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Back to: Proposed Modifications by Governments
Sixth Session | Ad Hoc Committee Main

 

Contribution by Governments

New Zealand

 

 

 

Revised Proposals for Article 15

1 August 2005 - Ad Hoc Committee 6

Amendments to the Working Group Text


1. States Parties reaffirm the right of persons with disabilities to liberty of movement and freedom to choose their residence. States Parties shall ensure persons with disabilities are able to determine where and with whom they live on an equal basis with others.

(new paragraph 1 derived from Article 12 (1) ICCPR)


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;


2. States Parties to this Convention shall take effective and appropriate measures to the maximum extent of their available resources to enable persons with disabilities to live in, independently and participate to be fully included in the community on an equal basis with others, including by ensuring that:

(derived from chapeau of Article 15 of the Working Group text)


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;


c bis support services are provided to persons with disabilities in a manner that recognises their autonomy, individuality and dignity, and the diversity of their disabilities;


d. community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs;


d bis persons with disabilities enjoy mobility with the greatest possible independence for persons with disabilities, including by facilitating access by persons with disabilities to high-quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries; including by making them available at affordable cost

(derived from Article 20, the chapeau and 20.a of the Working Group text)


e. persons with disabilities have access to information about available support services, and facilities;


e bis persons with disabilities have opportunities for economic development and financial independence, including opportunities to rent, own or inherit property, to control their own financial affairs, and to have equal access to bank loans, mortgages and other forms of financial credit on an equal basis with others.

(derived from Article 9.e of the working group text).


COMPLETE NEW ZEALAND PROPOSED TEXT FOR ARTICLE 15

1. States Parties reaffirm the right of persons with disabilities to liberty of movement and freedom to choose their residence. States Parties shall ensure persons with disabilities are able to determine where and with whom they live on an equal basis with others.


2. States Parties shall take effective and appropriate measures to the maximum extent of their available resources to enable persons with disabilities to live and participate fully in the community on an equal basis with others. Such measures shall ensure in particular that:


a. 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;


b. support services are provided to persons with disabilities in a manner that recognises their autonomy, individuality and dignity, and the diversity of their disabilities;


c. community services and facilities for the general population are available on an equal basis to persons with disabilities and are responsive to their needs;


d. persons with disabilities enjoy mobility with the greatest possible independence, including by facilitating access to high-quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries;


e. persons with disabilities have access to information about services, and facilities;


f. persons with disabilities have opportunities for financial independence, including opportunities to rent, own or inherit property, to control their own financial affairs, and to have access to bank loans, mortgages and other forms of financial credit on an equal basis with others.

 

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New Zealand proposal for Article 18


“a bis States Parties shall ensure to persons with disabilities, on an equal basis with others, the right:


(a) to participate in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political parties”;


(b) 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”

 


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New Zealand proposed text to replace 19.2(e), (f) and (g)
(An amendment of the EU proposal for a 19.2.e bis)

Promoting the development, availability and use of goods, services, equipment and facilities, including housing, that are designed to be used by all people to the greatest extent possible without the need for adaptation, and promoting such design in the development of standards and guidelines.

 

 

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New Zealand Proposed Amendments to Article 23
(New paragraph 1 derived from paragraph 23.2 of the working group text)


2 1 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 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.


1Bis States Parties shall ensure persons with disabilities benefit from government development programmes and poverty elimination strategies including international aid programmes on an equal basis with others


1 2 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;


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;


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, counselling, financial assistance and respite care), which should not become a disincentive to develop themselves;


d. ensure equitable access by persons with disabilities to governmental housing programs on an equal basis with others, including through earmarking percentages of governmental housing for persons with disabilities;


d.Bis provide assistance to persons with disabilities and their families to meet the extra costs they incur because of disability


e. ensure access by persons with disabilities to tax exemptions and tax benefits in respect of their income;


f. ensure encourage insurance providers to consider applications for insurance from persons with disabilities in a fair and reasonable manner are able to access life and health insurance schemes without discrimination on the basis of disability.


2. (shifted to be Paragraph 1)

 

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NZ Proposals for Article 24


1. States Parties shall recognise the right of all persons with disabilities to take part on an equal basis with others in cultural life, including in artistic, recreational, leisure and sporting activities, and to this end shall take all appropriate measures to ensure that persons with disabilities:


a. have the opportunity to develop and utilise their creative, artistic, intellectual and physical 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 a variety of media and formats, and to all forms of cultural and artistic expression all accessible formats, including in electronic text, sign language and Braille, and in audio and multi-media formats;


b (bis) participate in artistic, recreational, leisure and sporting activities designed for the general population, as well as in activities designed for persons with disabilities, at local, regional, national and international levels;


b (ter) receive instruction, training and resources for the pursuit of artistic recreational, leisure and sporting activities.


(b bis and ter incorporate some content of 24.1c and d, and 24.4a and b)


c. enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats, including captioning and sign language;


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.


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.


3. Persons who are deaf with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.


3 (bis) States Parties shall encourage measures for participation by persons with disabilities in the religious life of their communities on an equal basis with others


4. DELETE PARAGRAPH 4

 

 

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