Article 11 - Situations of risk
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Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
Right to life 1
[States Parties reaffirm the inherent right to life of all persons with disabilities, and shall take all necessary measures to ensure its effective enjoyment by them. 2 — Argentina] (in particular, in situations of armed conflicts and natural disasters, in accordance with international law, human rights, refugee and international humanitarian law — Jordan)
(States Parties shall, in accordance to their obligations in the context of international law and the Universal Declaration of human rights and international treaties and conventions for the protection of civilians from armed conflicts, take all necessary measures to guarantee the protection and care for persons with disabilities that are affected by armed conflicts or are refugees or are internally displaced persons and under occupation — Yemen) (including foreign occupation — Palestine, Lebanon)
(States Parties recognize that any person with disabilities has an inherent right to life — Argentina)
(States Parties reaffirm the inherent right to life of all persons and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities. — Costa Rica)
(In accordance with their obligations under international humanitarian law to protect civilian population in armed conflicts and risk situations, States Parties shall take all feasible measures to ensure the protection and care of all persons with disabilities who are affected by armed conflicts — Uganda) (including foreign occupation — Palestine)
(States Parties shall ensure to the maximum extent possible the survival and development of persons with disabilities — India)
1. There were different views expressed within the Working Group as to whether the Convention should include an article on the right to life, and if so, its content.
2. In the context of the discussion on this draft article, some members of the Working Group suggested that the Convention should contain a separate draft article on the protection of the rights of persons with disabilities in armed conflict, similar to the approach taken in article 38 (4) of the Convention on the Rights of the Child. It was also suggested that such an article could deal more broadly with the protection of the rights of groups at particular risk.