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Back to: Third Session of the Ad Hoc Committee
Fourth Session of the Ad Hoc Committee
Documents of the Fourth Session
Documents of the Fifth Session

Report of the third session of the Ad Hoc Committee on a
Comprehensive and Integral International Convention on
the Protection and Promotion of the Rights and Dignity of
Persons with Disabilities

Part one

I. Introduction

1. In its resolution 56/168 of 19 December 2001, the General Assembly decided to establish an Ad Hoc Committee to consider proposals for a comprehensive and integral international convention to promote and protect the rights and dignity of persons with disabilities, based on the holistic approach in the work done in the fields of social development, human rights and non-discrimination and taking into account the recommendations of the Commission on Human Rights and the Commission for Social Development.

2. The General Assembly, in its resolution 58/246 of 23 December 2003, also decided that, prior to its fifty-ninth session, the Ad Hoc Committee should hold two sessions of a duration of 10 working days each in 2004.

II. Organizational matters

A. Opening and duration of the third session

3. The Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities held its third session at United Nations Headquarters from 24 May to 4 June 2004. In the course of its session, the Ad Hoc Committee held 18 plenary meetings.

4. The Division for Social Policy and Development of the Department of Economic and Social Affairs acted as the substantive secretariat, while the Disarmament and Decolonization Affairs Branch of the Department for General Assembly and Conference Management served as secretariat of the Ad Hoc Committee.

5. The third session of the Ad Hoc Committee was opened by the Chairman of the Committee, Luis Gallegos Chiriboga, Ambassador and Permanent Representative of Ecuador to the United Nations. The Under-Secretary-General for Economic and Social Affairs, Jose Antonio Ocampo, Special Representative of the Secretary-General, made a statement on behalf of the Secretary-General. The Representative of New Zealand, Ambassador Don MacKay, on behalf of the Chairman of the Working Group of the Ad Hoc Committee, introduced the report of the Working Group (A/AC.265/2004/WG.1).

B. Officers

6. The following officers continued to serve on the Bureau of the Committee:

Chairman:
Luis Gallegos (Ecuador)

Vice-Chairmen:
Ivana Grollovà (Czech Republic)
Leslie Gatan (Philippines)
Jeanette Ndhlovu (South Africa)
Carina Mårtensson (Sweden)

C. Agenda

7. At the 1st meeting, on 24 May 2004, the Ad Hoc Committee adopted its provisional agenda, as contained in document A/AC.265/2004/L.1, as follows:
1. Opening of the session.
2. Adoption of the agenda.
3. Organization of work.
4. Report of the Working Group of the Ad Hoc Committee.
5. Consideration of the draft text contained in the report of the Working Group of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (A/AC.265/2004/WG.1, annex I).
6. Conclusions of the third session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities.
7. Consideration and adoption of the report of the third session of the Ad Hoc Committee.

D. Documentation

8. The Ad Hoc Committee had before it the following documents:

(a) Provisional agenda (A/AC.265/2004/L.1);
(b) List of participants (A/AC.265/2004/INF/1);
(c) Draft organization of work (A/AC.265/2004/CRP.1);
(d) Report of the Working Group looking at the protection of the rights of persons with disabilities (A/AC.265/2004/CRP.2);
(e) Letter dated 3 March 2004 from the Permanent Representative of the Russian Federation to the United Nations addressed to the Secretary-General (A/AC.265/2004/1);
(f) Report of the United Nations High Commissioner for Human Rights on progress in the implementation of the recommendations contained in the study on the human rights of persons with disabilities (A/AC.265/2004/2);
(g) Use of the United Nations Voluntary Fund on Disability to support the participation of non-governmental organizations and experts (A/AC.265/2004/3);
(h) Compilation of proposals for a comprehensive and integral international convention on protection and promotion of the rights and dignity of persons with disabilities (A/AC.265/CRP.13 and Add.1);
(i) Report of the Working Group to the Ad Hoc Committee (A/AC.265/2004/WG.1);
(j) First session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities: draft text, including related references (A/AC.265/WG.2), CD-ROM version only.

III. Organization of work

9. During its plenary meetings (24 May-4 June 2004), the Ad Hoc Committee conducted a first reading of the draft text of the convention as contained in the report of the Working Group (A/AC.265/2004/WG.1). The Committee considered articles 1 to 24, issues of international cooperation and the preamble. The Committee decided to defer the consideration of the title, the structure, part of the preamble, definitions (article 3) and monitoring (article 25) to its fourth session, to be held from 23 August to 3 September 2004.

IV. Decision

10. At its 18th meeting, on 4 June 2004, the Ad Hoc Committee decided to postpone to its fourth session its consideration of a compilation (contained in annex II to the present report) 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.

V. Recommendations

11. The Ad Hoc Committee invites the Bureau of the Ad Hoc Committee to hold an intersessional meeting regarding the preparation and organization of its fourth session, including a provisional agenda, to be issued at least three weeks prior to the beginning of the session, containing, inter alia, the timetable and programme of work.

12. With regard to accessibility, and in accordance with General Assembly decision 56/473, the Committee strongly recommends that the Secretary-General implement some measures, within existing resources, as further steps to facilitate access to United Nations premises, technology and documents. The Committee, therefore, invites, inter alia, persons with disabilities and experts to present proposals in this regard.

VI. Adoption of the report of the Ad Hoc Committee

13. At the 18th meeting, on 4 June 2004, the Committee adopted the draft report to the General Assembly at its fifty-ninth session (A/AC.265/2004/L.2), as orally amended.

Annex I

Additional list of non-governmental organizations
accredited to the Ad Hoc Committee on a Comprehensive
and Integral International Convention on Protection
and Promotion of the Rights and Dignity of Persons
with Disabilities

1. Bizchut, the Israel Human Rights Centre for People with Disabilities
2. International Paralympic Committee (IPC)
3. People with Disabilities in Ireland (PwDI)
4. Tunisian Association for the Promotion of Employment for the Handicapped

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^*

Draft [comprehensive and integral — European Union
(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 ¹

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,² — 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)

(Recognizing 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] (Recognizing — India, Namibia) the importance of international cooperation³ (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,⁴ — EU, Syrian Arab Republic] (Recognizing 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 — Republic 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,⁵ — 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) Recognizing that women and girls with disabilities are often subject to multiple discrimination and therefore suffer particular disadvantages

(n ter) Recognizing 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,⁶ (in accordance with the Millennium Declaration on this matter — Chile) (and therefore convinced of the need to eradicate it — Costa Rica) — EU] (Recognizing 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 — Syrian Arab Republic, 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) Recognizing 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 group 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) Recognizing 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)

(Recognizing 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.

Recognizing that HIV/AIDS impacts negatively on persons with disabilities in all spheres of life. — Kenya)

(Recognizing 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 purpose⁷ 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.⁸

(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 one’s 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 realization 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 Federation]. 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
Definitions⁹

"Accessibility"¹⁰

"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.¹¹

"Disability"¹²

"Persons with disability"¹³

"Discrimination on the ground of disability"¹⁴

"Language" includes oral-aural language and sign language.¹⁵

"Reasonable accommodation"¹⁶

"Universal design” and “Inclusive design".¹⁷

[Article 4
General obligations ^{18, 19}

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 jurisdiction²⁰ — 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 - Costa Rica] 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 [promote²¹ — 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].²² (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 recognized 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 3 bis]

[[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 3 bis]

(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 — Arab Group) 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 3 bis]

(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 3 bis] — New Zealand]

Article 6
Statistics and data collection²³

(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 pathologizing 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 organizations 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 organizations 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 disabilities 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, indirect²⁴ — Yemen] and systemic, and shall also include discrimination based on an actual (past — Israel) (disability — Canada) or a disability (that is —Canada) [perceived]²⁵ (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.²⁶ (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),27 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) measures²⁸ ] (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.²⁹ — 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 3 bis]

((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 3 bis:

1. States Parties recognize 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 realization 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, organization 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 life³⁰

[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.³¹ — 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] (Recognize 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,³² [including in [financial — Uganda] (political, civil, social, cultural and economic — Uganda) matters — India] — Costa Rica] (except as provided by law — India); — China] — EU] — Mexico]

(Recognize persons with disabilities as individuals with equal rights before the law and guarantee equality before the law, without discrimination against persons with disabilities — EU)

(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 safeguards³³ (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;³⁴ — 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 — Viet Nam) to have equal access to bank loans, mortgages and other forms of financial credit; (bearing in mind the quality and degree of disability — Syrian Arab Republic) — 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 recognized 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 adult’s 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 adult’s 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 adult’s degree of legal incapacity and tailored to the adult’s individual circumstances; and,

(b) Ensuring that personal representatives take into account, to the maximum extent possible, the adult’s 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 liberty³⁵ unlawfully³⁶ 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.³⁷

((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 — Republic of 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);

(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 institutionalization 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 institutionalization 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.³⁸ — 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/surrogate’s 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 recognize 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, recognize 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 measures³⁹ 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 language⁴⁰ [and other modes of communication⁴¹ 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 formats⁴² [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 — Republic of Korea), (and where necessary their parents and caregivers — Uganda) to ensure their access to information (, including training of interpreters, and access to new information and communication technologies — Costa Rica);⁴³

(Providing training of life assistance and intermediaries such as sign language and tactile interpreters, note takers, readers and others — Lebanon)

(f) [Encouraging — Yemen]⁴⁴ (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) [correspondence⁴⁵ — 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),⁴⁶ 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 — Libyan Arab Jamahiriya, Saudi Arabia) and have (responsible — Philippines) [sexual and other intimate relationships — Libyan Arab Jamahiriya] (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); — Islamic Republic of Iran] (through legitimate marriage — Syrian Arab Republic) — 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 — Islamic Republic of 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 children⁴⁷ [on an equal basis [with other persons⁴⁸ — Costa Rica] — EU, Mexico] (including protection against non-consensual sterilization — 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 — Syrian Arab Republic, Qatar, Bahrain] (or guardianship — Yemen) (guardianship — Syrian Arab Republic) (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;⁴⁹ — 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;⁵⁰ — 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.⁵¹

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;⁵²

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 [independently⁵³ — 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);⁵⁴ — Argentina, Sierra Leone, Canada, South Africa, Russian Federation]

((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];⁵⁵ — 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 organizations 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 — Viet Nam)

((d bis) Community support services are provided in a manner that recognizes 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. — Republic of Korea)

[Article 16
Children with disabilities⁵⁶

[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 child’s active participation in the community. — Sierra Leone] (in dignity within their respective communities — Sierra Leone).

(2 bis. States Parties recognize 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 child’s 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 — Viet Nam) — 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 child’s 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 child’s 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 — Viet Nam) paragraph 3 of the present article shall be provided [free of charge — Viet Nam], 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 child’s 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 recognize 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)

(5 bis. States Parties recognize the vulnerability of children to sexual abuse and exploitation and shall endeavour to ensure their protection.

5 ter. States Parties recognize 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.

5 quart. 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.

5 sext. 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 child’s best interests. — Canada)

(7. States Parties shall undertake to prohibit the sterilization 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
Education⁵⁷ (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 [[children⁵⁸ — Russian Federation] (persons — Russian Federation, Argentina, Costa Rica, New Zealand, Bahrain, Kenya, South Africa, Serbia and Montenegro, Thailand, Mexico, Republic of Korea, Trinidad and Tobago) with disabilities — Mexico] (persons with disabilities shall take into account their best interests and — Mexico) shall be directed to:⁵⁹ — 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 [child’s — Russian Federation] personality, talents and mental and physical (cultural and spiritual — Bahrain) abilities (of persons with disabilities — Russian Federation) to their [fullest — EU] (full — EU) potential;

[(d) [[Taking into account — EU] (Promoting — EU) the best interests of [the child — Russian Federation, Trinidad and Tobago] (children — Trinidad and Tobago) (persons with disabilities — Russian Federation), (while respecting the rights and responsibilities of parents and, when applicable, legal guardians concerning the child’s education — Holy See) in particular by individualizing education plans (and granting, if need be, possibilities of education at home — Russian Federation). — 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 Federation)

[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);⁶⁰ (taking account of medical and social recommendations — Russian Federation) — EU]

(That persons with disabilities can avail of inclusive and accessible education (including equal access to early childhood and pre-school 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,⁶¹ (instructors — Costa Rica) [school counsellors and psychologists — Lebanon] — EU] (other educational staff as needed — Lebanon) (sociologists — Yemen) (appropriate support including specialized 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 child’s 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 course 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 [learning⁶² — Yemen, Mexico] (education — Yemen, New Zealand) (teaching — Mexico) should:⁶³ — 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;⁶⁴

[(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 specialized 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 — Libyan Arab Jamahiriya) — 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 specialized 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.⁶⁵ — 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)

(5 bis 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):⁶⁶

(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 people with disabilities without any discrimination have the opportunity to represent their governments and to participate in the work of international organizations — 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 organizations — 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).⁶⁷ (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 organizations — Sierra Leone) non-governmental organizations 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 organizations 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, African Group]⁶⁸ (progressive — Japan, Australia, India, African Group) measures (gradually — Mexico) (to the maximum extent of their available resources — China) [to identify and eliminate obstacles — Mexico (and barriers — African Group), and (in accordance with available resources — Viet Nam) to ensure (the best — Viet Nam) 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)⁶⁹ 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 — African Group] — Mexico] — Chile],⁷⁰ (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 [public⁷¹ buildings — Japan, African Group] (buildings for public use — Japan, African Group) (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 — African Group] 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 arch

Report of the third session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities

Report of the third session of the Ad Hoc Committee on a
Comprehensive and Integral International Convention on
the Protection and Promotion of the Rights and Dignity of
Persons with Disabilities