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Background Documents | Article 1 Background
Seventh
Session | Fourth Session | Third
Session
Working Group | References
Cameroon
European Union
ILO
National Human Rigths Institutions
European Disability Forum
Indian NGO Consultative Meeting
International Save the Children Alliance
CAMEROON
ARTICLE 1er .- La présente loi porte protection et
la promotion des personnes handicapées.
A ce titre elle vise :
- la prévention du handicap ;
- la réadaptation et l’intégration psychologique, sociale et
économique de la personne handicapée ;
- la promotion de la solidarité nationale à l’endroit des personnes
handicapées.
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EUROPEAN UNION
The purpose of this Convention shall be to ensure the full, effective and
equal enjoyment of all human rights and fundamental freedoms by persons with
disabilities.
EU proposal: “The purpose of the Convention shall be to ensure the
full and equal enjoyment of all human rights and fundamental freedoms by persons
with disabilities.”
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Draft Article 1
Purpose
The ILO welcomes the human rights emphasis in the draft text and recognizes
the importance of international cooperation as a means to promote the full
enjoyment of the human rights and fundamental freedoms of persons with disabilities,
particularly in developing countries where an estimated 80 per cent of disabled
people live.
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National Human Rights Institutions
NATIONAL
HUMAN RIGHTS INSTITUTIONS
Interventions at the Third Session:
Thank you Mr. Chair, the National Institutions would like to thank the working
group for the draft text before us.
The National Institutions would like to support the current formulation of
Article 2. We believe that the word “effective” should be retained.
Its removal we observe would weaken the purpose of the convention and may
run the risk of it being theoretical.
The inclusion of the word “effective”, seeks to ensure that substantive
equality is in fact enjoyed by people with disabilities.
Furthermore, we would seek the insertion of the word “ALL” before persons
with disabilities.
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The objective should state: “The
purpose of this Convention shall be to ensure and promote
the full, effective and equal enjoyment of all human rights and fundamental
freedoms by persons with disabilities”.
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The participants felt that since “promotion
and protection” of human rights of persons with disabilities is a central
issue, therefore the statement of purpose must reflect this notion explicitly.
The modified text should read-“The States parties to this convention
shall introduce all such measures that are necessary to promote, protect equal
and effective enjoyment of all human rights and fundamental freedoms by persons
with disabilities”.
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Draft Article 1 – the purpose
of the convention
This article says that the purpose of the convention is to ensure that the
human rights of people with disabilities are respected.
Suggested changes
‘The purpose of this Convention shall be to ensure the full, effective and
equal enjoyment of all human rights and fundamental freedoms by persons,
including children, with disabilities’.
Original Text of the Draft
The purpose of this Convention shall be to ensure the full, effective and
equal enjoyment of all human rights and fundamental freedoms by persons with
disabilities.
JDF’s Comment to this part
For draft Article 1, two alternatives were suggested. One is to include “international
cooperation in the article. (See Footnote 7) This alternative is also related
to the question about where in the Convention the term “international cooperation”
should be put. (See Annex II: Summary of the discussions held regarding the
issue of international cooperation to be considered by the Ad Hoc Committee)
Obviously, international cooperation is very important. However, considering
that international cooperation is not an objective of the Convention for the
protection of human rights of persons with disabilities, but it is a means
to achieve it, it is appropriate to refer to international cooperation somewhere
in the Convention other than Article 1 of the draft.
As an alternative to Article 1 of the draft, it is also suggested to have
a brief formulation stating; “The purpose of this Convention shall be to protect
and promote the rights of persons with disabilities." (See Footnote 8)
We consider that the present formulation in the draft is more specific and
appropriate than this alternative. Therefore, unless a new alternative is
proposed, the present formulation in the draft should remain as Article 1
of the Convention.
Although the objectives of international human rights conventions are usually extrapolated from general obligations provisions found in the initial articles, prevailing international law practice in treaty drafting is to more explicitly articulate treaty objectives in a separate article. (Cf. Framework Convention on Climate Change, Article 2) By including a separate provision outlining the purpose of the convention, the Working Group text is consistent with this practice.
Footnote 7 raises the question considered in the Working Group namely whether
international cooperation might be appropriate to include as an objective.
Reference in this regard may be made to the inclusion of international cooperation
as an objective in a number of other conventions. (Cf. Convention to Combat
Desertification, Article 2) Alternatively, international cooperation may be
included as a general principle of the convention. (Cf. Framework Convention
on Tobacco Control, Article 4(3))
Footnote 8 provides an alternative – and substantially weaker – statement
that represents a departure from formulations set forth in other international
human rights conventions. (Cf. International Convention on the Elimination
of All Forms of Racial Discrimination, Article 2; Convention on the Rights
of the Child, Article 2)
“Purpose” should remain as an independent article.