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UN Programme on Disability   Working for full participation and equality
Back to: Proposed Modifications by Governments
Seventh Session | Ad Hoc Committee Main

 

Contribution by Governments

Australia

 

 

AUSTRALIAN KEY PROPOSALS – TEXT OF AMENDMENTS

A. Australian proposed definition of disability

‘disability’ includes person who experience:

(a) total or partial loss of the person's bodily or mental functions; or

(b) total or partial loss of a part of the body; or

(c) the presence in the body of organisms causing disease or illness; or

(d) the presence in the body of organisms capable of causing disease or illness; or

(e) the malfunction, malformation or disfigurement of a part of the person's body; or

(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or

(g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and that such experience:

(h) may presently exist; or

(i) may have previously existed but no longer exists; or

(j) may exist in the future; or

(k) may be imputed to a person.

A bis. Australian alternative proposal for inclusion in Article 4 of recognition that the General obligations under the Convention apply to certain people

States Parties recognise that persons whose rights and dignity are to be protected from discrimination on the basis of disability by the provisions of this Convention include persons who experience:

(a) total or partial loss of the person's bodily or mental functions; or

(b) total or partial loss of a part of the body; or

(c) the presence in the body of organisms causing disease or illness; or

(d) the presence in the body of organisms capable of causing disease or illness; or

(e) the malfunction, malformation or disfigurement of a part of the person's body; or

(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or

(g) a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and that such experience:

(h) may presently exist; or

(i) may have previously existed but no longer exists; or

(j) may exist in the future; or

(k) may be imputed to a person.

B. Australian Proposed Article 5bis - Specific Population Groups

Recognition of specific population groups

States Parties shall recognise the particular vulnerability and additional disadvantage of specific population groups of persons with disability, including:

(a) women with disability

(b) children and young persons with disability

(c) elderly persons with disability

(d) persons with severe and/or multiple disability

(e) persons with disability from racial, ethnic, linguistic, and/or religious minority groups

(f) Indigenous persons with disability, and

(g) persons with disability living in rural, remote and small island communities.

State Parties shall take all appropriate measures, including any special measures, to ensure for these groups the full and equal enjoyment of the rights set out in this convention.

C. Australian proposed Article No. 6 – Women With Disabilities

State Parties recognise that women and girls with disabilities are subject to multiple discrimination and that focused, gender-specific measures (including protective measures) will be necessary to ensure that women and girls enjoy all human rights and fundamental freedoms on the basis of equality with men and boys.

State Parties shall take all appropriate measures to ensure the equal right of women with disabilities to the enjoyment of all rights set out in this Convention.

 

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Australian Proposal for Article 2 – Reasonable Accommodation

31 January 2006

“ Reasonable adjustments” means necessary and appropriate adjustments and modifications not imposing unjustifiable hardship, which are needed in a particular case to eliminate discrimination and ensure equality.

 

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Australian Intervention – Article 4 – General Obligations

1 (a) We propose to replace ‘rights of equality’ with ‘principles of equality’. Equality as a right simply means that people should be treated alike. Equality as a principle acknowledges barriers that may inhibit the equal participation of certain members of society.

We also propose deleting ‘and to ensure, through law and other appropriate means the practical realisation of these rights’ on the basis that it is repetitive, paragraph 4(1)(a) already refers to measures to be put in place to give effect to the rights in the Convention.

1(c) We propose to replace “to mainstream disability issues into all economic and social development policies and programmes” with ‘to promote the incorporation of the needs and concerns of persons with disabilities into economic and social development policies and programmes.’

1 (f) (i) Delete ‘which should require the minimum possible adaptation and least cost to meet the specific needs of a person with disabilities’ as this level of detail is inappropriate for a ‘general obligations’ provision and is partly repetitive when the definition of universal design is taken into account.

The delegation supports moving paragraph 4(f)(i) and (ii) to Article 9: Accessibility.

The delegation could propose that paragraph 4(f) be amended and renumbered 9(2)(i). It could read:

Promote the development, availability and use of:

(i) universally designed goods, services, facilities, assistive technologies, standards and guidelines.

(ii) new technologies, including information and communication technologies, mobility aids, devices, assistive technologies, suitable for persons with disabilities.

3. Australia is concerned with the current wording of article 4(3) as Governments may not be able to guarantee to ‘closely consult with and actively involve persons with disabilities’ before each and every law and policy is developed.

Australia proposes to replace ‘shall closely consult with and actively involve’ with a less prescriptive formulation, such as ‘shall take appropriate measures to ensure adequate consultation with’.

 

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Australian Intervention on Article 6

Australia has proposed a separate Article which is substantially reflected in the Facilitator’s text.

We believe that is it important to recognize that the multiple discrimination experienced by women and girls is based on the intersection of gender and disability.

We are flexible on the proposal for the preamble (n) bis and the twin track approach proposed. However we strongly support both the inclusion of a separate article on women and the facilitator’s text for this Article.

On the issue of separate references to women throughout the Convention we are flexible, although we would note the risk of weakening the emphasis by frequent references. For this reason we particularly believe that the second paragraph in the facilitator’s text is important as it reinforces the fact that ALL rights in this Convention also apply to women. We do not believe that this paragraph limits the rights of women only to those in this convention.

In relation to specific articles:

We support reference to Article 16 but are concerned that the current wording sets up a hierarchy between men and women and suggest replacing the additional facilitator’s text with the following:

“noting that women and girls are particularly vulnerable in such circumstances”

We also support a reference in Article 25 (b) bis but believe that the issues raised are substantively dealt with in other articles so suggest that the words “and protect them from any form of coercive treatment, including sterilization” could be deleted.

Australia does not support proposed Article 31 1 (o) on the basis that it is too prescriptive but noting the importance of disaggregating data on the basis of gender and age we do support 31 1 (o.1)

Australia is flexible on the inclusion of a separate article on children. In the event that separate references are included for children Australia supports the text for Article 3 (h) and Article 4.

We understand that discussions continue for Article 17 but do not support the proposed A17 2 bis.

We support the intent of Article 23 2 ter and suggest a final sentence to read: “ In making any arrangements the best interests of the child shall be a primary consideration.”

Australia believes that there is merit in retaining references to “age sensitive” rather than “child sensitive” as we believe it also covers reference to older persons, which is increasingly important in view of the ageing of our population.

 

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Australian Proposal 24 January 2006

Article 24 - Education

1. States Parties recognize the right of persons with disabilities to education 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) The development by persons with disabilities of their personality, talents and creativity, as well as their mental and physical abilities, to their
fullest potential;

(c) Enabling persons with disabilities to participate effectively in a free society.

2. In realizing this right, States Parties shall take measures directed to achieving an inclusive education system at all levels and life-long learning without discrimination and on the basis of equality of opportunity. In particular, States Parties shall take measures directed to:

(a) ensuring that persons with disabilities receive the support required to facilitate their effective education within the general education system and, to the extent possible, in the communities in which they live. Where the general education system cannot reasonably accommodate the support needs of persons with disabilities, States Parties shall ensure that effective alternative support measures are provided in environments which maximize academic and social development, consistent with the goal of full inclusion;

(b) 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.


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, and facilitate peer support and mentoring;

(b) Facilitate the learning of sign language and the promotion of the linguistic identity of the deaf community;

(c) Ensure that the education of children is delivered in the most appropriate languages and modes of communication for the individual.

 

 


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