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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 -
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