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Article 11 - Situations of risk

Background Documents | Article 11 Background

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Working Group

Fifth Session



Report of the Coordinator to the Fifth Session

Draft article 8.

8. There was agreement that there should be an article in the convention on the right to life and broad support for it to be based on the text prepared by the Working Group. There was general agreement to add, at the end of the draft article, the words “on an equal basis with others”.

9. Some delegations proposed broadening the draft article to include situations of risk, such as natural disaster, armed conflict and foreign occupation. Other delegations, however, had difficulty with this, and supported a more streamlined approach. Following an extensive discussion, there was general agreement to pursue the more streamlined approach adopted by the Working Group, but to include elsewhere in the convention a provision concerning the protection for persons with disabilities in times of public emergency or in situations of risk. Such protection could be provided for in a new draft article 8 bis, on the understanding that its ultimate placement could be considered at a subsequent stage.

10. Other proposals were made to elaborate upon or expand the provisions of draft article 8.

11. With these differing views in mind, the Coordinator proposed the following wording for draft article 8:

“8. States parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others.”

Draft article 8 bis

12. Draft article 8 bis would cover the broader obligation of States parties to preserve the safety of persons with disabilities. Taking into account the discussion of draft article 8, the Coordinator proposed the following wording:

“[States parties recognize that in situations of risk to the general population persons with disabilities are especially vulnerable and shall take all feasible measures for their protection.]”a

13. It was noted that the phrase “all feasible measures” was drawn from paragraph 4 of article 38 of the Convention on the Rights of the Child.

14. There was a divergence of views on whether the wording of draft article 8 bis should be further elaborated to include specific instances of situations of risk. The issue was referred to the facilitator (Eduardo Calderón, Ecuador) for further discussion with delegations.




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