and in particular shall [ensure Argentina] (take appropriate measures
aimed at -Argentina):
[(a) [[That persons with disabilities are not denied the equal opportunity
to experience their sexuality, (within the framework of legitimate marriage
Libya, Saudi Arabia) and have (responsible - Philippines) [sexual
and other intimate relationships Libya] (including marriage Costa
Rica) and experience parenthood (in accordance to national legislation
Israel) (, taking into account the best interest of the woman and
the child New Zealand Philippines); - Iran] (through legitimate
marriage Syria) Qatar] (in accordance with the various religious
and social conventions and traditions Yemen).
(the promotion of measures to change prevailing negative attitudes towards
the marriage and sexuality of persons with disabilities, especially
girls and women with disabilities, and their founding a family, and
the encouragement of the media to play an important role in removing
such negative attitudes - Qatar)
(b) The right of [all men and women with disabilities China] ((all
South Africa) persons with disabilities China) (to establish and
fully develop intimate relations, including marriage - Costa Rica) [who
are of marriageable age to marry Costa Rica] (under appropriate laws
India) [on the basis of free and [full Canada] (informed Canada)
consent of the intending spouses - China], and to [found a family
India, Qatar] (on an equal basis with other persons - China) (to establish
family relations and practice parenthood Qatar) (bring up a family,
and be provided with information and counselling wherever necessary
on full dimension and responsibilities of marriage India); (in accordance
with the precepts of religion, convictions and various customs Yemen)
(and experience their sexuality and parenthood Iran)
((b bis) the rights of persons with disabilities to reproduction, prohibiting
all practices aimed at involuntary sterilization and/or inhibiting the
exercise of the right to reproduction on the basis of prejudices about
persons with disabilities Costa Rica)
(c) The rights of persons with disabilities to (retain their fertility,
New Zealand, Thailand) decide freely and responsibly on the number and
spacing of their children [on an equal basis [with other persons - Costa
Rica] - EU, Mexico] (including protection against non-consensual sterilisation
Kenya) (States Parties shall also ensure that persons with disabilities
are not subject to forced sterilization Mexico) and to [have - India]
(be provided with India) access to information (, advice Morocco),
reproductive (, sex Yemen) and family planning education, and the
means necessary to enable them to exercise these rights; - Holy See]
(The right of men and women with disabilities of marriageable age to
marry and found a family shall be recognized, and no marriage shall
be entered into without the free and full consent of the intending spouses
Holy See)
[(d) [The rights of New Zealand] (That New Zealand) persons with
disabilities (have the same rights as other persons New Zealand) with
regard to guardianship, wardship, trusteeship and [adoption Syria,
Qatar, Bahrain] (or guardianship Yemen) (guardianship - Syria) (and
sponsorship Yemen) of children, or similar institutions where these
concepts exist in national legislation (; in all case the interests
of the child shall be paramount New Zealand) (, subject to the best
interests of the child and in accordance with national legislation-
Israel). [For the purpose of guaranteeing these rights, States Parties
shall render appropriate assistance to [disabled parents EU] (persons
with disabilities EU, Serbia and Montenegro) (with available resources
Qatar) dr 6 in the performance of their child-rearing responsibilities;
- India, Costa Rica]. (These rights may be restricted in exclusive situations
specifically stipulated in national legislations Russian federation)
(e) That a child shall not be separated from his or her parents [against
their will, except when competent authorities subject to judicial review
determine, in accordance with applicable law and procedures, that such
separation is necessary for the best interests of the child. [The child
shall not however be separated from parents with disabilities on the
basis [either directly or indirectly Japan, EU, Mexico] (all kinds
Japan) (solely EU, Australia, Norway) of their disability; - Argentina,
Uganda] (render appropriate assistance to parents of children with disabilities
to enable their children to live with them Uganda) (or the disability
of their children. The decision on the separation should be provisional
and subject to periodical review Jordan, Morocco, Thailand, Saudi
Arabia)
(f) [The promotion of awareness and the provision of information aimed
at changing negative perceptions and social prejudices towards sexuality,
[marriage Costa Rica] (intimate relations including marriage Costa
Rica) and parenthood of persons with disabilities. EU, Qatar] China]
EU]
(States Parties to this Convention shall ensure that there is no discrimination
against persons with disabilities in regard to guardianship, wardship,
trusteeship and adoption of children, or similar institutions where
these concepts exist in national legislation. States Parties shall render
appropriate assistance to disabled persons in the performance of their
child rearing responsibilities.
States Parties shall ensure that a child shall not be separated from
his or her parents against their will, except when competent authorities
subject to judicial review determine, in accordance with applicable
law and procedures, that such separation is necessary for the best interests
of the child. The child shall not however be separated from parents
with disabilities on the basis solely of their disability;
States Parties shall take appropriate measures to change negative perceptions
and social prejudices towards sexuality, marriage and parenthood of
persons with disabilities- EU)
(States Parties shall take effective and appropriate measures to raise
public awareness and provide information to change negative perception
and social prejudices towards sexuality, marriage and parenthood of
persons with disabilities China)
(NEW PARAGRAPH Mexico)
Article 15
Living [independently - New Zealand] and being [included South Africa]
(integrated South Africa) in the community
(Independent community living Jordan)
(Inclusion in the community and independent living Mexico)
(Right to a life of independence in the community India)
(Independent living and social reintegration Yemen)
[States Parties to this Convention shall take effective and appropriate
measures to enable persons with disabilities [to decide [to live (in
New Zealand) [independently New Zealand] and (to New Zealand)
be fully included (States Parties shall New Zealand) [in New Zealand]
(as members of New Zealand) the community, [[including by New Zealand]
[ensuring New Zealand] (ensure New Zealand) that - Argentina] (with
a view to Argentina) (persons with disabilities Jordan) : - India]
- Mexico - EU] (an independent lifestyle and to be able to enable persons
with disabilities to decide for an independent lifestyle and to be able
to choose their place and structure of residence, without barring the
possibility of being fully integrated in the community and in their
families, including by ensuring that: Mexico)
(States Parties shall take appropriate measures to facilitate persons
with disabilities to live independently and be fully included in the
community, including measures aimed at ensuring that: - EU)
(a) [Persons with disabilities Jordan] have the equal opportunity
to [choose their place of residence and living arrangements India,
New Zealand] (exercise their choice of living independently or with
their family respecting social and cultural practices of family norms
and be included in the community India) (determine how, where, and
with whom they live New Zealand);
(b) [[Persons with disabilities Jordan] are not obliged to live in
an institution or in a particular living arrangement (save as provided
in Article 10 EU) (unless where it is found appropriate South Africa);
- Argentina, Sierra Leone, Canada, South Africa, Russian Fed.]
((b bis) Children with disabilities live with their own family or, where
that is not possible, (favour that children with disabilities Lebanon)
live in another family situation (whenever possible Lebanon) New
Zealand)
(c) [[[That New Zealand] persons with disabilities Jordan] have
access to a range of [in-home - Kuwait], [residential New Zealand]
(options - Kuwait) and other community (based Canada) support services,
including personal assistance, necessary to support [living and inclusion
- New Zealand] (them to live where they choose, to participate New
Zealand) in the community, [and to prevent isolation or segregation
from the community - Kuwait]; - EU]
(d) Community services (and facilities New Zealand) [for the general
population India] are available [on an equal basis EU] (without
discrimination - EU) to persons with disabilities and (have access to
community services that Jordan) are responsive to their needs; (Persons
with disabilities are allowed to become members and active participants
in community organisations and instrumentalities of their choice. There
shall be policies and facilities to assist persons with disabilities
to qualify for membership and to be able to participate Philippines)
(Persons with disabilities have right to participate to and benefit
from all available community services on an equal basis with the general
population Vietnam)
((d bis) Community support services are provided in a manner that recognises
the autonomy, the individuality and dignity of persons with disabilities)
(e) [[Persons with disabilities Jordan] (their families and caretakers
Botswana) have access to information about [available New Zealand]
(community services including New Zealand) (community Botswana)
support services.
((f) Support to the families who are taking care of persons with disabilities
and also provide material and moral support and provide them with the
necessary assistance to ensure the inclusion of persons with disabilities
in society Morocco)
((f) Persons with disabilities who require assistance communicating
have access to necessary and appropriate support to enable them to express
their decisions, choices and wishes Canada)
(2. States Parties shall also take appropriate measures to promote
the provision of life assistance in order to enable persons with disabilities
to live independently EU)
(2. States Parties shall take appropriate steps to make accessible
for persons with disabilities:
(a) a range of in-home, residential and other community support services,
including personal assistance necessary to support living and inclusion
in the community and to prevent isolation or segregation from the community;
(b) community services for the general population, on an equal footing
with others in a manner responsive to their needs. Japan)
(Proposed article 15 bis: Women with Disabilities
1. State Parties undertake to ensure the enjoyment of full and equal
rights and freedoms by women with disabilities and their equal participation
in political, economic, social and cultural activities without any discrimination
on the basis of their gender and/or disabilities.
2. State Parties shall take the following steps from a gender perspective
so as to ensure that women with disabilities are able to live with dignity
in freedom, safety, and autonomy.
(a) Include a separate reference to the protection of the rights of
women with disabilities in laws pertaining to women and persons with
disabilities;
(b) Incorporate women with disabilities in social surveys and statistics
collection efforts and collect gender-disaggregated data on persons
with disabilities;
(c) Protect the motherhood of women with disabilities by developing
and disseminating policies and programs for assistance based on the
recognition of the special needs of women with disabilities in pregnancy,
childbirth and post partum health care and child-care;
(d) Ensure that women with disabilities are not deprived of their right
to work due to their pregnancy or childbirth, and provide the necessary
assistances in this regard;
(e) Ensure that women with disabilities are protected from sexual exploitation,
abuse and violence at home, institutional facilities and communities.
Rep. of Korea)
[ Article 16
Children with disabilities
[1. States Parties [undertake India] (shall endeavour India) to
ensure that [each child South Africa] (children South Africa) with
a disability [within their [jurisdiction Kuwait] Liechtenstein]
shall enjoy, without discrimination of any kind on the basis of disability,
the same rights and fundamental freedoms as other children.
2. States Parties [recognize Uganda] (shall ensure Uganda) (also
undertake to ensure the creation of conditions under which -Sierra Leone)
[that Sierra Leone] children with disabilities [should Sierra Leone]
(will Sierra Leone) enjoy a full (active Sierra Leone) and decent
life, [in conditions that ensure dignity, promote self-reliance [and
autonomy], (autonomy and citizenship Holy See) and facilitate the
childs active participation in the community.- Sierra Leone] (in dignity
within their respective communities Sierra Leone).
(2 bis. States Parties recognise the evolving capacities of children
with disabilities in the exercise of their rights, and the right of
children with disabilities to express their views freely on all matters
affecting them, their views being given due weight in accordance with
the childs age and maturity. Canada)
[3. States Parties recognize the right of children with disabilities
to inclusive care, which shall include:
(a) [Early provision of appropriate and comprehensive services (including
early detection, intervention and rehabilitation - Vietnam) India];
(Provision of early detection, early referral and early intervention
services, including counselling for parents. India)
(b) The extension, [subject to available resources Kenya, South Africa],
to the eligible child and those responsible for his or her care, [of
assistance for which application is made and which is appropriate to
the childs condition and to the circumstances of the parents or others
caring for the child. South Africa] - Sierra Leone]
(States Parties undertake to provide and extend as far as possible
free of charge appropriate early comprehensive services to the child
as well as to their parents and others caring for the child. The provision
and extension of these services shall be designed to ensure that a child
with disabilities has effective access to, inter alia, education, training,
participatory recreational activity and activities for the childs cultural
and spiritual development Sierra Leone)
[4. Recognizing the needs of children with disabilities, assistance
extended in accordance with (actual circumstances of children with disabilities
Vietnam) paragraph 3 of the present article shall be provided [free
of charge Vietnam], whenever possible, taking into account the financial
resources of the parents or others caring for the child and shall be
designed to ensure that a child with a disability has effective access
to and receives education, training, health-care services, comprehensive
[re]habilitation services, preparation for employment and recreation
opportunities in a manner conducive to the childs achieving the fullest
possible social [integration Uganda] (inclusion Uganda) and individual
development, including his or her cultural and spiritual development.
Sierra Leone]
(States Parties shall provide the child with disabilities and his or
her parents with appropriate information referral and counselling ensuring
in all circumstances that the child maintains his or her self esteem
and a positive view of his or her potential and right to live a full
and inclusive life. Sierra Leone)
5. Children with disabilities and their parents (or their caregivers,
Jordan) [other persons caring for or legally responsible for the child
- Jordan] shall be provided with appropriate information, referrals
and counselling, [and information made available in these ways Jordan]
[should Uganda] (shall Uganda) provide them with a positive view
of their potential and right to live a full and inclusive life. - Japan]
EU]
(States Parties shall recognise and take appropriate measures to respect
the rights of children with disabilities in accordance with Article
23 of the Convention on the Rights of the Child and other relevant provisions
of this Convention - Japan)
(5bis States Parties recognize the vulnerability of children to sexual
abuse and exploitation and shall endeavour to ensure their protection.
5ter States Parties recognise that the child, for the full and harmonious
development of his or her personality, should grow up in a family environment.
In the case of destitute or orphaned children, it shall be the duty
of the State to make provision for adoption or legal guardianship as
per prevalent laws, as also for respite and residential care, as appropriate.
5quart States Parties shall respect the rights and duties of parents
and, when applicable, legal guardians to provide direction to the child
in the exercise of his or her rights in a manner consistent with the
evolving capacities of the child.
5sext States Parties shall promote, in the spirit of international
cooperation, the exchange of appropriate information in the field of
health care, preventive health care, including dissemination of and
access to, information concerning methods of rehabilitation, education,
vocational training and services with the aim of enabling States Parties
to improve their capabilities, skills, human resource development and
research, in order to widen their experience in all these areas of expertise.
In this regard, particular account shall be taken of the needs of developing
countries. India)
(6. States Parties shall ensure that in all decisions concerning children
with disabilities whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be of primary consideration
Uganda)
(6. Where children with disabilities are unable to live with their
families, States Parties shall make every effort to provide alternative
family care in their community, and such placements shall be in the
childs best interests. Canada)
(7. States Parties shall undertake to prohibit the sterilisation of
children and young people with disabilities Uganda)
(In accordance with their obligations under international humanitarian
law to protect the civilian population in armed conflicts, States Parties
shall take all appropriate measures to ensure protection and care of
children with disabilities who are affected by an armed conflict, including
foreign occupation Palestine)
Article 17
Education (and training Australia, South Africa, Trinidad and Tobago)
(Education, training and lifelong learning Jordan)
1. States Parties recognize the right of all persons with disabilities
to education (and training Australia) (in all stages of life and all
educational levels and services Costa Rica, Mexico, Trinidad and Tobago).
[[With a view to achieving this right [progressively Sierra Leone,
Kenya, Thailand] and on the basis of equal opportunity, the education
of [[children Russian Fed.] (persons Russian Fed., Argentina, Costa
Rica, New Zealand, Bahrain, Kenya, South Africa, Serbia and Montenegro,
Thailand, Mexico, Rep. of Korea, Trinidad and Tobago) with disabilities
Mexico] (persons with disabilities shall take into account their best
interests and - Mexico) shall be directed to: -EU] (The education of
persons with disabilities shall be directed to EU)
(a) The full development of the human potential and sense of dignity
and self-worth, and the strengthening of respect for human rights, fundamental
freedoms and human diversity;
((a bis) address the issues of disability, persons with disabilities
and human rights in the curriculum of all educational programs Costa
Rica)
(b) Enabling all persons with disabilities to participate effectively
(and equitably South Africa) in a free (and inclusive Mexico) society;
(c) The development of (self identity, talent, creativity - Costa Rica)
the [childs Russian Fed.] personality, talents and mental and physical
(cultural and spiritual Bahrain) abilities (of persons with disabilities
Russian Fed) to their [fullest EU] (full EU) potential;
[(d) [[Taking into account EU] (Promoting EU) the best interests
of [the child Russian Fed., Trinidad and Tobago] (children Trinidad
and Tobago) (persons with disabilities Russian Fed.), (while respecting
the rights and responsibilities of parents and, when applicable, legal
guardians concerning the childs education Holy See) in particular
by individualizing education plans (and granting, if need be, possibilities
of education at home Russian Fed.). China, Mexico] New Zealand]
(Satisfy the special educational needs of persons with disabilities.
Mexico)
(and agree that:
a. education shall be directed to the full development of the human
personality and sense of dignity and strengthen the respect for human
rights and fundamental freedoms;
b. education shall enable all persons with disabilities to participate
effectively in a free society,
c. education shall promote understanding, tolerance and friendship among
all nations and all racial, ethnic or religious groups, and
d. education shall further the activities of the United Nations for
the maintenance of peace. - China)
((e) Granting to all persons with disabilities a professional training
and retraining taking their physical and psychological limitations into
account Russian Fed.)
[2. [In realizing this right, States Parties shall (endeavour to
EU, Costa Rica, Australia) (take all possible steps to Israel) ensure:
(a) [[That all persons with disabilities can choose Israel] (the availability
of Israel) inclusive and accessible education (and training Australia)
in [their own - Israel] (each Israel) community (including access
to early childhood and pre-school education); (taking account of medical
and social recommendations Russian Fed.) EU]
(That persons with disabilities can avail of inclusive and accessible
education (including equal access to early childhood and preschool education)
and that such education shall be provided to the (maximum Costa Rica)
extent possible in the communities in which they live EU, Japan)
(Priority is given to the integration of children with disabilities
in the general school system Israel)
(b) [The EU] [provision of [required Thailand] (needed Thailand)
support, including the specialized training of teachers, (instructors
Costa Rica) [school counsellors and psychologists - Lebanon] -EU]
(other educational staff as needed Lebanon) (sociologists Yemen)
(appropriate support including specialised training for teachers and
other staff EU), an accessible curriculum, an accessible teaching
medium (materials Costa Rica, Mexico) and technologies, (appropriate
assistive devices Mexico) alternative and augmentative communication
modes, alternative learning strategies, an accessible physical environment,
(long distance education Serbia and Montenegro) or other reasonable
accommodations to ensure the full participation of [students Mexico]
(persons Mexico) with disabilities;
(Accessibility of the school system to persons with disabilities whose
children study in the school, on an equal footing, with other parents.
Appropriate representations for teachers with disabilities in the school
system, including by way of prevention of discrimination on the basis
of disability in recruitment and throughout the course of employment
and making reasonable accommodations in recruitment and throughout the
course of employment. Israel)
(c) That no [child Bahrain] (person Bahrain) with disabilities
is excluded from [free and [compulsory Yemen] Bahrain] (mandatory
Yemen) primary (and intermediate Bahrain) education on account of
[their - Holy See] (his or her Holy See) disability (unless accommodation
of the childs needs on account of his or her disability would impose
an extremely unreasonable burden Israel) (and measures shall be taken
to meet their educational needs Uganda).
((d) promote access to scholarships and financial resources for persons
with disabilities, without restricting that access for only those who
curse compulsory primary education. Mexico)
(States Parties shall encourage the employment of teachers with disabilities
in their general education systems and shall ensure the removal of legislative
barriers to persons with disabilities becoming teachers and shall raise
awareness on the needs of children with disabilities - Uganda)
3. (Acknowledging that education of persons with disabilities in the
general education system should be the rule, and the provision of specialist
education services the exception Morocco) [States Parties shall ensure
that where the general education (and training Australia) system does
not adequately meet the needs of persons with disabilities special and
alternative forms of [learning - Yemen] (education Yemen, New Zealand)
should be made available. Any such special and alternative forms of
[learning Yemen, Mexico] (education Yemen, New Zealand) (teaching
Mexico) should: - EU]
(Where the general education system does not yet adequately meet the
needs of persons with disabilities States Parties shall take appropriate
measures to promote alternative forms of education. Any alternative
forms of education provided under this article should: - EU)
(a) [Reflect the same standards and objectives provided in the general
education (and training Australia) system; - EU]
(Be closely linked to and reflective of the same curriculum and aim
to reflect the same standards and objectives provided in the general
education system, taking into account the learning and development needs
of persons with disabilities. - EU)
(b) Be provided in such a manner as to allow children with disabilities
to participate in the general education system to the maximum extent
possible;
[(c) Allow [a free and informed EU] for choice between general and
special (education EU) systems; (upon careful consideration of the
best interests of students with disabilities Japan) (The level of
specialised education must be identical to the one of general education
so as to be able to raise persons with disabilities to the level of
non disabled people and give them access to higher education Libya)
Jordan]
(d) In no way limit the duty of States Parties to continue to strive
to meet the needs of students with disabilities in the general education
system. - China]
(States Parties shall take effective and appropriate measures to progressively
realize the rights of persons with disabilities to education on an equal
basis.
a. In order to develop an inclusive and accessible general education
to meet the needs of persons with disabilities, States Parties shall
provide support, including the specialised training of teachers, school
counsellors and psychologists, an accessible curriculum, an accessible
teaching medium and technologies, alternative and augmentative communication
modes, alternative learning strategies, accessible physical environment,
or other reasonable accommodations to ensure the full participation
of students with disabilities;
b. Where the general education does not adequately meet the needs of
persons with disabilities, States Parties shall develop special or alternative
forms of education. Any such special or alternative forms of education
should:
(i) Adhere to the standards and objectives provided in the general education
system, and
(ii) In no way be a barrier for persons with disabilities to participate
in the general education. - China)
4. [States Parties shall (endeavour to Australia) ensure that [children
Mexico] (persons - Mexico) with sensory disabilities [may choose to
be taught Mexico] (have access to Mexico) sign language or Braille,
as appropriate, and [to receive the curriculum (using alternative modes
of communication, including Costa Rica, Australia) in sign language
or Braille (as appropriate Costa Rica) (or other modes of communication
Yemen). Mexico] (to facilitate their learning process and to follow
the curriculum Mexico). States Parties shall take appropriate measures
to ensure quality education (and training Australia) to [students
Mexico] (persons Mexico) with sensory disabilities by (encouraging
and promoting Australia) [ensuring Australia] the employment of
teachers who are fluent in sign language or Braille. EU, South Africa]
(States Parties shall take appropriate measures to ensure that persons
with disabilities may choose to be taught using a variety of communication
modes and shall work to ensure quality education to students with disabilities
by ensuring that teachers are able to use different communication modes.
EU, Japan)
(Deaf and deaf blind persons have the right to receive education in
their own groups and to become bilingual in sign language in their national
spoken and written languages. Costa Rica)
5. States Parties shall (endeavour to Australia) (take all possible
steps to Israel) (take appropriate measures to China) ensure that
[persons with disabilities [may access Israel] (in relation to Israel)
[general Lebanon, South Africa] (all academic and technical education
in public or private institutions at all levels of education- Lebanon)
China] (have equal opportunity to access China) (secondary and
EU, Thailand) tertiary education, vocational training, (professional
training Kenya), adult education and lifelong learning (and teaching
South Africa) [on an equal basis South Africa] (on an equitable
basis South Africa) with others (and with appropriate assistance
Australia). [To that end Israel] (In order to secure the implementation
of the provisions of the paragraph Israel), States Parties [shall
render [appropriate - Thailand] (needed Thailand) [assistance South
Africa] (support South Africa, Thailand) to persons with disabilities.
EU, China, New Zealand, Australia]. (shall ensure that reasonable
accommodation is provided. EU). (States parties shall guarantee that
their national education systems recognize and certify skills acquired
through alternative forms of vocational training for persons with disabilities
Lebanon)
((a) Persons with disabilities have access to all such systems including
by way of accommodations in examinations and in the curriculum on an
equal basis with others;
b) appropriate representation for persons with disabilities and staff
in all of the above systems, including by way of prevention of discrimination
on the basis of disability and the making of reasonable accommodations
in employment and recruitment in such systems. Israel)
(5bis a) ensure non discriminatory access to the learning environment;
b) ensure enabling environment that ensures equitable participation
of students with disabilities in the learning process. - South Africa)
(States Parties shall ensure that vocational rehabilitation, training
and retraining opportunities are open to people who acquire a disability
in the course of their working life. Uganda)
(The State shall provide for functional education to persons with severe,
intellectual and multiple disabilities on a continued basis India)
Article 18
Participation in political and [public life Jordan] (public affairs
Jordan)
[[States Parties [recognize Uganda] (shall ensure - Uganda) the political
rights of persons with disabilities (and their role in public administration
Uruguay), [without discrimination Costa Rica] (on the basis of effective
equality and to guarantee its effective enjoyment - Costa Rica), and
undertake to: - Argentina, Lebanon]
(Shall guarantee the political rights of persons with disabilities without
undue restrictions and undertake to: Argentina)
(States Parties shall guarantee to all persons with disabilities the
full participation to political and public life without any discrimination
or restriction, and shall undertake to: - Lebanon)
(a) [Actively promote an environment in which [persons China] (citizens
China) with disabilities can effectively and fully participate in
political [and public Japan, China] life, directly or through freely
chosen representatives (in the countries that approve of indirect voting
Lebanon) Morocco] (Allow persons with disabilities to participate
effectively, fully and freely in political and public life Morocco),
[including (by guaranteeing Namibia) [the right and opportunity of
[citizens - Namibia] (persons Namibia) with disabilities - China]
Japan] (exercise the right China) (by providing citizens with disabilities
with opportunities Japan) to vote and (to China) [be elected India]
(stand for election India) (in accordance with election law China),
and by [ensuring that Australia] (promoting Australia) (political
processes, - Costa Rica) (taking measures to establish and maintain
Japan) voting procedures and facilities (that Australia):
(i) Are appropriate, accessible and easy to understand (and use Canada);
(ii) Protect the right of citizens with disabilities to (make a free
and informed decision Costa Rica) vote by secret ballot; and
(iii) [[Allow, where necessary, (and at the citizens request Costa
Rica) the provision of [assistance (of their choice Uganda) in voting
to citizens with disabilities Costa Rica] (the required support to
exercise their vote Costa Rica) (when they so request Guatemala)
(introducing the necessary adaptations that will facilitate the use
of new technologies Uruguay) Morocco] (Ensure that the necessary
support is provided to citizens with disabilities to vote Morocco)
Chile]; (Guarantee the effective exercise of the right of suffrage
to all citizens with disabilities who request it, and the necessary
assistance to this effect, including the alternative of assisted voting,
which does not impede the secrecy of the ballot indicated in the previous
point - Chile)
(b) Actively promote an environment in which persons with disabilities
can effectively and fully participate in [the conduct of public administration
Argentina] (direction of public issues Argentina) (without discrimination
EU), [and shall [encourage, as appropriate Yemen] (ensure Yemen),
their participation in public affairs China], including [to Japan,
China] (their Japan):
(i) Participate (participating Japan) [on a basis of equality EU,
Australia] (on an equal basis to others Australia) in the activities
and administration of political parties and civil society;
((i bis) take all appropriate measures to ensure that PWD without any
discrimination have the opportunity to represent their governments and
to participate in the work of international organisations - Kenya
(ii) [Form and join Japan] (establishing and adhering to Japan)
organizations [of persons with disabilities Mexico] to represent persons
with disabilities at (local Namibia) (international Uganda, Yemen)
national, regional and local levels;
((iii) represent their states at national, regional and international
levels to participate in the work of international organisations Namibia)
[(c) Ensure that persons with disabilities and their organizations [participate,
on an [equal basis South Africa] to others EU] (equitably South
Africa) (can participate without discrimination and on an equal basis
to other citizens EU), in all decision-making processes, [[in particular
those [concerning China] issues relating to [persons with disabilities
Peru] South Africa] Chile] (public and political life Peru,
Guatemala) (in matters of public interest and the persons with disabilities
in particular, implying their participation in the design, implementation,
control and evaluation of public policies, as well as legislative proposals
Chile). (including to: (i) participate in the formulation, implementation
and evaluation of plans and programmes for national and regional development
- Namibia) New Zealand]
((d) enable persons with disabilities to participate in the formulation,
implementation and evaluation of plans and programmes for local, national
and regional development, which may affect them Kenya) - New Zealand]
((d) to ensure that persons with disabilities can access national parliaments
and/or local government legislative bodies and be properly seated therein
either as elected members of those bodies or as visitors - Trinidad
and Tobago)
((d) States Parties shall adopt such legislative and other measures
as may be necessary to ensure that persons with disabilities have an
effective opportunity to enjoy the rights protected in this article
Uganda)
(1. States Parties shall guarantee to [citizens Israel, Sierra Leone]
(persons Israel, Sierra Leone) with disabilities [the right and the
opportunity Israel] (implementation and fulfilment on the basis of
equality of such rights as are prescribed by law Israel) (of citizens
Sierra Leone) to take part, on the basis of equality, ( - Israel)
in the conduct of public affairs, [including the right and opportunity
to vote Israel] and be elected in all elections and public referenda
and be eligible for election to publicly elected bodies. In particular
States Parties shall ensure that voting procedures and facilities:
(a) are appropriate, accessible and easy to understand;
(b) protect the right of [citizens Israel] (persons Israel) with
disabilities to (entitled to Israel) vote by secret ballot; and
(c) allow, where necessary, the provision of assistance in voting to
[citizens Israel] (persons Israel) with disabilities (entitled to
vote Israel).
2. States Parties shall take all appropriate measures to ensure to
persons with disabilities, on the basis of equality, the right:
(a) to participate in the formulation [of government policy and the
implementation thereof- Sierra Leone] (and implementation of public
policies Sierra Leone) and to hold public office and perform all public
functions at all levels of government;
(b) to participate in (international organisations Sierra Leone) non-governmental
organisations and associations concerned with the public and political
life of the country.
3. In particular, States Parties shall actively promote an environment
in which persons with disabilities can:
(a) participate in the activities and administration of political parties;
(b) form, lead and join organisations of persons with disabilities established
to represent them at (international Serbia and Montenegro) national,
regional and local levels. New Zealand)
(States Parties shall guarantee that the rights of this Article are
not denied or restricted on the basis of disability in any manner
Israel)
Article 19
Accessibility
1. [[States Parties to this Convention shall [take [appropriate Japan,
Afr. Gp] (progressive Japan, Australia, India, Afr. Gp) measures (gradually
Mexico) (to the maximum extent of their available resources China)
[to identify and eliminate obstacles Mexico (and barriers Afr. Gp),
and (in accordance with available resources Vietnam) to ensure (the
best Vietnam) accessibility [for persons with (all kinds of Israel,
Lebanon) disabilities to Mexico] (in Mexico) the [built Costa
Rica (physical Costa Rica, Japan, India, Serbia and Montenegro) environment,
(furniture and equipment Mexico) (to amenities inside buildings and
the communications environment New Zealand) to transportation, [to
information Mexico] and communications, [including information and
communications technologies [and to other services Afr. Gp] Mexico]
Chile], (so that any persons with disabilities can access, move around,
exit, be oriented, to be evacuated in emergency conditions and communicate
in a safe and autonomous way, adopting the necessary measures- Mexico)
(remove barriers in all areas including the built environment, goods,
services - including transportation, information and communications
- facilities, information technology, electronic commerce -including
banking - equipment, aids and appliances Australia) (adopt the appropriate
measures to identify and eliminate obstacles and to ensure that persons
with disabilities have access to built spaces, to transport in its diverse
forms (land, air and maritime), to the culture, to information and communication,
taking into account the right of persons with disabilities to accessible
information and communication technologies and other services Chile)
in order to ensure the (enjoyment of the rights and fundamental freedoms
of persons with disabilities, their - Costa Rica) capacity [of persons
with disabilities Costa Rica] to live independently and to participate
fully in all aspects of life. [The focus of these measures shall include,
inter alia EU, Australia] Canada] (States Parties to this Convention
shall take appropriate measures to identify and eliminate obstacles
to accessibility, including inter alia architectural, sensorial and
cultural barriers, and promote equal access to information and means
of communication EU) (States Parties to this Convention shall take
all appropriate measures to identify and eliminate existing barriers,
to prevent the creation of new barriers, and to ensure accessibility
for persons with disabilities in order to enhance their capacity to
live independently and to participate fully in all aspects of life
Canada):
[[(a) (Promotion of Japan) The construction and renovation of [public
buildings Japan, Afr. Gp] (buildings for public use Japan, Afr.
Gp) (and private buildings for public use Guatemala), roads (infrastructure
New Zealand) and other (private or public Costa Rica) facilities
for public use, including (but not limited to Philippines) schools,
housing, medical facilities, indoor and outdoor facilities and [publicly
(and privately Chile) owned Afr Gp] workplaces (and private entities
that provide public facilities or services addressed to public Lebanon);
(all buildings that house key services for persons with disabilities
must be made fully accessible Kuwait) (including privately owned or
developed buildings, facilities and services for public use Argentina)
Mexico; India, EU]
(the inclusion of principles of universal design in the construction
and renovation of all indoor and outdoor physical environment India)
(identify and eliminate, systematically, existing architectural obstacles,
to transportation and communications, with the aim to facilitate their
access and use by persons with disabilities;
the construction and renewal of public buildings, roads and other indoor
and outdoor public facilities, such as schools, housing, medical establishments
and public property work spaces; - Mexico)
(b) [The development [and remodelling Vietnam] of public transportation
facilities, communications and other services, including electronic
services. EU] Israel - Australia] Afr. Gp] (Promoting universal
design for mobility aids, devices and assistive yechnologies and encouraging
private entities which produce these to take into account all aspects
of mobility for persons with disabilities Afr. Gp)
((c) formulate and implement plans to progressively reduce and eliminate
barriers to accessibility for persons with disabilities with respect
to existing public buildings Kuwait, Lebanon) (and private entities
that provide public facilities or services addressed to public Lebanon)
((c) The developing and remodelling of public transportation facilities,
communications and services, including electronic services. Afr Gp)
2. [States Parties shall also take [appropriate Israel, Japan] (all
possible Israel) (progressive Japan, Australia) measures to EU]
(inter alia Australia) (These measures shall include EU):
[(a) [Provide Afr. Gp] (Ensure Afr. Gp) [[in Mexico] public [buildings
and facilities - Afr Gp] (for public use, audio, - Afr Gp) signage in
Braille and easy-to-read-and-understand forms Mexico. Costa Rica]
(in easy-to read and understand forms, including Braille Costa Rica)
(service spaces with visual and tactile signalling, as well as the use
of international accessibility symbols, to orient persons with disabilities;
- EU, Israel]
(ensure, including by way of legislation and state-funded financial
incentives, that places, buildings, facilities and services open to,
and used by the public are accessible to people with all kinds of disabilities,
including by way of provision of auxiliary aids and services Israel)
(devise policies and necessary technologies in order to make public
transportation accessible to persons with disabilities, and develop
special transportation services for persons with disabilities as a complementary
measures to public transportation Republic of Korea)
[(b) [[Provide Afr Gp] (Ensure the provision of Afr Gp) [other forms
of [[live Chile, Afr Gp] (personal Chile, Afr Gp) [assistance -
Afr Gp] (and assistive services Afr Gp) (, facilitators Chile) and
intermediaries Japan], (assistance Japan) (support services and
technical and technological aids Costa Rica) including guides, readers
and sign language interpreters, to facilitate accessibility to [public
Afr Gp] buildings and facilities Mexico] (for public use Afr Gp)
(qualified personnel to assist and guide persons with disabilities in
public service spaces- Mexico); - Kuwait, Israel] EU]
(provide [other forms of Lebanon] live assistance including guides,
readers (and sign language interpreters Lebanon) and captioning to
facilitate accessibility to public buildings, facilities and information;
provide sign language interpreters as intermediaries to interpret information
from spoken language into sign language and from sign language into
spoken language for access to public services, education and to facilitate
participation - Kuwait)
(promote and encourage, including by way of state-funded financial incentives,
the accessibility to people with all kinds of disabilities of residential
places and buildings Israel)
(assist persons with disabilities, if required, with interpreters of
sign language and/or guides or companions;- Mexico)
(c) [Develop, promulgate and monitor implementation of minimum national
standards and guidelines for the accessibility of [public Israel,
Afr Gp] (places, buildings Israel) facilities and services (intended
for use by the public Afr Gp) EU] (open to, or used by the public
Israel) (as also for private facilities intended for full or partial
public usage India) (This decree includes buildings and private installations
which render public services or which cater to the public Chile);
(developing, promulgating and monitoring implementation of minimum national
standards and guidelines for the accessibility of public facilities
and services in consultation with organisations of persons with disabilities
EU)
((c) bis Facilitating access by persons with disabilities to mobility
aids, devices, assistive technologies and forms of live assistance and
intermediaries including by making them available at affordable cost;
- Afr Gp)
(d) [[Encourage Kuwait, Afr Gp] (Require Kuwait, Thailand) (Ensure
Afr Gp) (all Lebanon) private entities [that provide public facilities
and services Lebanon, Chile] (in general, which do not render public
services or cater to the public, - Chile) to take into account all aspects
of accessibility for persons with disabilities; (undertaking and promoting
research, development and production of new mobility aids, devices and
assistive technologies; - Afr Gp - India]
[(e) [Undertake and promote Japan] (Promote, and where appropriate,
undertake Japan) (and disseminate Mexico) research, development
and production (, including localisation Thailand) of new assistive
technologies (and universal design EU) (where appropriate Costa
Rica), giving priority to [affordably priced Mexico] (low cost Mexico)
technologies; - New Zealand]
((e bis) promoting the development, availability and use of universally
designed goods, services, equipment and facilities, which are accessible
and understandable to, as well as usable by, everyone, to the greatest
extent in the most independent and natural manner possible, without
the need for adaptation or specialised design solutions EU)
[(f) Promote (the conception, principles and implementation of Chile)
[universal design Kuwait] (personal accessibility to all persons with
disabilities) and international cooperation in the development of standards,
guidelines and assistive technologies; (following, if appropriate with
internationally recognised accessibility standards and guidelines
Thailand)
[(g) [Ensure Afr Gp] (Ensure Afr Gp) that organizations of persons
with disabilities (and families of disabled children Jordan) are consulted
(and fully involved from the conception Afr Gp) (at all stages in
the process of formulating legislation, regulations, standards and guidelines
in relation to accessibility Israel) [when Israel] (at all stages
in the process of formulating legislation, regulations, Israel) standards
and guidelines [for Israel] (in relation to Israel) accessibility
[are being developed Israel]; - New Zealand]
(h) Provide training for all stakeholders (including professionals involved
in designing structures - Afr Gp) on accessibility issues [facing
Afr Gp] (for Afr Gp) persons with disabilities. - EU]
(promote among persons with disabilities the benefits they can obtain
from the use of new information technologies and telecommunications
Mexico)
((i) Incorporate the theme of accessibility in the study programmes
of those being educated at all levels Chile)
(3. (a) States Parties shall introduce legislation requiring that:
(i) all places, buildings, facilities and services open to and used
by the public shall be made accessible, subject to no disproportionate
burden being imposed and subject also to the possibility of providing
for progressive realisation of accessibility in accordance with this
sub-paragraph;
(ii) such accommodations are made in residential places and buildings
as are reasonable in the circumstances
(b) Legislation introduced under this paragraph shall include appropriate
and effective remedies and penalties as well as efficient enforcement
and implementation mechanisms
4. States Parties shall, in the implementation of this article, place
special emphasis on taking all possible steps to ensure the accessibility
of the legal system, including civil and criminal proceedings, the courts
of law, tribunals, interrogation and testification procedures
5. The term auxiliary aids and services shall include:
(a) interpreters or other methods of making orally delivered materials
available to individuals with hearing impairments;
(b) readers, taped texts or other methods of making visually delivered
materials available to individuals with visual impairments;
(c) guidance, advice and information in a manner intelligible to persons
with mental, psychiatric and cognitive disabilities - Israel)
Article 20
Personal mobility
[States Parties to this Convention shall take [effective - Costa Rica]
(appropriate Costa Rica, Uganda) (and progressive Kenya) measures
to [ensure Costa Rica] (allow the enjoyment of the Costa Rica) [liberty
of (independent Uganda) movement China] (personal mobility China)
with the greatest possible independence [for Costa Rica] (for Costa
Rica) persons with disabilities, (in the manner and at the time of their
choice and at affordable cost Jordan) including: - EU] (States Parties
to this Convention shall take appropriate measures to [promote Rep.
of Korea] (ensure Rep. of Korea) liberty of movement for persons with
disabilities EU)
(a) Facilitating access by persons with disabilities to [high-quality
Costa Rica] (functional Costa Rica) (appropriate Uganda) mobility
aids, devices, (and EU) assistive technologies [[and (other - Costa
Rica) forms of [live assistance Chile] (, good quality devices and
personal help, facilitators Chile) and intermediaries- Costa Rica]
(support services Costa Rica), including by making them available
at affordable cost EU]
[(b) Promoting (appropriate Uganda) universal design for mobility
aids, devices and assistive technologies and encouraging private entities
which produce these to take into account all aspects of mobility for
persons with disabilities;
[(c) [Undertaking and promoting Japan] (promoting and where appropriate
undertaking Japan) research, development and production of new mobility
aids, devices and (new Chile) assistive technologies (, as appropriate
Costa Rica) (and the participation of persons with disabilities in
research for devices Yemen) (and to encourage the private sector to
invest in research in this field Morocco) (for the mobility of persons
with disabilities Chile); - New Zealand]
(d) Providing training in mobility skills to persons with disabilities
(, their families Costa Rica) and to [specialist Costa Rica] staff
working with persons with disabilities (and their families Yemen)
(and encourage exchange of experiences among states in this field
Morocco);
[(e) Facilitating the freedom of movement of persons with disabilities
in the manner and at the time of their choice (and promote their purchase
at affordable cost Mexico), and at affordable cost;
(f) Providing information (in accessible format Chile) to persons
with disabilities (and their families Costa Rica) about mobility aids,
devices, assistive technologies and other forms of assistance and services;
(g) Promoting awareness about mobility issues for persons with disabilities.
- Jordan] - New Zealand, EU]
(States Parties shall adopt all possible measures to have technologies
exempt from taxes and to have them a low prices Bahrain, Yemen)
Article 21
Right to health [and rehabilitation Mexico] (Access to healthcare
and medical rehabilitation- EU) (Access to healthcare South Africa)
Right to health and medical and paramedical rehabilitation - Lebanon
States Parties recognize that (the promotion of health and the prevention
of disabilities is an immutable and essential responsibility of all
health care systems and that Philippines) all persons with disabilities
have (full access to and Namibia) the right to the enjoyment of the
highest attainable standard of health (free Yemen) [without discrimination
on the basis of disability Costa Rica] (on an equal basis and considering
human diversity Costa Rica). States Parties [shall Japan] (and for
that purpose Japan) strive to ensure no person with a disability is
deprived of that right, and shall take all appropriate (and effective
Australia) measures [to ensure access - Japan] (affordability, adequacy
and continuity when needed Lebanon) (to create conditions which would
assure to all persons with disabilities health and rehabilitation services
- Japan) for persons with disabilities to health (health insurance
Uganda) (on an equal basis with others and without discrimination -
Thailand) [and (medical EU, Canada, Lebanon) (and paramedical Lebanon)
rehabilitation Mexico] services. In particular, States Parties shall:
(a) [Provide New Zealand] (Ensure New Zealand) persons with disabilities
(have access to- New Zealand) [with New Zealand] the same [range and
standard of New Zealand] (all- Holy See) health (or healthcare Holy
See) [and (medical EU) rehabilitation Mexico] services (and information
related to the health services Guatemala) as provided [(to Canada)
other [citizens Canada, New Zealand] (persons and to the same standard
New Zealand) Mexico] (to persons without disabilities Mexico),
[including (rehabilitation as well as South Africa) sexual and reproductive
health services - Holy See, Trinidad and Tobago];
[(b) [[Strive to provide South Africa] (Achieve the progressive realization
of disability specific - South Africa) those (additional New Zealand)
health [and (medical EU) rehabilitation Mexico] services needed
(and requested Costa Rica) by persons with disabilities specifically
because of their disabilities; - Namibia] (Develop understanding of
disability rights, respect for diversity, non discriminatory attitudes
and realistic perception of the capacities of persons with disabilities
as users of health services for health professionals at all levels,
in line with the principles of this convention- Namibia)
(c) [[Endeavour Uganda] (Ensure Uganda) to provide these health
[and (medical EU) rehabilitation Mexico] services [as close as possible
New Zealand] (in New Zealand) to peoples own communities Namibia];
(including domiciliary attention and community based rehabilitation
Costa Rica) (Involve persons with disabilities and their representative
organizations in the development and monitoring of health policies and
of a code of ethics for public and private health care in promoting
quality, transparency and respect for human rights at national level
Namibia)
(c bis Provide persons with disabilities with medical assistance including
the provision of medicines on a free basis in accordance with the minimum
social standards Russian Fed.)
[[[(d) [(Endeavour to Australia) Ensure that health [and rehabilitation
Mexico] services include the provision of [safe South Africa] respite
places, to use on a voluntary basis, and counselling and support groups,
including those provided by persons with disabilities Namibia]; -
Jordan] (Ensure that respect is afforded to persons with disabilities
to give consent to or refuse medical interventions of all kind, in accordance
with their evolving capacities Namibia)
((d bis) Endeavour to support facilities that are in the ownership or
managed by persons with disabilities; - South Africa)
(e) [Provide programmes and services to prevent and protect against
[secondary Morocco] disabilities, including among children (adults
Chile) and the elderly; - Namibia] (Ensure appropriate training and
support of sufficient number of rehabilitation Namibia]
[[(f) [Encourage Uganda] (Promote Uganda) (biomedic, genetic and
scientific - Chile) research and the development, dissemination and
application of new knowledge and technologies that benefit persons with
disabilities (involvement of organizations and establishments whose
interest is to support research and spreading knowledge and awareness
of preventive services Bahrain); - New Zealand]
(g) [Encourage Uganda] (Promote Uganda) the development of [sufficient
numbers of Costa Rica] health [and rehabilitation Mexico] professionals,
including persons who have disabilities, covering all disciplines needed
to meet the health [and rehabilitation Mexico] needs of persons with
disabilities, and ensure that they have adequate specialized (or continued
Morocco) training; - Canada] Jordan]
[(h) [Provide Canada] (Promote the appropriate education and training
of all Canada) [to all Canada] health [and rehabilitation South
Africa, Mexico] professionals [an appropriate education and training
Canada] to increase (their knowledge and Chile) their disability-sensitive
awareness and respect for the rights, dignity and needs of persons with
disabilities, [in line with the principles of this Convention; - Canada]
[(i) (Endeavour to Australia) Ensure that a code of ethics for public
and private health care, which promotes quality care, openness and respect
for the human rights, dignity and autonomy of persons with disabilities,
is put in place nationally, and ensure that the services and conditions
of public and private health care and rehabilitation facilities and
institutions are well monitored; - Canada, -New Zealand]
[(j) Ensure that health [and rehabilitation Mexico] services provided
to persons with disabilities, and the sharing of their personal health
or rehabilitation information, occur only after the person concerned
has given their free and informed consent (or with the application of
other relevant legal safeguards Japan, Argentina) (or their guardian
or legal representative Morocco) (in respect of each service offered
New Zealand) (Ensure that free and informed consent is given only
after the person concerned has been told of the nature, consequence
and risks of the health intervention in the language understandable
to the specific person with disabilities and or their immediate families
and recognized guardians - Philippines), and that [health and rehabilitation
professionals inform Mexico] persons with disabilities of their [relevant
Mexico] rights; - EU]
(Promoting quality public and private healthcare that respects the
human rights of persons with disabilities and ensuring that health and
rehabilitation professionals are aware of, and respect, the rights,
dignity and needs of persons with disabilities EU)
[(k) [[Prevent Costa Rica] (Impede - Costa Rica) unwanted medical
and related interventions (rehabilitation Chile) and corrective surgeries
from being imposed on persons with disabilities (which are not authorized
by them or their representatives. Chile) China] (ensure that medical
and related interventions are in the best interests of persons with
disabilities, and prevent unwanted medical and related interventions
unless exceptional circumstances in accordance with the procedures established
by law and with the application of appropriate legal safeguards China);
- Jordan, New Zealand]
(Prevent medical, surgical and other related interventions from being
imposed on persons with disabilities without their free and informed
consent. New Zealand)
[[(l) Protect the privacy of health and rehabilitation information
of persons with disabilities on an equal basis; - South Africa] Australia,
Mexico]
(Removing the barriers to access to health and rehabilitation services
(as suggested by the Asia/Pacific forum of National Human Rights institutions)
- for example, spousal consent being required, lack of convenient and
affordable transport and affordability of services (on an equitable
basis);
Equal access to public health programmes e.g programmes aimed at preventing
HIV/Aids, ensuring provision of safe and potable water and sanitation
and cervical and breast screening for women;
Rationing of health services should not be on the basis of disability;
Access to other health-related services, such as dentistry, - New Zealand)
[(m) Promote the involvement of persons with disabilities and their
organizations in the formulation of health and (medical EU) rehabilitation
legislation and policy as well as in the planning, delivery and evaluation
of health and (medical EU) rehabilitation services. EU] Namibia]
Canada] Jordan, Argentina] Namibia, Mexico, New Zealand] EU]
(Give priority to providing health services to persons with severe
disabilities Bahrain)
(States should promote rehabilitation programmes based on the community.
- Chile)
(Remove barriers to the equal access to health services by persons
with disabilities;
Ensure public health programmes, and programmes concerned with the underlying
determinants of health, benefit persons with disabilities on an equal
basis with all others;
Prevent the discriminatory allocation of health resources on the basis
of disability;
Prevent the provision of a different standard of treatment or the discriminatory
refusal to provide health services, including the refusal to treat or
to provide the food and fluids necessary to sustain life, on the basis
of disability New Zealand)
(21 bis Right to Community Based Rehabilitation
1. States Parties recognize that all persons with disabilities have
the right to rehabilitation. States Parties shall ensure that no persons
with disabilities is deprived of that right, and shall take all appropriate
measures to ensure full access for persons with disabilities to rehabilitation
services. In particular, States Parties shall:
a) endeavour to provide rehabilitation services within the community,
based on the principles of community based rehabilitation;
b) ensure that health and rehabilitation services include the provision
of safe respite places to use on a voluntary basis, counselling, and
support groups including peer support;
c) provide programs and services to protect against and cope with secondary
disabilities including amongst children and the elderly;
d) encourage research and the development, dissemination and application
of new knowledge and technologies relating to rehabilitation that benefit
persons with disabilities in consultation with persons with disabilities.
2. States Parties shall recognise community based rehabilitation as
a rights-based strategy to alleviate poverty and to address the direct
and indirect socio-economic costs of disability at the level of the
individual, family and the society at large
3. States Parties shall enhance rights, social and economic approach
in the development of community based rehabilitation services
a. Mobilising awareness and responsiveness towards equal rights among
disabled children and adults, authorities and the society at large
b. removing attitudinal, financial and infra-structural barriers in
society, and promoting inclusive public and private services for all,
particularly for disabled children and adults
c. consulting and strengthening representative organisations of disabled
children, adults as well as their families as primary stakeholders in
the full development of such strategies and services
d. enabling disabled children and adults to reach their potential through
the development of community based rehabilitation strategies and services
at all levels, which are affecting attitude change at large and based
upon priorities of disabled children, adults and caregivers themselves
to achieve their rights
e. providing early intervention-, advisory-, functional training- and
respite services to disabled persons, families and caregivers in the
community aiming at self-reliance and full participation
4. States Parties shall equip and empower a national co-ordinating
disability body with the responsibility to manage community based rehabilitation
at national and international level, assuring cohesiveness across national
legislation, strategies and service provisions and in line with all
other disability issues.
a. the consultation of and best interests of disabled children and adults
being paramount
b. access, affordability and quality of such services is assured at
all governmental levels for all children, adults and their families
c. ensure community based rehabilitation is included in all community
activities at all levels Namibia)
(21 bis Persons with disabilities have a right to a comprehensive psychosocial
rehabilitation in order to enable them to reach and sustain their optimum
level of functioning and self expression and to live an independent
life of their choice in their preferred community. Rehabilitation shall
be understood as including habilitation and rehabilitation. Toward this
end States parties undertake:
1. To maintain and develop a comprehensive and integrated range of
functional rehabilitation services including occupational, vocational,
housing, recreational, educational, and associated assistive technology
and management and a self-supportive system, and to ensure that such
rehabilitation is in alignment and continuity with medical and paramedical
rehabilitation.
2. Take steps to ensure that information with respect to rehabilitation
services and procedures are widely available and accessible to all persons
with disabilities and, when appropriate, to their families.
3. To ensure that access to such services will be open to all persons
with disabilities without discrimination of any kind, and particularly
without regard to the kind or severity of the disability.
4. To take steps to ensure that the specific rehabilitation needs of
women, girls, children, the elderly, and family members of persons with
disabilities are appropriately addressed in order to ensure respect
for their dignity and particular needs.
5. To base the design of rehabilitation programs on the actual needs
of the person concerned, through a process of individualized comprehensive
assessment and intervention and, towards this end, to actively involve
the person in the design, organization, and periodic review of their
program.
6. To prohibit the imposition of any program of rehabilitation against
the wishes of the person concerned.
7. To take steps to ensure that rehabilitation programs are available
locally in the individuals own community in order to ensure that the
rehabilitation process creates a meaningful and practical pathway into
a life of full participation and inclusion, in accordance with personal
choice and opportunities.
8. To involve persons with disabilities and their representative organizations
in policy decision-making, the concrete rehabilitation process, and
the evaluation of rehabilitation outcomes.
9. To ensure that all personnel involved in rehabilitation are sensitized
to the rights and needs of persons with disabilities, and to ensure
that their objective is to make the full inclusion of people with disabilities
possible. Israel)
(21 bis 1. States Parties recognize that rehabilitation is a prerequisite
for the equalization of opportunities and the full inclusion of persons
with disabilities. To that end, States Parties shall endeavour to ensure:
(a) access to a continuum of rehabilitation services, including, inter
alia, physiotherapy, occupational therapy, speech language and communication
therapy, psychosocial counselling and therapies.;
(b) these services are provided, to the extent possible, close to the
communities in which persons with disabilities live;
(c) the development of appropriate and specialized human resources
and training material to support the same;
(d) the production, usage and monitoring of good quality assistive
devices at affordable prices, and the promotion of research and development
of the same [removal of this clause from article 19(e) and 20(c)];
(e) availability of programmes and services to prevent and protect
against secondary disabilities;
(f) active involvement of persons with disabilities and their families
in matters of rehabilitation plans and policies; - India)
(21 bis Right to training and rehabilitation [Right to habilitation
and rehabilitation Lebanon]
1. The States ensure to include reference to psychological, social,
physical and vocational rehabilitation in the chapeau of the article.
2. To include language on the need for consent of the person with disability
before any rehabilitation begins.
3. To include reference to the participation of persons with disabilities
and their representative organizations. Yemen)
(21 bis Right to prevention
States Parties shall take all necessary measures particularly by offering
programs and services that are aimed at preventing and fighting congenital
or accidental disabilities Cameroon)
Article 22
Right to work
[States Parties [recognize Sierra Leone] (shall take appropriate
steps to safeguard and promote Sierra Leone) the (equal New Zealand,
Mexico) [right-Australia] (equal right to work Australia) of (all
Canada) [persons Jordan, Uganda] (women and men Jordan, Uganda)
with disabilities (of lawful working age - Uganda) [to work (including
measures to Sierra Leone) (and to training Bahrain) (and to receive
training to work Palestine) [which includes (employment as well as
Ukraine) the opportunity to gain a living by work Costa Rica] that
they freely choose or accept (that preserves their dignity Palestine),
[with a view to promoting equal opportunity [and treatment South Africa]
(and economic empowerment South Africa) (in the working environment
Mexico) of (all Canada) persons with disabilities, and (acquisition
of skills and assets that protect Jordan) [protecting them from poverty
Australia, Mexico] (in an environment that provides equal opportunity
and that is non-discriminatory Australia) (to promote their full participation
and development in the productive life Mexico). States Parties shall
(commit themselves to guarantee the enjoyment of this right and - Lebanon)
(set a leading example in employment of persons with disabilities and
- Rep. of Korea, Thailand) take appropriate steps to safeguard and promote
the realization of this right. New Zealand] (In order to safeguard
and promote the realization of this right, states parties shall take
appropriate steps to promote a labour market and work environment that
are open, inclusive, and accessible to all persons with disabilities
New Zealand), including measures to: - EU] (States Parties recognize
the right to work of persons with disabilities on an equal basis as
others; this includes the right to the opportunity to gain a living
by work freely chosen or accepted. States Parties shall take appropriate
steps to safeguard and promote the realisation of this right, including
measures to: - EU)
(Promote employment opportunities including free vocational choice
for persons with disabilities so as to enable them to exercise the right
to work and enjoy equal conditions of work.
Enable persons with disabilities to take full advantage of the right
to education and to have access to vocational and continuing training.
- EU)
(a) [[Promote Jordan] (Ensure Jordan) a labour [[market and work
environment Canada] (markets and work environments Canada) that
are open, inclusive and accessible to [all Costa Rica] persons with
disabilities Mexico]; (rehabilitation as part of the integral rehabilitation
for persons with disabilities, where appropriate, by providing and evaluating
orientation, training and selectivedesignation services, with the purpose
of enabling persons with disabilities to gain access, continuity and
career advancement, as well as for labour reintegration Mexico) -
New Zealand] (promote an inclusive labour market which favors labour
integration of persons with disabilities; - Mexico) (Promote equal employment
opportunities and career advancement for persons with disabilities in
the open labour market, including opportunities for self employment
and starting ones own business, as well as assistance in finding, obtaining
and maintaining employment. New Zealand)
(b) [Enable (Ensure Jordan) persons with disabilities to have effective
access to [general South Africa] technical and [vocational New Zealand]
(career New Zealand) guidance programmes, (recruitment Costa Rica)
placement services, [assistive devices EU], (technical aids Costa
Rica) and [vocational (labour training Chile) and [continuing South
Africa]- New Zealand] (job New Zealand) (lifelong South Africa)
training (this should be preceded by rehabilitation and training to
benefiting from devices and programs Yemen) Mexico]; (promote labour
rehabilitation as part of the integral rehabilitation for persons with
disabilities, where appropriate, by providing and evaluating orientation,
training and selectivedesignation services, with the purpose of enabling
persons with disabilities to gain access, continuity and career advancement,
as well as for labour reintegration Mexico)
((b bis) ensure the reasonable accommodation of persons with disabilities
in workplaces and work environments; - Canada)
[(c) [(Pursue active labour market policies Namibia, Uganda); [Promote
-Jordan, Israel] (Pursue active labour market policies with a view to
promoting Israel) (Ensure Jordan) (strategies for employability
Colombia) (equal Sierra Leone) employment opportunities and career
advancement for (all Canada) persons with disabilities in the open
labour market, [including opportunities for self-employment [and starting
ones own business South Africa, Lebanon] (and facilitation of the
use of new technologies Lebanon) (encouraging set up of shelter workshops
in order to integrate (all Canada) persons with disabilities and market
their products Bahrain), (and other productive and labour alternatives
Costa Rica) as well as assistance in (creating, Costa Rica) finding,
[obtaining South Africa] (securing- south Africa) [and Uganda] maintaining
(and retaining Uganda) employment Canada]; (and acquisition of work
experience -Jordan) New Zealand] Mexico] (encourage the finding,
obtaining and maintaining of employment and career advancement opportunities
for persons with disabilities through the implementation of an active
policy related to the labour market - Mexico)
(provide assistance to persons with disabilities in finding, obtaining,
maintaining, and returning to employment including through vocational
and professional programs Canada)
((c bis) Promote access to credit and necessary technical assistance
to develop self employment opportunities for persons with disabilities
Costa Rica)
((c bis) Take appropriate measures aimed at promoting the creation of
independent employment for persons with disabilities, in particular
through technical and or financial support and employment with tax benefits
where appropriate Cameroon)
(d) [[Encourage Jordan, Namibia, Ukraine] (Ensure Jordan) (Stimulate
Ukraine) (Ensure that Namibia) (all Canada) employers (public
or private, employ and or Namibia) [to Namibia] (create posts for
persons with disabilities by creating necessary facilities for persons
with disabilities in their jobs and in the production sphere Ukraine)
hire persons with disabilities, [[such as through affirmative action
programmes, (avoiding discrimination on the basis of the different types
of disability Costa Rica) (services to support persons with disabilities
in the workplace Uganda) [incentives and quotas Costa Rica] Sierra
Leone, New Zealand, Canada] (including through positive measures Canada)
(and where appropriate through incentives Sierra Leone) (especially
for women with disabilities Morocco) (To provide incentives to sector
which hire persons with disabilities - Bahrain) (through the use of
means and alternatives, to announce vacancies and interviews for employment
so that persons with disabilities would not be excluded among possible
candidates Lebanon) - Canada; - EU] (including through positive measures
(Encourage employers to hire persons with disabilities through appropriate
policies and measures - EU)
(Promote employers to hire person with disabilites through preferential
policies and programmes so that vocational training, job placement,
tax exemption and credit access Vietnam)
(e) [(Encourage employers to create new accommodated working places
ensuring the necessary Ukraine) [[Ensure the [reasonable Yemen,
Costa Rica] Ukraine] (appropriate Yemen) (necessary Costa Rica)
accommodation of persons with disabilities in [the [workplace and
New Zealand] work environment New Zealand; -EU] (work places and work
environments New Zealand) (Ensure that reasonable accommodation is
provided to persons with disabilities in the workplace and work environment.
EU) Mexico] (ensure that workplaces have reasonable accommodations
to allow access of persons with disabilities and to permit them to perform
their activities Mexico)
(encourage self-employment for persons with disabilities through training,
financing and an expeditious and effective regulatory framework, in
particular in the rural sector Mexico)
[(f) [Promote Jordan] (Ensure Jordan) the acquisition by persons
with disabilities of work experience in the open labour market (and
the skills required by the labour market in its various fields Yemen)
(by preventing discrimination Palestine); - Jordan, New Zealand, Costa
Rica, Cameroon]
(g) [[Promote Jordan] (Ensure Jordan) [vocational (, labour Chile)
and [professional South Africa] rehabilitation Costa Rica] (technical
and professional training programmes Costa Rica) (and non exploitation
in the workplace Morocco), job retention [and return-to-work programmes
New Zealand] (for persons with disabilities EU); Jordan] Canada,
Mexico]
[(h) (Promote the inclusion of specific regulations under labour legislation
of States Parties to - Mexico) [[Protect - Jordan] (Ensure Jordan)
[through legislation Japan, Canada, Mexico] persons with disabilities
(from discrimination with respect to all terms and conditions of their
employment Canada) [with regard to (conditions of recruitment, - EU)
employment (, compensation and benefits - Rep. of Korea), continuance
of employment, (workplace training, Uganda) career advancement, (elimination
of any form of exploitation at work - Morocco) working conditions, including
New Zealand] (Ensure that persons with disabilities have New Zealand)
equal remuneration for work of equal value and [equal opportunities,
(especially women with disabilities Vietnam) and the redressing of
grievances, (indemnities after loss of employment Morocco) (health
and safety in the work Costa Rica) (unemployment allowances - Lebanon)
and to Canada] [ensure that persons with disabilities New Zealand]
are able to exercise their labour and trade union rights Canada];
(These measures should consider safeguards to avoid the establishment
of discriminatory conditions and requirements which affect, in an explicit
or implicit manner, access to employment of persons with disabilities,
and their tenure in their places of work, envisaging penalties for the
occurrence of these prohibitions. Chile) Israel] (Ensure that all
employment protection laws and standards, including in relation to the
minimum wage apply to all persons with disabilities working in the open
labour market, any derogation from such laws and standards being made
only in circumstances where derogation can clearly be shown to be justified.
Israel)
[(i) Ensure that persons with disabilities have equal opportunity to
employment (in the access and [performance of work Chile) in the [public
(and private Palestine, Lebanon, Thailand) sector Vietnam] (in all
sectors - Vietnam) (and promote affirmative action programmes to facilitate
access to work Costa Rica) Israel, EU, New Zealand, Cameroon, Peru,
Serbia and Motenegro]; (Ensure that persons with disabilities have equal
opportunities and appropriate representation including by way of reasonable
accommodation in the public sector (without discrimination on the basis
of their disabilities Thailand) recognizing the heightened responsibilities
as employers of government and other state funded bodies to set a leading
example in this regard - Israel)
((i bis) Ensure persons with disabilities are able to exercise their
labour and trade union rights; - Canada)
[(j) [Promote Jordan] (Ensure Jordan) recognition of the [skills
- India] (competencies India), merits, [abilities South Africa]
and contributions of persons with disabilities to the workplace and
the labour market, (and to the productive processes - Chile) [and to
combat (exploitation, Lebanon) stereotypes and prejudices (, in particular
prejudice regarding their capacity, Lebanon) [about persons with disabilities
Lebanon] in the workplace and the labour market Japan, Jordan].
EU, Canada]
(Promote enterprises by persons with disabilities, established and
developed, with access to sources of credit and financing without conditions
and requirements other than those established for clients without disabilities,
in accordance with stipulations indicated in Article 9 (e) of the Convention.
Support modalities of protected work for persons with disabilities who
cannot be incorporated in the competitive market.
Develop campaigns for the prevention of labour accidents. - Chile)
(Encourage the creation of workshops for persons with disabilities
and to promote their production Bahrain)
(States Parties shall promote employment of persons with disabilities
in the informal sector through the creation of an enabling environment
and the provision of incentives and necessary support services Kenya)
((k) Ensure that the government as an employer promotes and regulates
flexible and alternative work arrangements and an environment that offers
reasonable accommodation of the needs of persons with disabilities.
2. States parties shall take legislative and other measures to ensure
that persons with disabilities enjoy the rights protected in this article
Uganda)
(2. States Parties shall ensure effective and appropriate regulation
and resources that would provide for the development of alternative
forms of community-based employment for persons with disabilities who
may not have the capacity to work in the open labour market, in conditions
which ensure useful and remunerative work and which provide opportunities
for vocational advancement including transfer to open employment.
3. States Parties recognize the right of persons with disabilities
to be protected from economic exploitation. States Parties shall take
effective legislative, administrative, social and educational measures
to ensure the implementation of this article to this end, and having
regard to the relevant provisions of other international instruments,
States Parties shall in particular provide for:
a) effective and appropriate regulation of non-integrated work settings,
including sheltered workshop; and
b) effective and appropriate penalties or sanctions to ensure the enforcement
of the present article. Namibia)
(Art 22 (2)
a) States parties shall enact legislation on equality for persons with
disabilities in employment, on the basis of Article 7 and containing
the following provisions in particular:
1) prohibition on discrimination on the basis of disability in relation
to all aspects of employment including recruitment, employment conditions,
promotion, professional training, severance and retirement.
2) requirement of employers to make such reasonable accommodations as
are necessary in order to facilitate the employment or continued employment
of persons with disabilities.
b) A reasonable accommodation means an accommodation which does not
impose a burden which is disproportionate in the light of all the relevant
circumstances, including the cost and size of the accommodation, the
size and structure of the business, the scope of its operations, the
number of employees, the make-up of the workforce and the existence
of external or state funding for the purpose of carrying out accommodations.
c) Legislation adopted in accordance with this Paragraph shall also
apply to family members of persons with disabilities and shall include
effective sanctions, enforcement and implementation mechanisms.
22(3) (Sheltered/Assisted employment)
a) States parties recognize that priority shall be given to the full
integration of persons with disabilities in the open labour market and
that employment of persons with disabilities outside the open labour
market should be reduced to and maintained at the minimum level possible.
b) States parties shall enact legislation protecting the rights of persons
with disabilities who are employed outside the open labour market, such
legislation providing for the application of all the employment protection
laws and standards applicable in the open labour market save where derogation
from such laws and standards is strictly necessary. Israel)
Article 23
Social [security Kenya, Lebanon] (support Kenya) (securities Lebanon)
and [an Kenya] adequate [standard of living - Chile , (quality of
life Chile)
(The right to an adequate standard of living and social protection
Jordan)
(Adequate standard of living and social security Costa Rica, EU, New
Zealand)
1. [States Parties recognize (and ensure Yemen, Palestine) the right
of all persons with disabilities to (an adequate standard of living
for themselves and their families and Costa Rica) (social protection,
including Jamaica) (all types of social securities Lebanon) [[social
[security] Kenya] - Lebanon] (support Kenya), (and other assistance
including functional technical aids Mexico) [including Jamaica]
[social [insurance Jordan] Uganda] Australia] (and social [insurance
Australia] (assistance Australia), including disability specific
services Australia) (and social assistance Jamaica, Uganda), (support
Jordan) [and to the enjoyment of [that Costa Rica] (these Costa
Rica) [right Costa Rica] (rights Costa Rica) without discrimination
on the basis of (the kind of Israel) disability China], (on an equal
basis with others China) and [shall China] (undertake to China)
take [appropriate Australia] (and progressive China) steps to [safeguard
and promote China] (realise China) [the (progressive South Africa,
Australia) realization of China] [that Costa Rica] (these Costa
Rica) [right Costa Rica] (rights Costa Rica) right, including measures
to - Namibia] :
(States Parties recognize the right of all persons with disabilities
to an adequate standard of living for themselves and their families,
including adequate food, clothing, housing and access to clean water,
and to the continuous improvement of living conditions. As such, States
Parties will undertake to take appropriate steps to safeguard and promote
the realization of these rights Namibia)
[[(a) [Ensure Japan, China] (Create conditions which would assure
to all persons with disabilities - Japan) (Promote) [access Israel]
(entitlement) by persons with disabilities to necessary (support Costa
Rica) services, (technical aids, Costa Rica) devices (free of charge
Yemen) and other assistance for disability-related needs;
[[(b) [Ensure Japan, China] (Create conditions which would assure
to all persons with disabilities - Japan) (Promote China) [access
Israel] (entitlement) by persons with disabilities, [particularly
women and girls with disabilities and the [aged Philippines] (older
persons Philippines) with disabilities China] (and members of minority
groups with disabilities Israel) , to social security programmes and
[poverty-reduction - Cuba] (poverty eradication Cuba) strategies,
and to take into account the needs and perspectives of persons with
disabilities in all such programmes and strategies; - Canada, New Zealand]
[(c) [Ensure Japan, China] (Create conditions which would assure to
all persons with disabilities - Japan) (Promote China) [access Israel]
(entitlement) (in particular Costa Rica) by persons with [[[severe
and Yemen, Argentina] multiple Philippines, Japan, Brazil, Kenya,
Mexico, Canada, Palestine, Cuba, Bahrain, Lebanon] disabilities, [and
their families Japan] Thailand], (who live in poor conditions
Bahrain) (or care givers Morocco, Uganda) (to the extent of these
persons disabilities Kenya) (irrespective of type, gravity and complexity
of disability - Thailand) [living in situations of poverty Kenya,
Uganda] to (progressive Cameroon) assistance from the State to cover
disability-related expenses [(including adequate training, counselling,
(social assistance, including Mexico) financial assistance and respite
care), which should not become a disincentive to develop themselves
- Canada] ; (The assistance should be reviewed periodically Jordan)
(the severity of disability and the fact that the person has more than
one disability are legitimate factors in determining the level of entitlement
in accordance with this sub-paragraph Israel) EU] New Zealand]
(d) [Ensure Japan] (Create conditions which would assure to all persons
with disabilities - Japan) (equitable New Zealand) [[access Israel]
(entitlement) by persons with disabilities Costa Rica] to [governmental
(and private Philippines) housing programmes (with priority to be
given for their accommodation to such housing Chile), (and encourage
private developers to cater for persons with disabilities Uganda)
[including through earmarking percentages of governmental housing for
persons with disabilities Japan, EU, Canada, Liechtenstein, New Zealand,
Australia]; - Namibia, Costa Rica] (are developed in accordance with
universal design Costa Rica)
a) (With regard to the right to adequate housing, States Parties undertake
to engage in no act or practice of discrimination on the grounds of
disability in relation to housing policies and programmes and to take
all appropriate measures to ensure that all public authorities, public
institutions and private entities shall act in conformity with this
obligation.
b) States Parties undertake to guarantee the full participation of disabled
persons in the elaboration and implementation of housing related legislation
reflect their needs.
c) States Parties shall take all appropriate measures to ensure that
persons with disabilities can freely enjoy and exercise their right
to housing and can participate fully and equally within society. Steps
to be taken by the States Parties should ensure that housing for persons
with disabilities:
i. Provides security of tenure and freedom from forced eviction.
ii. Provides for the physical safety of occupants and protection from
threats to health, structural hazards and disease vectors.
iii. Is affordable and does not compromise the ability of persons with
disabilities to secure other basic needs.
iv. Contains all facilities essential for health, security, comfort
and nutrition.
v. Is located in appropriate proximity to support services, employment
options, health care services and other social facilities.
d) States Parties shall develop programmes to ensure that persons with
disabilities have access to affordable water, including for persons
who require additional quantities of water for personal and domestic
needs and for those with difficulties in physically accessing sanitation
and water supply points and facilities Namibia)
[(e) [Ensure Japan] (Create conditions which would assure to all
persons with disabilities - Japan) (equal Jordan) [access Israel]
(entitlement) by persons with disabilities to tax exemptions and tax
benefits (and to other benefits to which they are entitled in respect
of the degree of their disability Cameroon) in respect of (equipment
and assistive devices for persons with disabilities Kenya) their income;
- EU, Canada, New Zealand, Costa Rica]
(Provide assistance to persons with disabilities and their families
to meet the extra costs they each incur because of disability New
Zealand)
(f) [(Promulgate legislation to Namibia) (Encourage to Japan)
Ensure that persons with disabilities are able to access life and health
(and other types of Lebanon) insurance (or other forms of support
by the community Cameroon) without discrimination on the basis of
disability. (Whether the system is for individual or capitalization
saving, the cost for the person with disability should be the same as
that applied to all persons. Chile) (in public and private institutions
Namibia) (and in accordance with national law Australia) - EU, Canada]
China] (Take appropriate measures to enable persons with disabilities
to have access to life and health insurance based on objective criteria
EU)
(Promote access by persons with disabilities, living in situations
of poverty, to assistance from the State, in areas such as housing programmes,
taxation, life and health insurance and respite care China)
((g) eliminate discrimination on the basis of disability from social
security and social assistance provided to the population generally,
and from the administration of disability specific services for people
with disabilities. Australia)
[2. [States Parties recognize the right of all persons with disabilities
to an adequate [standard of (food, clothing, and housing Vietnam)
[living Vietnam] Chile] (quality of life Chile) for themselves
and their families, [including (but not limited to Philippines) adequate
food, (education Philippines) housing [and access to clean water,
- China, EU] Vietnam] (on an equal basis with others Japan) (access
to basic services Mexico) and to the continuous improvement of living
conditions, and will [undertake China] (take - China) appropriate
steps to [safeguard and promote] (ensure China) the (progressive
South Africa) realization of this right. Chile] (, recognizing to
this effect the essential importance of international cooperation based
on free consent China) (without discrimination on the basis of disability
EU) (States Parties recognize the right of all persons with disabilities
to an adequate quality of life for themselves and their families, including
food, clothing, appropriate housing, access to potable water and basic
sanitary services, and the continuous improvement of their living conditions,
and will adopt measures to protect and promote the achievement of this
right. Chile) Costa Rica]
((a) ensure equitable access by persons with disabilities to government
regional development programmes and poverty elimination strategies,
including international aid programmes - New Zealand)
(Promote the allocation of a certain percentage of the government budget
to ensure an adequate standard of living for persons with disabilities
Philippines)
Article 24
Participation in cultural life, (religion Kenya, Holy See, Uganda,
Namibia, Philippines) recreation, leisure (physical culture Mexico)
and sport
1. [States Parties recognize the right of all persons with disabilities
to take part in cultural life, (creating them the facilities for the
enjoyment of Chile) New Zealand] [and (States parties shall respect
and promote the right to all persons with disabilities to engage in
cultural, artistic, recreational and leisure activity. In order to promote
and protect the realisation of this right States Parties New Zealand)
shall take all appropriate (and progressive China) measures to ensure
(including by way of legislation to the maximum extent that is reasonable
Israel) that persons with disabilities EU] (and shall promote appropriate
measures for persons with disabilities to EU, Canada):
(a) Have the opportunity to develop and utilize (and express Mexico)
their creative, artistic and intellectual (and physical New Zealand,
Israel) potential, [not only for their own benefit, but also for the
enrichment of their community Israel] (for both their own benefit
and the benefit of their communities and the society as a whole Israel);
(b) [Enjoy access (at the least cost Morocco) [to (literature and
other cultural materials in all accessible formats, including (inter
alia - Colombia) in electronic text, sign language and Braille, and
in audio and (free Yemen) multimedia formats New Zealand] (on an
equal basis to all cultural materials and activities New Zealand)
Jordan] (Enjoy equitable access to and participation in cultural and
sports material, activities, services and facilities Jordan);
[[(c) [Enjoy access to (international and regional Yemen) television
programmes, films, theatre and other cultural activities, in all accessible
formats, including captioning and sign language New Zealand] (Have
the opportunity to participate in all cultural, artistic and sporting
activities of their choice at local, regional, national and international
levels New Zealand); - EU
(d) [Enjoy access to places for cultural performances or services, such
as theatres, museums, cinemas, libraries (concert and other musical
performances Israel) and the [hospitality Mexico] (hotel Mexico)
industry (and enjoy such performances Costa Rica) (and services
Mexico, Costa Rica), and, [as far as - Israel] (to the maximum extent
Israel) possible, enjoy access to (exhibits, - Uganda) monuments and
sites of national cultural importance (granting those facilities which
allow the enjoyment of these artistic expressions. Chile) New Zealand].
Jordan]
(Receive on an equal basis to other people instruction, training and
resources for the pursuit of all cultural, artistic and sporting activities
New Zealand)
2. States Parties shall take all appropriate steps to ensure that laws
protecting intellectual property rights do not constitute [an unreasonable
Canada] or discriminatory Thailand, Guatemala] (any Thailand)
barrier to access by persons with disabilities to cultural materials,
[while (in accordance with international agreements Japan) respecting
the provisions of international law Thailand].
[3. [Persons [who are deaf Israel] (and the deafblind Uganda) (with
disabilities of all kinds Israel) shall be entitled, on an equal basis
with others, to recognition and support of Costa Rica] (States Parties
recognise that deaf persons living under their jurisdiction are entitled
to - Costa Rica) their (own Costa Rica) specific cultural and linguistic
identity. EU, Japan] (and shall take all appropriate measures to support
this right Costa Rica).
(3. bis States Parties recognize the fundamental right of persons with
disabilities to practice a religion of their choice and shall take all
appropriate measures to ensure that persons with disabilities:
a. enjoy the opportunity to develop their spirituality and practice
their faith;
b. have access to houses of worship, shrines and sites of religious
importance;
c. can belong to a community of believers and participate fully in the
life of the congregation and in the rites, ceremonies and sacraments
that are part of worship;
d. have access to appropriate religious education and receive instruction
in the format that best suits their needs;
e. will be protected from religious abuse, exploitation and coercion.
Kenya, Uganda)
[4. [States Parties recognize the right of persons with disabilities,
[on an [equal South Africa] (equitable South Africa) basis with
others, - Mexico, Guatemala] (in conditions of equity with other persons
Mexico) to participate in [recreational Yemen], leisure and sporting
activities (including tourism Costa Rica) and shall take appropriate
measures to EU] (do all of the following, to the maximum extent that
is reasonable - Israel) (With a view to enabling persons with disabilities
to participate on an equal basis as others in recreational, leisure
(activities, physical culture and sports - Mexico) and [sporting activities
Mexico] (to promote a healthy lifestyle South Africa), States Parties
shall take appropriate measures to EU):
(a) [Encourage South Africa, Namibia] (Ensure South Africa, Namibia)
and promote the (full South Africa) participation, [to the fullest
extent possible South Africa], of persons with disabilities in [mainstream
China, Costa Rica, Namibia] (integrated Namibia) [sporting activities
Mexico] (physical culture and sports Mexico) at (club, South Africa)
(local, Namibia) regional, national and international levels (, and
promote sporting activities tailored to the needs of persons with disabilities
as well as disability-specific sports Rep. of Korea) ;
(b) Ensure that persons with disabilities have an opportunity to organize
and participate in sporting (recreational and leisure South Africa)
activities and [to receive [the same Mexico, South Africa, Costa Rica,
Uganda, Namibia] (the necessary Uganda, Namibia) (the appropriate
- Costa Rica) instruction, training and (equitable South Africa) resources
in support [that is available to other participants Mexico, Costa
Rica] (in conditions of equity with other participants Mexico) EU]
(encourage the provision of appropriate instruction, training and support
EU);
[(c) Ensure that (all Mexico) persons with disabilities have access
to [sporting and recreational venues, [and that [children Chile] (pupils
Chile) with disabilities have equal access to participating in sporting
activities with the education system Mexico, Costa Rica] (to qualified
and specialised children Bahrain) (to participate in sporting activities
in conditions of equity within then education system, including children
with disabilities Mexico); (the physical environment for practicing
sporting and recreational activities, including facilities and venues
for such practices Costa Rica).
((c bis) Ensure that persons with disabilities have access and can
enjoy touristic attractions.
(c tris) Ensure that children with disabilities have equal access to
participating in sporting and recreational activities, including those
in the educational system Costa Rica)
[(d) Ensure that persons with disabilities have (equal South Africa)
access to services from those involved in the organization of recreational,
(and Mexico) leisure (tourism Israel) [and sporting Mexico] (physical
culture and sports Mexico) activities. EU] New Zealand, Jordan,
Costa Rica]
((d bis) Ensure equitable access to government and private funding
for persons with disabilities to facilitate full participation in sporting,
recreational and leisure activities and organisation.
Encourage all public media to provide appropriate and equitable coverage
of the achievement of persons with disabilities in sports, recreational
and leisure activities, as well as the availability of such activities
to all persons with disabilities - South Africa)
((e) Ensure that persons with disabilities subject to multiple forms
of discrimination, such as women and refugees have access to sports,
recreation and leisure activities Namibia)
((e) Promote the development, import and/or exchange of sporting equipment
taking into account the different types of disabilities and the different
sports Colombia)
(Develop the sportive potential of persons with disabilities, promoting
sports, massive, competitive, of high performance and age-ranged along
all the groups and places of each national territory.
Promote training in educators and trainers which carry out sports and
recreation programmes, for the adequate inclusion and attention of persons
with disabilities in those programmes. - Chile)
(5. States Parties shall take all appropriate steps to remove discriminatory
societal barriers to the enjoyment of all the rights in this article
Uganda)
(Article 24 bis
International cooperation Mexico)
State Parties shall engage in international cooperation as an essential
element for the implementation of this convention in a spirit of solidarity,
in particular for the full and equal enjoyment of all human rights and
the dignity of persons with disabilities. State Parties at all levels
of government should encourage and support the exchange of knowledge,
experience and international cooperation with international and regional
organizations, specialized agencies, organizations of persons with disabilities,
non-governmental organizations, national human rights institutions,
as well as other national institutions, private sector, financial institutions
and other stakeholders.
1. International cooperation among States shall include, but not be
limited to:
a) Contribute to international and regional programmes and related
activities aimed at raising awareness about the rights of persons with
disabilities and combating stereotypes;
b) Sharing information concerning best practices on measures, legislation,
national policies and programmes to implement the present convention;
c) [Adopting measures in favor of persons with disabilities in Thailand]
(Ensuring that Thailand) existing and future international cooperation
activities, agreements and programmes (are inclusive to persons with
disabilities and their needs Thailand);
d) Encouraging programmes of exchange concerning information, technical
assistance, communications and assistive [devices Thailand] (technologies
Thailand) or equipment;
e) Taking measures, including financial and technical assistance, aimed
at enhancing with a multidisciplinary approach the capacities of States
to effectively implement this Convention.
((f) Conclude agreements for the issue of regional or international
disabled persons cards for the purpose of various entitlements Israel)
2. International cooperation with respect to international and regional
organizations shall include:
a) The United Nations and its specialized agencies shall take steps
to ensure the effective integration of a disability perspective in their
work and to periodically assess the impact of their programmes and activities
on the full and equal enjoyment of all the human rights and dignity
of persons with disabilities and to adjust them where required;
b) Increasing advisory services and technical cooperation;
c) Promoting meetings, courses, seminars and workshops and other related
activities for the study of matters and problems related to the full
and equal enjoyment of all human rights and the dignity of persons with
disabilities;
d) Inviting international and regional finance and development institutions
to similarly adopt a disability perspective into their work and to assess
and periodically adjust their policies and programmes;
e) Fostering bilateral, regional and international financial arrangements
to promote the full and equal enjoyment of all human rights and the
dignity of persons with disabilities; (including the establishment of
bilateral, regional and international research and development funds
Israel)
3. International cooperation with respect to civil society and the
private sector shall include:
a) Promoting the sharing of knowledge and experiences between non governmental
organizations and organizations of persons with disabilities within
and between regions, particularly through meetings, courses, seminars
and workshops and other related activities; (including partnerships
and cooperation agreements between local and municipal authorities in
different states Israel)
b) Contribute to public awareness raising about the rights of persons
with disabilities and combating stereotypes;
c) Supporting capacity building within civil society to engage more
effectively and constructively with States Parties and with the relevant
international and regional machinery, through, for example, training
and technical cooperation.
d) Develop joint projects with the private sector and civil society
to contribute to ensure the early participation of persons with disabilities
into productive life;
e) Adopting measures including incentive measures to harness the positive
potential of private sector as key agents for change;
(4. States Parties shall undertake all appropriate legislative, administrative,
and other measures for the implementation of the rights recognized in
the present convention. With regard to economic, social and cultural
rights, States Parties shall undertake such measures to the maximum
extent of their available resources and, where needed, within the framework
of international cooperation Argentina)
Chinas proposal on International Cooperation
States Parties recognize that international cooperation is conducive
to the implementation of this Convention and undertake to take appropriate
measures in coordination with each other as well as with international
and regional organizations, in particular:
(a) exchange and sharing of information especially that concerning
progress and challenges in implementing this Convention;
(b) mainstream disability issues into cooperation program framework;
(c) encourage the provision of technical and economic assistance to
developing countries, including technology transfer, to enhance the
capacities to effectively implement the Convention.
Vietnams proposal on International Cooperation
States parties shall promote direct cooperation with international organizations,
including bilateral, multi-bilateral organizations, and non-governmental
organizations to strengthen capacity for the implementation of this
convention. Fundamental issues are as follows:
a) Development of national legislation, policies, programmes and projects
related to the rights of persons with disabilities;
b) Increasing public awareness on disability and the rights of persons
with disabilities;
c) Promoting research and application of assistive technologies for
persons with disabilities and their organizations;
d) Conducting training courses, workshops and research for the implementation
of this convention;
e) Strengthening capacity training provided for persons with disabilities
for their enjoyment of the rights under this convention
Article 25
Monitoring
National implementation framework
1. States Parties shall designate a focal point within government for
matters relating to the implementation of the present Convention, and
give due consideration to the establishment or designation of a coordination
mechanism to facilitate related action in different sectors and at different
levels.
2. States Parties shall, in accordance with their legal and administrative
system, maintain, strengthen, designate or establish at the national
level a framework to promote, protect and monitor implementation of
the rights recognized in the present Convention.
|
