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Proposals to the draft text - Japan
"to respect and ensure the rights set forth in the present Convention, and to adopt appropriate legislative and other measures to amend..."
(rationale) The wording of the original text is different from that of existin g human rights instruments which could be interpreted as generating different legal effects, as this article 4 is dealing with State Parties' general obliga tions. To avoid such misunderstanding, it should be tailored by using the wor ding of principal human rights conventions. The proposed text is based on CRC Art.2-1, and CEDAW Art.2(b).
(rationale) We are of the opinion that there should exist some positive action s, even with reasonable accommodations, to accommodate persons with severe dis abilities. These measures should not be necessarily temporary, as in the case of the protection of maternity stipulated in article 4-2 of the CEDAW.
For this reason, it is acceptable for us to formulate as follows, instead of deleting all as proposed above:
"those measures should be discontinued when they are no longer justified in li ght of the objectives of equal opportunity and treatment."
"Take appropriate and effective measures to eliminate physical and communication barriers and to reduce understanding difficulty of persons with disabilities in order to exercise the rights provided in Article 14 of the International Covenant on Civil and Political Rights." (Modification made in the part "in order to exercise... Political Rights.")
Art 14 para.2(a)
(rationale) To avoid over-prescriptive, controversial language to many countries, while recognizing the core substance of this paragraph should be retained to tackle with the realities that persons with disabilities are still actually facing.