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UN Programme on Disability   Working for full participation and equality

 

Article 29 - Participation in political and public life
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References

 

 

International human rights conventions and other legal instruments
 

ICESCR: International Covenant on Economic, Social and Cultural Rights
ICCPR: International Covenant on Civil and Political Rights
CERD: Committee on the Elimination of Racial Discrimination
CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
CAT: Convention Against Torture
CRC: Convention on the Rights of the Child
ILO Convention 159: Vocational Rehabilitation and Employment (Disabled Persons)
ILO Recommendation 168: Vocational Rehabilitation and Employment (Disabled Persons)
UNESCO CDE: Convention against Discrimination in Education



 

Article 29
Related to para. 1 (a)(iii)

ICCPR, Article 25(a) and (b): Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

CERD, Article 5(c): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:…(c) Political rights, in particular the right to participate in elections - to vote and to stand for election - on the basis of universal and equal suffrage…

CEDAW, Article 7(a): States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

CMW, Article 41:

1. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin and to vote and to be elected at elections of that State, in accordance with its legislation.

2. The States concerned shall, as appropriate and in accordance with their legislation, facilitate the exercise of these rights.


CMW, Article 42(2) and (3):

2. States of employment shall facilitate, in accordance with their national legislation, the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities.

3. Migrant workers may enjoy political rights in the State of employment if that State, in the exercise of its sovereignty, grants them such rights.

 

Related to para. 1 (b)

ICCPR, Article 25(a) and (c): Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs…
(c) To have access, on general terms of equality, to public service in his country.

CERD, Article 5(c): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to (…) guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:…(c) Political rights, in particular the right (…) to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

CEDAW, Article 7(b): States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: …

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

CEDAW, Article 8: States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

CMW, Article 41(1):
1. Migrant workers and members of their families shall have the right to participate in public affairs of their State of origin …

CMW, Article 42(1) and (2):
1. States Parties shall consider the establishment of procedures or institutions through which account may be taken, both in States of origin and in States of employment, of special needs, aspirations and obligations of migrant workers and members of their families and shall envisage, as appropriate, the possibility for migrant workers and members of their families to have their freely chosen representatives in those institutions.

2. States of employment shall facilitate, in accordance with their national legislation, the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities.

Related to para. 1 (b)(i)

CEDAW, Article 7(c): States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: … (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.


 

 


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