Promotion of positive attitude to persons with disabilities
(Revised draft prepared by the Facilitator)
8 August 2005
1. States Parties undertake to adopt immediate and effective measures to:
a) Raise awareness throughout society regarding disability and persons with disabilities and to foster respect for their rights;
b) Combat stereotypes and prejudices in all areas of life;
c) Promote awareness of the capabilities and contributions of all persons with disabilities, emphasizing that as members of society they share the same rights and freedoms as all others and in a manner consistent with the overall purpose of this Convention;
2. These measures shall include, inter alia:
a) Initiating and maintaining public awareness campaigns designed to nurture an effective receptiveness to the rights of persons with disabilities;
b) Inculcating at all levels of the education system, including at the
early childhood stage, an attitude of respect for the rights of persons with disabilities;
c) Encouraging all organs of the media to portray persons with disabilities in a manner consistent with this Convention;
d) Encouraging all sections of society to develop and maintain as appropriate, disability-sensitive awareness training programmes.
Article 12 -
Freedom from violence and abuse
FACILITATOR´s PROPOSAL as of 3 February – to be negotiated later in the process when the article 12 will again appear on the agenda
(To be seen in conjunction with the report of the Co-ordinator from the 5th session)
1. States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities both within and outside the home, from all forms of exploitation, violence and abuse.
Comment by the facilitator: Reiteration of special vulnerability of women and children to the violence and abuse to be further discussed in connection with the question of the general methodological approach to gender aspects of disability in this convention.
Comment by the facilitator: 1.bis (new) – “States Parties shall take all appropriate measures to protect the integrity of persons with disabilities on a basis of equality with others” as well as the whole concept of informed consent from the original paragraphs 1.bis – 1.ter to be further discussed under the Article 12 bis.
2. States Parties shall also take all appropriate measures to prevent violence and abuse by ensuring, inter alia, appropriate forms of assistance and support for persons with disabilities, including through the provision of information and education on how to avoid, recognize and report instances of violence and abuse.
3. Comment by the facilitator: Concept of situations of emergency has been moved to the Art. 8 bis.
4. States Parties shall, in order to prevent the occurrence of violence or abuse, ensure that all (care) facilities and programs designed to serve persons with disabilities are (regularly and) effectively monitored by independent authorities.
5. States Parties shall take all appropriate measures39 to promote physical, cognitive and psychological recovery, rehabilitation and social reintegration to the persons with disabilities who became victims of any form of violence or abuse, including through the provision of protection services. Such recovery and reintegration shall take place in environment that fosters the health, welfare, self-respect, dignity and autonomy of the person.
6. States parties shall put in place effective policies and legislation to ensure that instances of violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted and that protection services are available in such cases.
Children with disabilities (12th August 2005)
Report to the Chairman and to the Ad Hoccommittee
The discussion of Article 16 on the children with disabilities in plenary on 2nd August 2005 generated debate that identified 5 approaches to ensuring that concerns on the rights of children with disabilities are adequately addressed. These were as follows:
(1.) That it is enough to refer to the rights of children with disabilities in general clauses of the draft convention i.e the preamble and Articles 2 and 4.
(2.) That it will be good to mainstream issues relating to children with disabilities in all the articles addressing issues that also affect children in the draft convention.
(3.) That there is need to have a stand alone article on children with disabilities to recognise their special vulnerabilities to also cover all the issues that affect children with disabilities.
(4.) That we should have a combination of mainstreaming of children’s issues in all relevant articles and also have an article on children to cover the issues that are unique to children and cannot be included in any other articles in the draft convention.
(5.) That It will be enough to refer to children in the general articles as in (1) above and then specifically require, in the monitoring article, that State Parties show how they have implemented all the provisions of the this convention with respect to children with disabilities; the article monitoring should also include an expert on the treaty body on matters relating children with disability.
Two informal meetings were organised by the facilitator from Kenya on 4th and 11th August 2005 to discuss the different view points. There was continuous communication and Informal discussions between the facilitator and individual delegations on the different view points during this session. As a result we had a lot of revision of positions and made tremendous progress in gaining common ground on many of the issues.
Some of the key issues that have emerged on children with disabilities are listed below, however there is no agreement as yet on the need to include all of them in this convention:
1.) Because of the vulnerability of children due to their age, lack of autonomy or legal capacity as adults, children are entitled to protection that will address their particular situations and ensure their right to development. It is important that this convention recognises this and makes provisions specifically address the rights in this convention as they apply to children.
2.)The need to include the principle of equality with other children in the application of all human rights and fundamental freedoms. This will complement and reinforce the application of the CRC with respect to children with disabilities.
3)The need to recognise the principle of participation with respect to children with disabilities, recognise their evolving capacities and respect their right to express themselves and give their views in matters affecting them.
4.)The need to include the principle of “the best interest of the child” in all actions concerning children with disabilities under this convention.
5.)The need to ensure access to justice by children with disabilities.
6.) The need to ensure access to protection services by children with disabilities.
7.) The need to protect the right of the child to registration of their birth.
8.)The need to protect the right to family life of children with disabilities through the provision of the necessary support through information and education of these children and their families in order to prevent the concealment, abandonment , neglect and inappropriate institutionalisation of children with disabilities.
9.) the need to provide special care to children with disabilities who are temporarily or permanently deprived of their family life.
10.) The need to ensure access to mainstream services by children with disabilities on an equal basis with the other children.
11.) The need to provide services to facilitate early detection, assessment and identification of disability and make the necessary interventions early.
12.) The need to protect children with disabilities from sterilisation.
13.) The need to provide for expertise on matters relating to children with disabilities in the implementation of this convention.
Many delegations support the need to have provisions at the preamble, the general clauses and other articles in the main text where applicable. There is no agreement yet on the need for a stand alone article and what should be in that article. The focus currently is on the substance rather than the specific language.
Draft Article 17
1. States Parties recognise the right of all persons with disabilities to education. With a view to achieving this right without discrimination and on the basis of equal opportunity, States Parties shall ensure an inclusive education [system, including pre-school, primary, secondary, tertiary, vocational training] [at all levels] and life-long learning, directed to:
(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;
(b) enabling all persons with disabilities to participate effectively in a free society; and
(c) the development of persons with disabilities’ personality, talents, creativity as well as mental and physical abilities to their fullest potential.
2. In realising this right, States Parties shall ensure:
(a) that all persons with disabilities can access inclusive, quality free primary and secondary education to the extent possible in the communities in which they live;
(b) reasonable accommodation of the person’s requirements;
(c) the development of initial and continuing training, which incorporates disability awareness, the use of appropriate communication means and modes, educational techniques and materials to support persons with disabilities, for all professionals and staff who work at all levels of education; and
(d) persons with disabilities receive the support required, within the general education system, to facilitate their effective education. In exceptional circumstances where the general education system can not adequately meet the support needs of persons with disabilities, States Parties shall ensure that effective alternative support measures are provided, consistent with the goal of full inclusion.
(e) that persons with disabilities are not excluded from the general education system on account of their disability, and that [children with disabilities are not excluded from free and compulsory primary and secondary education on account of their disability].
3. States Parties shall enable persons with disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community. To this end, States Parties shall:
(a) facilitate the learning of Braille, alternative script, orientation and mobility skills, peer support and mentoring;
(b) facilitate the learning of sign language and the promotion of the linguistic identity of the Deaf community; and
(c) ensure that the education of [children with disabilities] [children who are deaf, deaf/blind, and blind] is delivered in the most appropriate languages and modes of communication for the individual, and in environments which maximise academic and social development.
4. States Parties shall take appropriate measures to ensure quality education to students with sensory disabilities by ensuring the employment of teachers who are fluent in sign language or Braille.
5. States Parties shall ensure that persons with disabilities may access general tertiary education, vocational training, adult education and lifelong learning without discrimination and on the basis of equality of opportunity. To that end, States Parties shall render appropriate support to persons with disabilities.
Qualifying language that denotes progressive realisation has been avoided. It is intended that these obligations will be clearly defined within Article 4 (General Obligations), thus eliminating the requirement for qualifying language within substantive articles.
The equality provisions in the chapeau may need reworking in light of agreement of the overall approach to be taken throughout the convention.
The term ‘linguistic identity’ has been used to be consistent with other existing international law provisions.
Revisions were made to 1(d) based on feedback provided by governments and NGOs in the meeting held on August 11 regarding the need to tighten the exception in that provision.
August 12th 2005
Draft article 19- ACCESSIBILITY 1
1.States Parties to this Convention shall take appropriate and effective2 measures to ensure accessibility to the physical3 environment, housing, all forms of transportation, information and communications, including information and communications technologies, and to other services, to persons with disabilities on basis of equality with others, by identifying and eliminating [existing and preventing future] barriers4 , including inter alia architectural, sensorial and cultural barriers, in order to enhance the capacity of persons with disabilities to live independently and to participate fully in all aspects of life. [These measures shall include, inter alia:
(a) The construction and renovation of public buildings, roads and other facilities to which the members of the public have the access, including schools, housing, medical facilities, in door and out-door facilities, and workplaces;
(b) The development and remodelling of public transportation facilities, including vechicles, and of information and communications and other services, including electronic services.]5
2. States Parties shall take appropriate measures to, inter alia:
[(a) Provide in buildings and facilities to which the members of the public have the access the visual and tactile signaling, use of international accessibility symbols, signage in Braille and easy to read and understand forms to orient persons with disabilities;
(b) Provide qualified personnel to assist and guide persons with disabilities in buildings and facilities to which the members of the public have the access, including guides, readers and sign language interpreters, in order to facilitate accessibility to the above- mentioned buildings and facilities;]6
(c) Promote mobility for persons with disabilities by facilitating their access to suitable and appropriate accessibility assistive technologies;7
(d) Develop, promulgate and monitor implementation of minimum national standards and guidelines for the accessibility of buildings, facilities and services to which the members of the public have the access;8
(e) Promote 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;
(f)[Require] / [Encourage] private entities that provide facilities and services to which members of the public have the access, to [ensure full] / [take into account all aspects of] accessibility of the above- mentioned facilities and services for persons with disabilities;9
(h) Ensure that accessible information and communication technologies, including new information and communication technologies and systems, be designed, developed, produced and distributed at an early stage so that the information society becomes inclusive for persons with disabilities.
1. Majority of delegations were strongly in favor of moving article on accessibility closer to the article on non- discrimination and equality. Some favored inclusion of concepts of accessibility and barrier- free society in article 2 on general principles. The Ad Hoc Committee may wish to consider these issues further.
2. Some delegations were in favour of inserting reference to progressive realization in this paragraph and in the chapeau of paragraph 2. Other members were concerned with consistency with other articles of the Convention, opposed the insertion and favoured addressing the issue in a more general manner. The Ad Hoc Committee may wish to consider alternative formulations.
3. 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. The Ad Hoc Committee may wish to consider the issue further.
4. Some delegations found this wording too detailed, felt that the issue is adequately covered in the 19(2)(e) and thus should be deleted here, while other delegations welcomed such elaboration in 19(1). The Ad Hoc Committee may wish to consider the issue further.
5. Some delegations found the 2 sub- paragraphs too detailed and suggested their deletion, while the others were in favor of retaining them.
6. Some delegations found the 2 sub- paragraphs too detailed and suggested their deletion, while the others were in favor of retaining them.
7. One delegation expressed concern that there is no reference to technologies and devices that would facilitate and ensure access to information and communication. Another delegation felt this sub- paragraph would be more appropriately placed in article 20 on personal mobility.
8. The Ad Hoc Committee may wish to consider whether the issue of providing training on accessibility for all the stakeholders in cooperation with persons with disabilities and their representative organizations shall be better addressed here in a more specific way, or in a more general provision on training of relevant stakeholders in all disability- related matters in the article on general obligations.
9. Some delegations were strongly in favor of providing for more strict obligations on private entities while the other delegations cautioned against prescribing for something that would be impossible to implement in practice. It was impossible to reach an agreement in the informal meetings and the text in brackets depicts that fact. The Ad Hoc Committee should consider this issue further.
Draft Article 21
Right to Health1
States Parties recognise that all persons with disabilities have the right to the enjoyment of the highest attainable standard of physical and mental health without discrimination on the basis of disability. States Parties shall take all appropriate and effective measures to ensure access for persons with disabilities to health services, including health-related rehabilitation. In particular, States Parties shall:
a. provide persons with disabilities with the same range and standard of (health-care services as provided others, including in the field of sexual and reproductive health) ;2
b. provide those health services needed by persons with disabilities specifically because of their disabilities, including those designed to minimize and prevent further disability ;3
c. provide these health services as close as possible to people's own communities;
d. require health professionals to provide care of the same quality to persons with disabilities as to others by raising awareness of the human rights, dignity and worth, autonomy and needs of persons with disabilities through training and the promulgation, in consultation with all concerned parties, including persons with disability, of ethical standards for public and private healthcare.
21 bis Rehabilitation and Habilitation 4
1. States Parties shall take effective and appropriate measures to enable persons with disabilities to attain their maximum independence and functioning and support their full inclusion and participation in all aspects of life. To that end, States Parties shall organize, strengthen and extend comprehensive rehabilitation and habilitation services, in particular in the areas of health, employment, education and social services, in such a way that
(a) rehabilitation and habilitation services and programmes begin at the earliest possible stage, and are based on the multidisciplinary assessment of individual needs;
(b) rehabilitation and habilitation services and programmes are available as close as possible to people’s own community, including rural areas, and in support of community -based rehabilitation.
2. States Parties shall promote the development of initial and continuing training for professionals and staff working in rehabilitation and habilitation services.
1. The title was not discussed at this stage. In addition, some delegations suggested the inclusion of free and informed consent. Others thought it could be broadly dealt with in other articles such as 3 and/or 9. Another suggestion was made to prohibit “denial of nutrition and medical, life preserving treatment”. However, this suggestion was not agreeable to others as it was overly detailed and descriptive and some elements of the suggestion might be dealt with elsewhere i.e. article 11 on torture.
2. There were conflicting views on the mention of sexual and reproductive health services and, therefore, further discussion is required.
Many delegations found it very essential to include it; otherwise issues such as cervical screening would be missed.
3. Few delegations requested more clarification of “to minimize and prevent further disability”.
4. The article is proposed without prejudice to the incorporation of its elements into other relevant articles. At the same time, subject to an agreement on a separate article on rehabilitation, some delegations preserved their rights to comment on its content in due course.
11th August 2005
Draft Article 22: RIGHT TO WORK
States Parties recognize the right to work of all persons with disabilities of lawful working age, on an equal basis with others; this includes the opportunity to gain a living by work freely chosen or accepted , with a view to protecting persons with disabilities from poverty, in a labour market and work environment, whether in the public, private, or any other sector, which is open, inclusive and accessible to persons with disabilities.
In order to safeguard and promote the realization of the right to work , States Parties shall take all appropriate steps including by way of legislation and shall in particular:
a. prohibit discrimination on the basis of disability in all matters connected with employment;
b. require reasonable accommodation of persons with disabilities in the workplace and work environment;
c. ensure appropriate representation for persons with disabilities in government ministries and require appropriate representation in the workforce of the public sector and of large private sector employers;
d. protect the right of persons with disabilities in all forms of employment, to equal application of employment protection laws and standards, in particular equal remuneration for work of equal value;
e. encourage employers to hire and retain persons with disabilities, by way of such measures as the promotion of affirmative action programs, and the provision of financial incentives and support;
f. enable persons with disabilities to have effective access to general technical and vocational and career guidance programs, employment counseling and placement services, supplemented by information in accessible formats on rights and obligations under labour-related law and other forms of labour regulation;
g. promote equal 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 and the promotion and provision of assistance in finding, obtaining and maintaining and returning to employment, including vocational and professional training and transition programmes;
h. take all possible measures to replace alternative forms of employment with employment in the open labour market, and to the extent that alternative forms exist, ensure that they are adequately resourced, in conditions that provide opportunities for vocational advancement and facilitate the move into the open labour market and that employment protection laws and standards apply;
i. promote recognition of the skills, merits, abilities and contributions of persons with disabilities to the workplace and the labour market, and combat stereotypes and prejudices about persons with disabilities in the workplace and the labour market.
As of 12 August 2005
Participation in cultural life, recreation, leisure and sport
1. States Parties recognize the right of all persons with disabilities to participate on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:
(a) Have the opportunity to develop and utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community;
(b) Enjoy access to literature and other cultural materials in all accessible formats;
(c) Enjoy access to television programmes, films, theatre and other cultural activities, in all accessible formats;
(d) Enjoy access to places for cultural performances or services including tourist sites.
(1) It might be possible to merge (B) and (C) if the content is well kept.
(2) Long lists of examples were taken out provided that they must be mentioned some where in the convention, such as article 13 and 19.
(3) It is still not clear whether (a) should stand on its own as 1 bis. More consultation is needed.
2. States Parties shall take all appropriate steps to ensure that laws protecting intellectual property rights [copyright] do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials, [while respecting the provisions of international law].
(1) More investigation is needed to choose between intellectual property rights or copyright, taking into account the best interest of PWDs.
3. Persons with disabilities belonging to ethnic, religious or linguistic minorities or indigenous groups shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including deaf cultures and sign languages.
(1) Additional text on religion may not be suitable here since it is not about freedom of religion, but more about discriminatory practice against persons on the basis of his/her disability.
4. States Parties recognize 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:
(a) Encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at local, regional, national and international levels;
(b) Ensure that persons with disabilities have an opportunity to organize and participate in disability-specific sporting activities and to receive instruction, training and resources in support that is available to other participants;
(c) Ensure that children with disabilities enjoy the right to play and have access to participating in leisure, recreational and sporting activities on an equal basis with others, including within the education system;
(d) Ensure that persons with disabilities have access to sporting and recreational venues and services from those involved in the organization of recreational, leisure and sporting activities.
(1) More consultation is needed to decide whether this whole paragraph should stand on its own as an article.
(2) Further investigation is needed to determine whether the Mexican Delegation’s proposed paragraph 5 should be part of cultural life or part of sporting activities or should stand on its own.
Mexico’s proposal: 5. Promote that persons with disability have access to services from those involved in the tourism industry.
Article 24 bis International Cooperation
States Parties shall promote international cooperation and undertake to take appropriate measures in coordination with each other, as well as with international and regional organizations and other stakeholders, for the realization of the purposes of this convention.
International cooperation shall include, inter alia:
a) Exchange of information concerning best practices on measures, legislation, national policies, programmes and projects to implement the present convention and on the progress and challenges faced in this regard;
b) Increasing public awareness on disability and the full and equal enjoyment of human rights and fundamental freedoms by persons with disabilities;
c) Ensuring that international cooperation programmes are inclusive to persons with disabilities;
d) Encouraging the provision of technical cooperation and economic assistance to developing countries, including transfer of technology;
e) Promoting research and application of accessible technologies, including assistive technologies for persons with disabilities;
f) Conducting training courses, seminars, workshops and research;
g) Supporting and develop capacity building for the full implementation of this convention.