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Contribution by Governments
European Union Proposal for
Article 15
1. States Parties to this Convention shall take effective and appropriate measures
to enable persons with disabilities to live independently and be fully included
in the community, including by ensuring that:
EU Proposal: Para 1 in Chapeau to read “States Parties shall
take effective and appropriate measures to facilitate the enjoyment by persons
with disabilities of independent living [or living independently] and full inclusion
as members of the community including measures aimed at ensuring that:”
(a) persons with disabilities have the equal opportunity to choose their place
of residence and living arrangements;
(b) persons with disabilities are not obliged to live in an institution or in
a particular living arrangement;
EU Proposal: Move (b) to article 10
(c) that persons with disabilities have access to 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;
EU Proposal: Delete (c)
(d) community services for the general population are available on an equal
basis to persons with disabilities and are responsive to their needs;
EU Proposal: Replace “on an equal basis” with “without discrimination”.
(e) persons with disabilities have access to information about available support
services.
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EU Proposal to replace
Article 15 bis (Women with Disabilities)
Preamble
Recognising that women and girls with disabilities are often
subject to multiple discrimination and therefore face particular disadvantages,
and bearing in mind the obligations of States Parties to ensure the full enjoyment
of all human rights and fundamental freedoms by women and girls with disabilities
on an equal basis with others,
Recognising that persons with disabilities, in particular women and
girls, are often at greater risk, both within and outside the home, of violence,
injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including their gender based manifestations;
Article 4
1. States Parties undertake to ensure the full realisation of all rights and
fundamental freedoms for all individuals within their jurisdiction without discrimination
of any kind on the basis of disability. To this end, States Parties undertake:
(e) bis to take all necessary measures to ensure the full and
equal enjoyment of all human rights by women with disabilities on an equal basis
with others, bearing in mind the general obligation to ensure equality between
women and men;”
(e) ter: “to take all necessary measures to ensure the full enjoyment
by children with disabilities of all human rights without discrimination of
any kind based on disability;”
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EU Proposal to replace
Article 16 (Children with Disabilities)
Preamble
Recognising that children with disabilities should have full enjoyment of all
human rights on an equal basis with others, without discrimination on the basis
of disability, and recalling obligations to that end undertaken by States Parties
to the Convention on the Rights of the Child,
Article 4
1. States Parties undertake to ensure the full realisation of all rights and
fundamental freedoms for all individuals within their jurisdiction without discrimination
of any kind on the basis of disability. To this end, States Parties undertake:
(e) ter: “to take all necessary measures to ensure the full enjoyment by children
with disabilities of all human rights without discrimination of any kind based
on disability;”
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European Union Proposal for
Article 17
1. States Parties recognise the right of all persons with disabilities to education
and shall ensure the enjoyment of that right without discrimination. States
Parties commit themselves to the goal of inclusiveness of their general education
systems. Where exceptionally the general education system does not adequately
meet the needs of persons with disabilities, States Parties shall take appropriate
measures to ensure effective alternative forms of education, bearing in mind
the goal of full inclusion.
2. The education of persons with disabilities shall be directed to:
a. the full development of the human personality and sense of dignity and self
worth and the strengthening of respect for human rights, fundamental freedoms
and human diversity;
b. enabling effective participation in a free society;
c. the development of the person to their full potential.
3. In the education of children with disabilities, States Parties shall ensure
that:
a. no child with disabilities is excluded from free and compulsory primary education
on account of their disability;
b. the best interests of the child shall be a primary consideration, in particular
by individualising education plans.
4. States Parties shall ensure:
a. that no person with disabilities shall be denied access to education on account
of their disability;
b. that all persons with disabilities can avail themselves of accessible, effective
and appropriate education and training throughout their lives, to the extent
possible in the communities in which they live, without discrimination. To this
end State Parties shall ensure that reasonable accommodation is provided where
appropriate.
5. States Parties shall promote the development of initial and continuing training,
which incorporates disability awareness and the use of appropriate communication
means and modes and educational techniques and materials to support persons
with disabilities, for all professionals and staff who work at all levels of
education.
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European Union Proposal
for Draft Article 18 – 6th Ad Hoc Committee
The text is based on the New Zealand proposal from the 3rd Ad Hoc Committee
1. States Parties shall guarantee to persons with disabilities the right
and the opportunity to take part, on the basis of equality, in the conduct of
public affairs, including the right and opportunity to vote 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 persons with disabilities to vote by secret
ballot; and
(c) allow, where necessary, the provision of assistance in voting to
persons with disabilities.
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 and to hold public office and perform all public functions at all levels
of government;
(b) to participate in 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 national, regional and local levels.
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European Union Proposal for
Draft Article 19
Amendments to the Working Group Text
EU Proposal: Move this Article higher up the Convention but not
before the current Article 8, Right to Life.
1. States Parties to this Convention shall take appropriate1
measures to identify and eliminate obstacles, and to ensure accessibility for
persons with disabilities to the built2
environment, to transportation, to information and communications, including
information and communications technologies, and to other services,3
in order to ensure the capacity of persons with disabilities to live independently
and to participate fully in all aspects of life. The focus of these measures
shall include, inter alia:
EU Proposal para (1): Reword as follows:
“States Parties to this Convention shall take appropriate measures to ensure
accessibility, including by identifying and eliminating obstacles (inter alia
architectural, sensorial and cultural) and shall promote equal access to information
and means and modes of communication, to enable persons with disabilities to
live independently and to participate fully in all aspects of life.”
(a) the construction and renovation of public4
buildings, roads and other facilities for public use, including schools, housing,
medical facilities, in door and out-door facilities to which the public generally
have access, and publicly owned workplaces,
(b) the development and remodelling of public transportation facilities, communications
and other services, including electronic services,
EU Proposal (1)(a) and (b): Delete
2. States Parties shall also take appropriate measures to:
EU Proposal paragraph (2): Reword as follows: “These measures shall include:”
(a) provide in public buildings and facilities signage in Braille and easy to
read and understand forms;
EU Proposal (2)(a): Delete
(b) provide other forms of live assistance5
and intermediaries,6 including guides, readers
and sign language interpreters, to facilitate accessibility to public buildings
and facilities;
EU Proposal (2)(b): replace with:
“ensuring access by persons with disabilities to services and facilities provided
to the public on an equal basis with others, including through the provision
of reasonable accommodation;” [renumber as (2)(a)]
EU Proposal (2)(b)bis:
Insert a new paragraph on mobility:
“promoting mobility for persons with disabilities by facilitating their access
to suitable and appropriate mobility aids, devices and assistive technologies;”
[renumber as (2)(b)]
(c) develop, promulgate and monitor implementation of minimum national standards
and guidelines for the accessibility of public facilities and services;
EU Proposal (2)(c): Reword as follows:
“developing, promulgating and monitoring implementation of minimum national
standards and guidelines for the accessibility of facilities and services to
which members of the public have access;”
(d) encourage private entities that provide public facilities and services to
take into account all aspects of accessibility for persons with disabilities;
EU Proposal (2)(d): Replace “encourage” with “encouraging”.
(e) undertake and promote research, development and production of new assistive
technologies, giving priority to affordably priced technologies;
EU Proposal (2)(e): Delete
EU Proposal: Insert new paragraph (2)(e)bis.:
“promoting the development, availability and use of universally designed goods,
services, equipment and facilities to meet the specific needs of persons with
disabilities and promoting universal design in the development of standards
and guidelines.” [renumber as (2)(e)]
(f) promote universal design and international cooperation in the development
of standards, guidelines and assistive technologies;
EU Proposal (2)(f): Delete (Subsumed in new e bis.)
(g) ensure that organisations of persons with disabilities are consulted when
standards and guidelines for accessibility are being developed;
EU Proposal (2)(g): Delete
(h) provide training for all stakeholders on accessibility issues facing persons
with disabilities.
EU Proposal (2)(h): Delete
Complete proposed text for Article 19
1. States Parties to this Convention shall take appropriate measures to ensure
accessibility, including by identifying and eliminating obstacles (inter alia
architectural, sensorial and cultural) and shall promote equal access to information
and means and modes of communication, to enable persons with disabilities to
live independently and to participate fully in all aspects of life
2. These measures shall include:
(a) ensuring access by persons with disabilities to services and facilities
provided to the public on an equal basis with others, including the provision
of reasonable accommodation;
(b) promoting mobility for persons with disabilities by facilitating their access
to suitable and appropriate mobility aids, devices and assistive technologies;
(c) developing, promulgating and monitoring implementation of minimum national
standards and guidelines for the accessibility of facilities and services to
which members of the public have access;
(d) encouraging private entities that provide public facilities and services
to take into account all aspects of accessibility for persons with disabilities;
(e) promoting the development, availability and use of universally designed
goods, services, equipment and facilities to meet the specific needs of persons
with disabilities and promoting universal design in the development of standards
and guidelines.
Footnotes:
1. Some
members of the Working Group preferred the word “progressive” in this paragraph
and in the chapeau of paragraph 2. Other members were concerned with consistency
with other articles of the Convention. The Ad Hoc Committee may wish to consider
alternative formulations.
2. The Ad Hoc Committee may wish to consider
whether the term “physical” should be used instead of “built”, which is its
near synonym in this context.
3. The Ad Hoc Committee may wish to consider
further the issue of attempting to list comprehensively the facilities and services
covered in the chapeau to this paragraph, including whether a reference to the
“communications environment” is desirable.
4. The Ad Hoc Committee may wish to consider
the scope of the provisions in this draft article, in particular paragraphs
1(a) and (b), and 2(a), (b), (c) and (d). The Working Group questioned whether
the concept of public buildings, facilities and services should also extend
to privately owned or developed buildings, facilities and services intended
for public use, and what level of obligation States Parties should place on
private owners or developers to ensure access to persons with disabilities.
Some members of the Working Group were of the view that privately owned or developed
buildings, facilities and services should be covered by the obligations in this
draft Article, but other members wished to consider the implications of this
further.
5. ‘Live assistance’ includes human assistance,
such as guides and readers, and animal assistance, such as guide dogs. The Ad
Hoc Committee may wish to consider whether there is a more self explanatory
term. The term is also used in draft Article 20(a).
6. ‘Intermediaries’ means people who do not
assist but who rather act as a conduit for the transmission of information to
certain groups of persons with disabilities, for example, sign language interpreters
for the hearing impaired. The term is also used in draft Article 20(a).
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Eurpean Union Proposal Draft Article 21
Amendments to Working
Group Text:
EU Proposal: Reword the title of this Article to read “Access
to Healthcare”. Add new draft Article 21 bis on Rehabilitation and Habilitation.
Delete all references to “rehabilitation” from this Article.
States Parties recognise that all persons with disabilities have the right
to the enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall strive to ensure no person
with a disability is deprived of that right, and shall take all appropriate
measures to ensure access for persons with disabilities to health and rehabilitation
services. In particular, States Parties shall:
EU Proposal chapeau: Delete “strive to” before “ensure” and
insert “that” after “ensure” in line 3. Delete “and rehabilitation” in line
5.
(a) provide persons with disabilities with the same range and standard of
health and rehabilitation services as provided other citizens, including sexual
and reproductive health services;
EU Proposal (a): Delete “and rehabilitation” After “provided” insert
“to” Delete “citizens” and amend “other” to “others”
(b) strive to provide those health and rehabilitation services needed by persons
with disabilities specifically because of their disabilities;
EU Proposal (b): Replace “strive to” with “endeavour to”. Delete
“and rehabilitation” in line 1. Add “including those designed to prevent and
protect against secondary disabilities;” at the end.
(c) endeavour to provide these health and rehabilitation services as close
as possible to people’s own communities;
EU Proposal (c): Delete “and rehabilitation”.
(d) ensure that health and rehabilitation services include the provision of
safe respite places, to use on a voluntary basis, and counselling and support
groups, including those provided by persons with disabilities;
EU Proposal (d): Delete
(e) provide programs and services to prevent and protect against secondary
disabilities, including among children and the elderly;
EU Proposal (e): Delete as the issue is dealt with in (b)
(f) encourage research and the development, dissemination and application
of new knowledge and technologies that benefit persons with disabilities;
EU Proposal (f): Delete
(g) encourage the development of sufficient numbers of health and rehabilitation
professionals, including persons who have disabilities, covering all disciplines
needed to meet the health and rehabilitation needs of persons with disabilities,
and ensure that they have adequate specialised training;
EU Proposal (g): Delete
(h) provide to all health and rehabilitation professionals an appropriate
education and training to increase their disability-sensitive awareness and
respect for the rights, dignity and needs of persons with disabilities, in
line with the principles of this Convention;
(i) ensure that a code of ethics for public and private healthcare, that promotes
quality care, openness and respect for the human rights, dignity and autonomy
of persons with disabilities, is put in place nationally, and ensure that
the services and conditions of public and private health care and rehabilitation
facilities and institutions are well monitored;
(j) ensure that health and rehabilitation services provided to persons with
disabilities, and the sharing of their personal health or rehabilitation information,
occur only after the person concerned has given their free and informed consent,
and that health and rehabilitation professionals inform persons with disabilities
of their relevant rights;
EU Proposal (h)(i)(j): Delete and replace with a new paragraph:
“endeavour to require health professionals to provide care of the same quality
to persons with disabilities as to others by, where necessary, raising awareness
of the human rights, dignity, autonomy and needs of persons with disabilities
through training and the promulgation, in consultation with other concerned
parties, of ethical standards for public and private healthcare.”
(k) prevent unwanted medical and related interventions and corrective surgeries
from being imposed on persons with disabilities;
EU Proposal (k): Move to Article 12 and reword
(l) protect the privacy of health and rehabilitation information of persons
with disabilities on an equal basis;
(m) promote the involvement of persons with disabilities and their organizations
in the formulation of health and rehabilitation legislation and policy as
well as in the planning, delivery and evaluation of health and rehabilitation
services.
EU Proposal (l) and (m): Delete
The complete EU Proposal for Article 21, Access to Healthcare
States Parties recognise that all persons with disabilities have the right
to the enjoyment of the highest attainable standard of health without discrimination
on the basis of disability. States Parties shall ensure that no person with
disabilities is deprived of that right, and shall take all appropriate measures
to ensure access for persons with disabilities to health services. In particular,
States Parties shall:
(a) provide persons with disabilities with the same range and standard
of health services as provided others, including sexual and reproductive health
services;
(b) endeavour to provide those health services needed by persons
with disabilities specifically because of their disabilities, including those
designed to prevent and protect against secondary disabilities;
(c) endeavour to provide these health services as close as possible to
people’s own communities;
(d) endeavour to require health professionals to provide care of
the same quality to persons with disabilities as to others by, where necessary,
raising awareness of the human rights, dignity, autonomy and needs of persons
with disabilities through training and the promulgation, in consultation with
other concerned parties, of ethical standards for public and private healthcare.
----------------------------------------------------------------------------------
European Union Proposal
- Draft Article 21 bis
HABILITATION AND REHABILITATION
1. States Parties shall take effective and appropriate measures to enable
persons with disabilities to attain their maximum independence and realise
their full physical, mental, social and vocational potential. To that end
States Parties shall organise, strengthen and extend comprehensive habilitation
and rehabilitation services, including in the areas of health, employment,
education and social services, in such a way that:
(a) habilitation and rehabilitation services and programmes begin at the earliest
possible stage, and are based on the multidisciplinary assessment of personal
needs; and
(b) habilitation and rehabilitation services and programmes support participation
and inclusion in the community and all aspects of society.
2. States Parties shall promote the development of initial and continuing
training for all professionals and staff working in habilitation and rehabilitation
services.
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European Union Proposal
Draft Article 22
Amendments to the Working Group Text:
States Parties recognize the right of persons with disabilities to work, which
includes the opportunity to gain a living by work that they freely choose
or accept, with a view to promoting equal opportunity and equal treatment
of persons with disabilities, and protecting them from poverty. States Parties
shall take appropriate steps to safeguard and promote the realization of this
right, including measures to:
EU Proposal chapeau:
“States Parties recognize the right of persons with disabilities to work on
an equal basis with others; this includes the right to the opportunity to
gain a living by work freely chosen or accepted in a labour market and work
environment that is open, inclusive and accessible to persons with disabilities.
States Parties shall take appropriate steps to safeguard and promote the realization
of this right, including measures to:”
(a) Promote a labour market and work environment that are open, inclusive,
and accessible to all persons with disabilities;
EU Proposal (a): Delete – covered in chapeau
(b) Enable persons with disabilities to have effective access to general technical
and vocational guidance programs, placement services, assistive devices and
vocational and continuing training;
EU Proposal (b): Insert “and” between “programs” and “placement”. Delete
“assistive devices and vocational and continuing training”. Renumber as (d)
(c) Promote employment opportunities and career advancement for persons with
disabilities in the open labour market, including opportunities for self employment
and starting one’s own business, as well as assistance in finding, obtaining
and maintaining employment;
EU Proposal (c): Delete “in the open labour market, including opportunities
for self employment and starting one’s own business, as well as…” Insert after
“disabilities” “which include assistance in finding, obtaining and maintaining
employment and opportunities for self employment”. Renumber as (b)
(d) Encourage employers to hire persons with disabilities, such as through
affirmative action programs, incentives and quotas;
EU Proposal (d): Replace “such as through affirmative action
programs, incentives and quotas” with “through appropriate policies and measures”.
Renumber as (c)
(e) Ensure the reasonable accommodation of persons with disabilities in the
workplace and work environment;
EU Proposal (e): delete and reword as follows: “Ensure that
reasonable accommodation is provided to persons with disabilities in the workplace”
(f) Promote the acquisition by persons with disabilities of work experience
in the open labour market;
(g) Promote vocational and professional rehabilitation, job retention and
return to work programs;
EU Proposal (g): Insert “for persons with disabilities” at the end
of the paragraph.
(h) Protect through legislation persons with disabilities with regard to employment,
continuance of employment, career advancement, working conditions, including
equal remuneration for work of equal value and equal opportunities, and the
redressing of grievances, and to ensure persons with disabilities are able
to exercise their labour and trade union rights;
EU Proposal (h): Insert “conditions of recruitment” after “regard
to”. Insert “that” after “ensure”. Renumber as (a)
(i) Ensure that persons with disabilities have equal opportunity to employment
in the public sector;
EU Proposal (i): Delete
(j) Promote recognition of the skills, merits, abilities and contributions
of persons with disabilities to the workplace and the labour market, and to
combat stereotypes and prejudices about persons with disabilities in the workplace
and the labour market.
EU Proposal (j): Delete
The complete EU proposal for Article 22 Right to Work
States Parties recognize the right of persons with disabilities to work on
an equal basis with others; this includes the right to the opportunity to
gain a living by work freely chosen or accepted in a labour market and work
environment that is open, inclusive and accessible to persons with disabilities.
States Parties shall take appropriate steps to safeguard and promote the realization
of this right, including measures to:
a) Protect through legislation persons with disabilities with regard to conditions
of recruitment, employment, continuance of employment, career advancement,
working conditions, including equal remuneration for work of equal value and
equal opportunities, and the redressing of grievances, and to ensure that
persons with disabilities are able to exercise their labour and trade union
rights;
b) Promote employment opportunities and career advancement for persons with
disabilities which include assistance in finding, obtaining and maintaining
employment and opportunities for self employment;
c) Encourage employers to hire persons with disabilities through appropriate
policies and measures;
d) Enable persons with disabilities to have effective access to general technical
and vocational guidance programs and placement services;
e) Ensure that reasonable accommodation is provided to persons with disabilities
in the workplace;
f) Promote the acquisition by persons with disabilities of work experience
in the open labour market;
g) Promote vocational and professional rehabilitation, job retention and return-to-work
programs for persons with disabilities.
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European Union Proposal
for Draft Article 23
SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING
Amendments to the Working Group Text
1. States Parties recognise the right of all persons with disabilities to
social security, including social insurance, and to the enjoyment of that
right without discrimination on the basis of disability, and shall take appropriate
steps to safeguard and promote the realisation of this right, including measures
to:
(a) ensure access by persons with disabilities to necessary services, devices
and other assistance for disability related needs;
EU Proposal: Replace “necessary” with “appropriate”.
(b) ensure access by persons with disabilities. particularly women and girls
with disabilities and the aged with disabilities, to social security programmes
and poverty reduction strategies, and to take into account the needs and perspectives
of persons with disabilities in all such programmes and strategies;
EU Proposal: Delete “particularly women and girls with disabilities
and the aged with disabilities”.
(c) ensure access by persons with severe and multiple disabilities, and their
families, living in situations of poverty to assistance from the State to
cover disability related expenses, (including adequate training, counseling,
financial assistance and respite care), which should not become a disincentive
to develop themselves;
EU Proposal: Replace “to cover” with “with”. Delete “…(including
adequate training, counseling, financial assistance and respite care), which
should not become a disincentive to develop themselves;”
(d) ensure access by persons with disabilities to governmental housing programs,
including through earmarking percentages of governmental housing for persons
with disabilities;
EU Proposal: Delete “governmental” and insert “public” Delete
“including through earmarking percentages of governmental housing for persons
with disabilities”.
(e) ensure access by persons with disabilities to tax exemptions and tax benefits
in respect of their income;
EU Proposal: Delete
(f) ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.
EU Proposal: Reword “enable persons with disabilities to have
access to life and health insurance-based services based on objective criteria”
Renumber as (e).
2. States Parties recognise the right of all persons with disabilities to
an adequate standard of living for themselves and their families, including
adequate food, clothing, housing and access to clean water, and to the continuous
improvement of living conditions, and will undertake appropriate steps to
safeguard and promote the realisation of this right.
EU Proposal: Insert “and” between “clothing” and “housing”
and delete “and access to clean water.” Replace “will” with “shall” and delete
“safeguard and promote” after “steps to” and insert “ensure”. Include “without
discrimination on the basis of disability.” at the end of the sentence.
Add new sentence as follows: “States Parties shall ensure that persons with
disabilities have equal access to clean water as others.”.
Now Reads:
States Parties recognise the right of all persons with disabilities to an
adequate standard of living for themselves and their families, including adequate
food, clothing and housing, and to the continuous improvement of living conditions,
and shall take appropriate steps to ensure the realisation of this right without
discrimination on the basis of disability. States Parties shall ensure that
persons with disabilities have equal access to clean water as others.
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European Union Proposal Draft Article 24
Amendments to the Working Group Text:
1. States Parties recognise the right of all persons with disabilities to take part in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:
EU Proposal chapeau: replace “and shall take all appropriate measures to ensure that persons with disabilities:” with “and shall promote appropriate measures for persons with disabilities to:”
(a) have the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community;
EU Proposal (1)(a): Replace with para 1bis:
“States Parties shall also take appropriate measures to enable persons
with disabilities to have the opportunity to develop and utilise their creative,
artistic and intellectual potential, not only for their own benefit, but also
for the enrichment of society.”
(b) enjoy access to literature and other cultural materials in all accessible formats, including in electronic text, sign language and Braille, and in audio and multi media formats;
EU Proposal (1)(b): delete “all” before “accessible” and finish sub-paragraph after “accessible formats”; renumber (b) as (a)
(c) enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats, including captioning and sign language;
EU Proposal (1)(c): delete “all” before “accessible” and finish sub-paragraph after “formats”; renumber (c) as (b)
(d) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and the hospitality industry, and, as far as possible, enjoy access to monuments and sites of national cultural importance;
EU Proposal (1)(d): replace with: “enjoy physical access to cultural venues and sites” and renumber as (c)
2. States Parties shall take all appropriate steps to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials, while respecting the provisions of international law.
EU Proposal (2): replace “intellectual property rights” with “copyright”, delete “access by” and “to cultural materials”.
3. Persons who are deaf shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity.
EU Proposal (3): delete
4. States Parties recognise the right of persons with disabilities, on an equal basis with others, to participate in recreational, leisure and sporting activities and shall take appropriate measures to:
EU Proposal: Replace with
“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:”
(a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at regional, national and international levels;
(b) ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and to receive the same instruction, training and resources in support that is available to other participants;
EU Proposal (4)(b): replace “and to receive the same instruction, training and resources in support that is available to other participants” with “and encourage the provision of appropriate instruction, training and support;”
(c) ensure that persons with disabilities have access to sporting and recreational venues, and that children with disabilities have equal access to participation in sporting activities within the education system;
EU Proposal (4)(c): Delete
(d) ensure that persons with disabilities have access to services from those involved in the organisation of recreational, leisure and sporting activities.
EU Proposal (4)(d): Delete
Complete EU Proposal for Article 24 Participation in Cultural Life, Recreation,
Leisure and Sport
1. States Parties recognise the right of all persons with disabilities to take part in cultural life, and shall promote appropriate measures for persons with disabilities to:
(a) enjoy access to literature and other cultural materials in accessible formats;
(b) enjoy access to television programmes, films, theatre, and other cultural activities, in accessible formats;
(c) enjoy physical access to cultural venues and sites .
1bis. States Parties shall also take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society.
2. States Parties shall take all appropriate steps to ensure that laws protecting copyright do not constitute an unreasonable or discriminatory barrier to persons with disabilities, while respecting the provisions of international law.
3. 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:
(a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at regional, national and international levels;
(b) ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and encourage the provision of appropriate instruction, training and support.