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Contribution by Governments
Article4
General obligations
1. States Parties undertake to ensure and to promote the full realization of
all human rights and fundamental freedoms for persons with disabilities within
their jurisdiction without discrimination of any kind on the basis of disability.
To this end, States Parties undertake to :
(a) adopt legislative, administrative and other measures to give effect to
the present Convention, and to amend, repeal or nullify any laws and regulations
and to discourage customs or traditions that are inconsistent with the present
Convention;
(b) embody the rights of opportunity and non-discrimination on the basis of
disability in their national constitutions or other appropriate legislation,
if not yet incorporated therein, and to ensure, through law and other appropriate
means, the practical realization of these rights;
(c) mainstream disability issues into all economic and social development policies
and programmes;
(d) refrain from engaging in any act or practice that is inconsistent with
the present Convention and to ensure that public authorities and institutions
act in conformity with the present Convention;
(e) take all appropriate measures to eliminate discrimination on the basis
of disability by any person, organization or private enterprise;
(f) promote the research, the development, availability and provide accessible
information to persons with disabilities on the use of:
(i) Universally designed goods, services, equipment and facilities, to meet
the specific needs of persons with disabilities, which should require the minimum
possible adaptation and the least cost to meet the specific needs of a person
with disabilities, and to promote universal design in the development of standards
and guidelines;
(ii) New technologies, including information and communication technologies,
mobility aids, devices, assistive technologies, suitable for persons with disabilities,
giving priority to affordably priced technologies;
2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights, except where thus would result in discrimination on the basis of disability.
3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall closely consult with and actively involve persons with disabilities and their representative organizations. Such issues shall include standards and guidelines for accessibility, the formulation of health, habilitation and rehabilitation legislation and the planning, the delivery and evaluation of health, habilitation and rehabilitation services and the design and implementation of data collection.
4. Nothing in the present Convention shall affect any provisions which are
more conducive to the realization of the rights of persons with disabilities
and which may be contained in the law of a State Party or international law
in force for that State.
5. ensure that any person or class of persons whose rights or freedoms as recognized
in this convention are violated shall have an effective and appropriate remedy
whether the violation has been committed by persons or entities acting in an
official or private capacity and in this regard to ensure;
a) That any person claming such remedy shall have his or her right thereto
determined by competent judicial, administrative or legislative authorities
or any other competent authorities provided for by the legal system of the
State
b) That the judicial, administrative and other structures in this regard are
accessible in law, process and fact to any person with a disability seeking
to make such a claim;
6) establish credible and effective structures to oversee implementation and monitoring; to ensure a barrier free society through the establishment of an effective enabling environment; to provide particular protection and support for persons with disabilities who are vulnerable on account of situations such as conflict and natural disasters or because of their status as children, women and persons living with HIV/AIDS
African Group position on Article 5
Mr. Chairman, as indicated by the African Group during negotiations on Article
5 in the plenary meeting on Monday, 16 January 2006, we wish to communicate
the following as the Group’s observation on the afore-mentioned article:
Article 5(1): This paragraph is acceptable to the African Group.
Article 5(2): We agree with the EU’s proposal to delete part 2 of paragraph
5(2) to keep the article concise and avoid repetition as well as replace the
word “any” with the word “all” in the first sentence
of the paragraph as proposed by the Canadian Delegation.
Paragraph 5(3): The African Group supports the Kenyan proposal on this paragraph.
The paragraph should be amended to read “States
parties shall take all appropriate steps to ensure that reasonable accommodation
is provided so that persons with disabilities may enjoy or exercise all human
rights and fundamental freedoms on an equal basis with others”.
Paragraph 5(4): On this paragraph, our Group prefers not to qualify the Word “Measures” at
the beginning of the paragraph and amend the paragraph to read “Measures
which are necessary to accelerate or achieve de facto equality of persons with
disabilities shall not be considered discriminatory on
the basis of the present Convention”.