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Back to: Third Session of the Ad Hoc Committee
Daily summary of discussions
Daily
summary of discussions related to Article 24
PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT
UN Convention on the Rights of People with Disabilities
Third session of the Ad Hoc Committee - Daily Summary
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Volume 4, #7
June 2, 2004
Afternoon Session
Commenced: 3:20 PM
Adjourned: 5:57 PM
Ireland, on behalf of the European Union (EU)
suggested amending the chapeau by replacing “and shall take all appropriate
measures to ensure that persons with disabilities” with “and shall promote
appropriate measures for persons with disabilities to,” because the
original text goes beyond the powers of States to deliver. The Convention
should deal with the universality of PWD, so 24.3 should be deleted
because it singles out a particular disability group. In 24.4, to avoid
appearing to create new rights, the chapeau should be revised to read
as follows: “With a view to enabling persons with disabilities to participate
on an equal basis as others in recreational, leisure and sporting activities,
States Parties shall take appropriate measures to” in order to indicate
the purpose of State measures. Because instruction, training and support
are provided by sporting organizations on a voluntary basis, not by
States, 24.4(b) should be revised to read: “ensure that persons with
disabilities have an opportunity to organize and participate in sporting
activities and encourage the provision of appropriate instruction, training
and support." Finally, both 24.4(c), which is covered in Article
19, and 24.4(d), which is covered by the EU's revised 24.4(b), should
be deleted.
Yemen proposed splitting Article 24 into two articles
-- one, Article 24, "Participation in cultural life, including
intellectual, civilization and history, which would end after 24.3;
and another, Article 24(bis), "Participation in recreation and
sport activities," drawing on the text in 24.4. In 24.1(b), “free”
should be added before “multimedia formats.” In 24.1(c), the words “international
and regional" should be added before "television."
Mexico proposed a title change with the addition of
“physical culture” between “leisure” and “and sport.” In 24.1(a) the
words “and express” should be inserted following “utilize.” In 24.1(d),
“hospitality” should be replaced by “hotel,” and the words “and services”
should be inserted after “industry.” In the 24.4 chapeau the words “on
an equal basis with others,” should be replaced by “in conditions of
equity with other persons." In 24.4(a), “sporting activities"
should be deleted and, after "leisure" should be inserted
the words “activities, physical culture and sports." In 24.4(b),
the phrases “the same” and “that is available to other participants"
should be deleted, and “in conditions of equity with other participants"
should be inserted after "support." In 24.4(c), Mexico suggested
inserting “all” before “PWD,” and “to participate in sporting activities
in conditions of equity within the education system, including children
with disabilities” following “venues.” It suggested deleting “and that
children with disabilities have equal access to participating in sporting
activities with the education system.” In 24.4(d) it suggested inserting
“and” after “recreational”; and deleting “and sporting” after “leisure";
and adding “physical culture and sports” after “activities.” States
should take on a major role in promoting access to cultural opportunities
for PWD.
Thailand suggested amending 24.2 by deleting the words
“and unreasonable” and replacing them with “any.” Following “cultural
materials,” the rest of the sentence should be deleted. States should
play a major legislative role in ensuring these rights. Many activities
are organized and run by private entities, but they are obliged to follow
the law.
Chile noted, in reference to 24.1(d) regarding access
to cultural facilities, that “access” is important, but it is equally
important to consider what else is required for people to enjoy cultural
events. In 24.4, it proposed adding two subsections. The first would
refer to developing the sports potential of PWD, by promoting their
involvement at various levels. The second would address training for
teachers and monitors handling sports and recreational programs in methods
for facilitating the participation of PWD.
South Africa proposed separating recreational and
leisure rights from cultural rights, addressing the latter in a new
paragraph, 24(bis), which would also incorporate the current Article's
content relating to cultural and linguistic identity and rights as suggested
by footnote 109. Providing for cultural and linguistic rights would
bring this Convention into conformity with other international instruments.
South Africa also proposed several amendments. In the chapeau of 24.4,
“equal” should be replaced with “equitable”; and the words "to
promote a healthy lifestyle" should be inserted after "sporting
activities." In 24.4(a), “encourage” should be replaced by “ensure";
before "regional" should be inserted the word "club,"
because this is where participation in organized sports often begins,
providing a base for advancing to higher levels of sport; and the words
“to the fullest extent possible” should be deleted because this implies
a focus on their limitations. The text of 24.4(b) should be changed
to read, “Ensure that PWD have an opportunity to organise and participate
in sporting, recreational and leisure activities, and to receive equitable
and relevant instruction, training, resources and support.” South Africa
explained that providing “the same” resources and support to PWD would
be inequitable; and the phrase “that is available to other participants”
is redundant. The text of 24.4(c) should be changed to read: “Ensure
that PWD have access to sporting, recreational, and leisure facilities."
The clause regarding children with disabilities' access to sporting
activities within the education system should be moved to Article 17
on Education. In 24.4(d), the word "equal" should be inserted
before "access." South Africa suggested a new subparagraph,
24.4(d)(bis), as follows: “Ensure equitable access to government and
private funding for PWD to facilitate full participation in sporting,
recreational and leisure activities and organization.” In order to target
the media, 24.4(d)(bis) should go on to read as follows: “Encourage
all public media to give appropriate and equitable coverage of the achievement
of persons with disabilities in sports, recreational and leisure activities,
as well as the availability of such activities to all persons with disabilities.”
New Zealand noted duplication in the provisions of
this Article. For example, the facility access provisions in 24.1(d)
duplicate Article 19's references to accessibility in the built environment;
and the issue of cultural materials in accessible formats, required
by 24.1(b), should be adequately dealt with in Article 13, access to
information. Therefore, parts of these subparagraphs can be eliminated.
New Zealand also disagreed with proposals to separate cultural/artistic
activities from other activities. Based on these concerns, it submitted
a proposed revision of 24.1, consolidating paragraphs 24.1 and 24.4,
to address rights to participate in both types of activities. (24.2
and 24.3 would remain essentially unchanged.) In its revision, New Zealand
attempts to address several other concerns as well. The current paragraph
24.4 seems concerned primarily with the competitive nature of sports,
in which participants advance to different levels; however, other kinds
of cultural activities may also be pursued at the local, regional, national,
and international levels, whether competitively or not. Also, the opportunity
to develop and utilize potential should apply to physical, as well as
creative and artistic, endeavors. The amendment to the chapeau of 24.1
aims to use language from other international human rights instruments,
including the Convention on the Rights of the Child (CRC). The phrase
"on an equal basis" in 24.1(b) takes into account the fact
that some activities are private, and not available to the general public.
New Zealand pointed out that 24.4(c) contains two very different ideas,
and suggested expanding the second half of the subparagraph, to cover
children with disabilities' access to all cultural, leisure, and physical
activities, not just those in the education system, and moving it to
the Article on children. New Zealand opposed the EU's proposal to delete
24.3, because sign language is integral to the cultural development
of Deaf people. However, it recommended consideration of whether the
cultural identity of other groups of PWD should also be addressed here.
New Zealand opposed Thailand's proposal to amend 24.2 by deleting the
phrase " while respecting the provisions of international law."
That clause would not inhibit the implementation of the paragraph.
Kenya suggested change in the title to “Participation
in Cultural Life, Religion, Recreation, Leisure, and Sport.” It introduced
new paragraph, 24.4(bis), to read as follows: “States Parties recognize
the fundamental right of PWD to practice a religion of their choice,
and shall take all appropriate measures to ensure that PWD:
"(a) enjoy the opportunity to develop their spirituality and practice
their faith;
"(b) have access to houses of worship, shrines and sites of religious
importance;
"(c) can belong to a community of believers and participate fully
in the life of the congregation and in the rites, ceremonies and sacraments
that are a part of worship;
"(d) have access to appropriate religious education and receive
instruction in the format that best suits their needs;
"(e) will be protected from religious abuse, exploitation and coercion.”
Israel proposed several amendments. In the chapeau
of 24.1, after “to ensure,” should be inserted “including by way of
legislation to the maximum extent that is reasonable.” At the end of
24.1(a) should be added “and the society as a whole”; and the words
“and physical potential” should be inserted following the words “intellectual.”
In 24.1(d), after “libraries,” should be inserted “concert and other
musical performances"; and the words “as far as possible” should
be replaced by “work to the maximum extent possible.” In 24.3, the words
“who are deaf” should be replaced by “with disabilities of all kinds.”
In 24.4, at end of the chapeau should be added “Do all the following
at the maximum extent that is reasonable.” In 24.4(d), after “leisure,”
the word “tourism” should be added.
Japan agreed with the EU amendment for the chapeau
of 24.1, and suggested that some issues here need to be done by the
private sector rather than the government due to financial implications.
In 24.2, it suggested strengthening the last part of sentence to comply
with international agreements, by replacing “while” with “in accordance
with international agreements.” In suggested deleting 24.3, as this
issue should be dealt with under 2(d). Japan supported the thrust of
24.4, but it may be overly prescriptive and needing simplification.
Guatemala made two proposals. In 24.2, it suggested deleting
“excessive and discriminatory” since intellectual property rights have
not been an obstacle for PWD. In 24.4, it suggested deleting “on an
equal basis with others.”
Canada supported a more principled and less prescriptive
article. In the chapeau of 24.1, it endorsed the revisions offered by
the EU. It echoed New Zealand's concerns about the overly detailed nature
of 24.1(b), (c), and (d), and the overlap among them and with other
Articles, especially with the access issue. It supported the New Zealand
proposed revision of 24.1(b): pointing out the problem of listing technologies
which may become outdated, it supported shortening the subparagraph
and deleting its mention of specific formats. In 24.2, it suggested
deletion of “an unreasonable,” while retaining “discriminatory.” It
proposed retaining 24.4 on its own, as dedicated to the very important
issue of sports. Regarding 24.4(c), it echoed New Zealand's comments
that the content addresses two issues, access to venues and recreational
participation by children, which either are or could be covered elsewhere
in the Convention. Canada expressed uncertainty about what is intended
in 24.4(d), and asked for either clarification, or else deletion.
The Republic of Korea echoed Canada in attaching importance
to 24.4(a) regarding sports activities for PWD. To broaden the scope
of this subparagraph, Korea proposed appending to it, "and promote
sporting activities tailored to the needs of persons with disabilities
as well as disability-specific sports.”
Jordan called for retaining both cultural and sports
in this Article, because it “put the mind and body together”, and supported
Kenya’s proposal to include religion, in order to add the component
of “soul.” It proposed a rewording of 24.1(b) to read: “Enjoy equitable
access to and participation in cultural and sports material, activities,
services and facilities.” Subparagraphs 24.1(c) and (d) should be deleted,
as the ideas therein are included in the previous article. Article 24.4
in its entirety should be deleted.
China proposed adding language on a gradual timetable
through the insertion of “progressive” after “appropriate.” Paragraph
24.2 should focus on how to ensure that PWD have access to culture,
not to stipulate how States Parties should formulate their law as to
the protection of intellectual rights so as not to discriminate against
PWD, as countries, apart from legislation, have other measures to ensure
access to culture. There are also specific international instruments
to protect intellectual property in order to avoid unnecessary inconsistency.
China recommended that the Committee revisit the paragraph and consider
rewording it in a way that would ensure equal enjoyment of cultural
rights. It directed the Committee to footnote 109 (for 24.3), and endorsed
the idea contained therein, that to avoid unbalanced text, the content
of this paragraph should be reflected in other paragraphs or Articles.
Upon consideration of footnote 111, China proposed that in 24.4(a) “mainstream”
be deleted, as sports activities for people without disabilities might
not meet the needs of PWD and disability-specific activities, such as
the Paralympics, may need to be organized.
Bahrain supported this Article and proposed inserting
in 24.4(c), after “resources,” the words “to qualified and specialized
children.”
Costa Rica considered this Article to have particular
relevance, as quality of life is impacted by the ability to participate
in cultural life, recreational activities, leisure, and sport. In 24.1(d),
in addition to physical access to sites, the subparagraph should address
“enjoyment of” cultural representations (e.g., to see and enjoy volcanoes).
Regarding 24.3, Costa Rica wanted to draw distinctions, as the paragraph
as it stands generates a discriminatory dimension, and proposed a rewording:
“States Parties recognize that persons living under their jurisdiction
are entitled to their own specific cultural and linguistic identities
and shall take all appropriate measures to support it.” In 24.4 it proposed
the insertion of “including tourism” after “sporting activities.” In
24.4(b), “same” should be deleted so that the last part of the subparagraph
reads: “to receive instruction, training and resources appropriate to
ensure the involvement of PWD.” A new subparagraph should be placed
after 24.4(c): “To see to it that persons with disabilities gain access
and be able to enjoy tourist activities.” In 24.4(c) “with the educational
system” should be replaced by “including the educational system.” Subparagraph
24.4(d) should be deleted.
Morocco proposed the insertion of “at the least cost”
after “enjoy access” in 24.4(b).
The Holy See supported this Article in principle and
Kenya’s contribution. Religious practice is a non-derogable right recognized
in both the UDHR and international juridical instruments. Affording
protection of this right in this Convention is a serious issue. It agreed
with Jordan on the integration in human life of many aspects: mind,
body, and soul.
Ireland, speaking only on its own behalf, commented
on the proposal offered by Kenya. Ireland has consistently been a main
sponsor of resolutions on the freedom of religion and belief, and when
it questions the inclusion of this issue in the article, it is not out
of a lack of interest in the subject. PWD are already entitled to all
human rights and it is not necessary in this Convention to repeat each
and every one contained in the two international covenants on human
rights. The question of freedom of thought, conscience, religion and
belief is well set out in Article 18 of the ICCPR, has been elaborated
on in the Declaration on the Elimination of All Forms of Intolerance
Based on Religion and Belief, and further elaborated upon by the jurisprudence
of the Human Rights Committee, and in the resolutions sponsored by Ireland
over the past 20 years. In this framework, the proposal from Kenya would
significantly restrict the rights of PWD. It unintentionally elaborates
a separate right to freedom of religion in relation to PWD, which undermines
the general right which they already possess under international law.
It would not oppose an appropriate reference in this Convention, but
expressed grave reservations as to the formulation of Kenya’s proposal.
Uganda support Kenya’s proposal, as many places of
worship are not accessible to PWD, and some organizers of these institutions
may not be aware of the needs of PWD. Some of the practices of these
institutions are onerous to PWD and if PWD are going to enjoy the right
to worship at a religious institution of their choice then this Convention
should include a provision to ensure that those involved in these institutions
take into account the needs of PWD. In 24.1(d), the word “exhibits”
should be inserted between “two” and “monuments." In 24.3, “and
the deafblind” should be inserted after “deaf.” In 24.4(b), “necessary”
should replace “same,” as it might not be possible for persons with
certain disabilities to receive the same instruction, so “necessary”
is a more appropriate word. Uganda supported Kenya’s amendment for 24.4(d).
It introduced a new paragraph 24.5: “States Parties shall take all appropriate
steps to remove all discriminatory societal barriers to the enjoyment
of all the rights in this Article.”
Thailand expressed concern that some delegates misunderstand
the impact of intellectual property protection laws. There is evidence
that existing laws protecting intellectual property rights and copyrights
do constitute and/or lead to discriminatory barriers to access to cultural
materials by PWD. The Convention should find a way to ensure that domestic
and international laws, intended to protect intellectual property rights
and copyrights, do not limit PWD access to materials.
Namibia supported Kenya's proposal to insert “religion”
in the title. In 24.4(a), “Ensure” should replace “Encourage”; "integrated"
should replace “mainstream”; and “all levels, including local,” should
be inserted before “regional.” In 24.4(b), “necessary” should replace
“same.” It proposed a new, 24.4(e), as follows: “Ensure that persons
with disabilities subject to multiple forms of discrimination, such
as women and refugees have access to sports, recreation and leisure
activities.”
Philippines supported the suggestion, advanced by
Kenya, Uganda, the Holy See and Namibia, to incorporate religion as
one of the issues that States Parties should recognize and support.
The Chair opened the floor for comments from interested
NGOs.
Inclusion International stated that like music, sports
offer the opportunity for persons with intellectual disabilities, and
all persons, to self-expression. Music and sport bring people together
and provide shared understanding and appreciation regardless of disability.
It is necessary to support everyone, to build confidence and self-esteem
and to make everyone feel as though they are part of the team. Sport
should be integrated. II stressed the importance of moving beyond the
Special Olympics to true inclusion in sport.
Landmine Survivors Network fully supported the inclusion
in this Convention of the rights to participate in cultural life as
well as recreation, sport, and leisure. The participation of PWD in
sport and recreation activities contributes to physical fitness, mental
well-being and social integration, but too often PWD are excluded from
participation in sports and recreation activities. A strong provision
for the right to sport, recreation, and leisure would serve to raise
awareness of the importance of such participation, both for individuals
and for society. LSN strongly supported Yemen's proposal to address
sport, recreation and leisure in a separate article. In the UN Standard
Rules on the Equalization of Opportunities for People with Disabilities
(UN SR) there are separate rules, one dealing with culture, and one
dealing with sport and recreation. Separating the articles would allow
for full elaboration of the issues related to each right and would assist
States with implementation and monitoring. LSN supported Kenya's proposal
to add religion. Also, it expressed concern that the current text does
not reference the right of children with disabilities to play, which
represents a departure from existing law, such as the CRC. It proposed
adding a new subparagraph specifically addressing the right of children
with disabilities to have access to age-appropriate play, leisure, and
recreational sport activities.
People with Disability Australia Incorporated, along
with (Australian) National Association of Community Legal Centres and
the Australian Federation of Disability Organizations applauded the
terms of this Article. It stated that the removal of barriers constituted
by intellectual property law (including copyrights) applies to all information,
not just cultural information, and suggested that this provision could
be dealt with more comprehensively in 19.2 (Accessibility). “Exhibits”
should be inserted before “monuments” and “throughout” should be inserted
after “to” in 24.1(d), to clarify that all aspects of sites of cultural
significance are made accessible. As suggested by LSN and other delegations,
“necessary” should replace “same” in 24.4(b), since PWD may need additional
support to participate in sport. The ideas contained in 24.4(c) should
be separated into two articles to avoid confusion. The words “services
and facilities” should follow “venues” in this subparagraph. Religious
participation and the accessibility of religious sites should also be
addressed in this article.
Save the Children asserted the importance of the right
to play for the development of personality, potential, and expression
on an equal basis with others and without discrimination. In recognizing
the importance of play and sports for the socialization of children,
young people, and adults with disabilities, SCF recommended the insertion
of a new paragraph:
“States Parties recognize the right of all children and adults with
disabilities to play and shall take all appropriate measures to ensure
that PWD:
"(a) have the opportunity to develop their personality potential
and expression on an equal basis with others;
"(b) have the opportunity to socialize, make friends, and participate
in society;
"(c) have access to playgrounds, events, and activities on an equal
basis with others;
"(d) have the necessary support to initiate and take part in play
like others.”
24.1(b) should be appended with “and that such access also extends to
literature and cultural materials appropriate for children with disabilities.”
World Federation of the Deafblind expressed concern
that sport and culture appear in the same article, and recommended their
separation. People who are deafblind live in a different world, a tactile
one. The qualities they develop as a result of living in a tactile world
– patience, caution, concentration – are those qualities required by
artists, and thus, culture is not only something to consume, but is
also a right to perform. WFDB supported the proposal of Thailand, because
it is increasingly difficult for people who are deafblind to access
literature and other materials due to the strengthening of copyright
laws.
Northeastern University Center for the Study of Sport in Society
supported Yemen, South Africa, and Namibia on their proposals for 24.4
and New Zealand’s efforts to include local levels of participation in
24.4(a). This article should be revised by replacing “regional, national
and international levels” with “all levels of participation”. It also
supported Korea’s inclusion of “disability specific” in 24.4(b), as
this provision reflects the intention of developing sport programs where
athletes with disabilities participate with other athletes with similar
disabilities. The Convention has been forthright in qualifying “mainstream”
sports but it is necessary that 24.4(b) refer to disability specific
sport in order to avoid redundancy with the provisions in 24.4(a). It
supported Uganda’s proposal to replace “same” with “necessary” in 24.4(b).
World Federation of the Deaf noted the importance
of this Article to the development of one’s full potential and personality,
and for Deaf people in particular, for whom language is a basic to identity
development. Culture for the Deaf community is based in vision. The
right of language, identity, and culture does not mean segregation from
society because sign language spans other cultures. If these cultural
and linguistic rights of the Deaf community are not recognized, it will
be unable to develop to its full creative, artistic, and intellectual
potential.
World Blind Union strongly supported Thailand’s proposal
for 24.2, as even schoolbooks are covered by copyright and are sometimes
not able to be made accessible to persons with visual impairments. Regarding
24.1(c), WBU proposed adding text that refers to audio description as
a means to access to cultural material.
National Human Rights Institutions recognized the
merit in splitting this article into two separate articles, one dealing
with cultural life, and one dealing with recreation, leisure, and sport.
It recommended retaining 24.3.
Arab Organization of Disabled People recommended separating
cultural life from recreation, leisure and sport, because for PWD, sport
is not only recreation, but also deals with rehabilitation from a physical
and social perspective. It supported the proposals of Yemen.
World Union for Progressive Judaism supported the
inclusion of Article 24 and fully supported proposals adding the right
to have access to religious activities and services. It proposed a new
paragraph recommended that all cultural and religious materials be accessible.
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