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Article
29 - Participation in political and public life
Background Documents | Article
29 Background
Seventh Session | Sixth Session | Fourth
Session | Third Session
Working Group | References
Seventh Session
Governments
Brazil
On behalf of Chile, Uruguay, Panama, Equador, Jamaica, Mexico, Guatemala, Paraguay, Colombia, Costa Rica and El Salvador
Non-governmental organizations
International Disability Caucus
International Disability Convention Solidarity in Korea
Comments, proposals and amendments submitted electronically
Governments
Article 29
On behalf of Brazil, Chile, Uruguay, Panama, Equador, Jamaica, Mexico, Guatemala, Paraguay, Colombia, Costa Rica and El Salvador, we would like to submit the following proposed ammendment to article 29, (a) (i):
Insert the words "electoral campaigns, in particular in the mass media", before "voting procedures". The full sentence will read: "Ensuring that
electoral campaigns, in particular in the mass media, voting procedures, facilities and materials are appropriate, accessible and easy to understand and use".
Article 29
States Parties shall guarantee to persons with disabilities their political rights and the opportunity to enjoy them on an equal basis with others, and undertake to:
(a) ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others in accordance with national laws of general application, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, by:
EU Proposal (a): Delete “in accordance with national laws of general application”
(i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government;
EU Comment (a)(ii): EU is still working on a slight amendment to strengthen the text regarding persons with disabilities who hold office, further discussion in New York necessary.
(iii) guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request allowing assistance in voting by a person of their own choice;
(b) actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) participation in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political Parties;
(ii) forming and joining organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
EU-Proposal 25 January 2006
Art. 29
States Parties shall guarantee to persons with disabilities their political rights and the opportunity to enjoy them on an equal basis with others, and undertake to:
(a) ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others in accordance with national laws of general application, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, by:
EU Proposal (a): Delete “in accordance with national laws of general application”
(i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government;
EU Proposal (a) (ii): Add “effectively” before “hold office” and “facilitating the use of assistive and new technologies where appropriate” at the end of the sentence.
(iii) guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request allowing assistance in voting by a person of their own choice.
EU Proposal (a) (iii): Delete “by a person of their own choice” from the end of the sentence
(b) actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) participation in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political Parties;
(ii) forming and joining organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
EU Proposal (a): Delete “in accordance with national laws of general application”
(i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government;
EU Comment (a)(ii): EU is still working on a slight amendment to strengthen the text regarding persons with disabilities who hold office, further discussion in New York necessary.
Article 29
States Parties shall guarantee to persons with disabilities their political rights and the opportunity to enjoy them on an equal basis with others, and undertake to:
(a) ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others in accordance with national laws of general application, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, by:
(i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government;
(iii) guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request allowing assistance in voting by a person of their own choice;
(b) actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) participation in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political Parties;
(ii) forming and joining organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
Article 29
“b)…
(i) Participation in political parties, non-governmental organizations and associations concerned with the public and political life of the country, including their activities and administration;”
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
Chairman’s text as amended by the IDC
Article 29
States Parties shall guarantee to persons with disabilities their political rights and the opportunity to enjoy them on an equal basis with others, and undertake to:
(a) ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others in accordance with national laws of general application, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected (ADD: “inter alia”), by:
(JUSTIFICATION: The manner in which the right is presently drafted it makes it seem like that lack of access is the only reason for depriving persons with disability of the right to vote. Accordingly, the last sentence of article 29 (a) could be reworded as follows " including the right and opportunity of persons with disability to vote and be elected INTER ALIA by" The inclusion of inter alia underscores the fact that the initiatives are only illustrative and not exhaustive.)
(i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government;
(iii) guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request allowing assistance in voting by a person of their own choice;
(b) actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) participation in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political Parties;
(ii) forming and joining organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.
(c) (NEW c “State Parties shall ensure that persons with disabilities be consulted and involved on an equal basis with others in all policy making exercises and decision-making processes to enable inter alia due appreciation of the disability dimension in such policies and be afforded an appropriate leading role on issues concerning persons with disabilities.”)
(JUSTIFICATION: Clause (c) of the old article 18 obligated that persons with disabilities should be consulted in all public decision-making has been deleted. The IDC has been stressing that there is a disability perspective to all policies and hence such consultation should be explicitly guaranteed by the Convention.
The IDC seeks such consultation both in assertion of the citizenship rights of persons with disability and because there is a disability dimension to every policy and such dimension should be fore-grounded at the design stage and not be inducted as an add on.)
NEW (WOMEN’S) INTERNATIONAL DISABILITY CAUCUS TEXT PROPOSAL
26-01-2006W
Article 29
States Parties shall guarantee to persons with disabilities their political rights and the opportunity to enjoy them on an equal basis with others and shall take effective measures to ensure equal enjoyment of these rights by women with disabilities, and to this end undertake to:
(a) ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others in accordance with national laws of general application, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, by:
(i) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government, including representation at the international level and to participate in the work of international organizations
(iii) guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request allowing assistance in voting by a person of their own choice;
(b) actively promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
(i) participation in non-governmental organisations and associations concerned with the public and political life of the country, including the activities and administration of political Parties;
(ii) forming and joining organisations of persons with disabilities to represent persons with disabilities at international, national, regional and local
levels.
(c) ensure that discrimination against women with disabilities in political and public life is eliminated and actively promote their participation in these fields, including where appropriate through the use of appropriate positive measures.
Justification:
These amendments are necessary to ensure that women with disabilities get equal opportunities in comparison to men with disabilities and women without disabilities, to participate in political and public life on regional, national and international level as they are underrepresented in these areas so far.
Women’s IDC
Response to the Facilitator’s Proposals on Women with Disabilities
from 28/30 January 2006
Article 29
Rationale:
Amendments for women with disabilities in this article are very crucial. Women with disabilities are underrepresented in all areas of political and public life, including the areas of disability policy ad well as gender policy.
Issues of women with disabilities are mostly only associated with social and sometimes with economic rights, but hardly ever with political and civil rights. Also in its General Recommendation No. 18 and No. 24 the CEDAW Committee referred only to the social, economic and cultural rights of women with disabilities.
But Empowerment and participation in political and public life are crucial to enhance capacity building of women with disabilities.
Women with disabilities need equal opportunities in comparison to women without disabilities and to men with disabilities to participate in political and public life on national, regional and international level.
States Parties shall guarantee to persons with disabilities their political rights and the opportunity to enjoy them on an equal basis with others (ADD: and shall take effective measures to ensure equal enjoyment of these rights by women with disabilities), and (ADD: to this end) undertake to:
(a) ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others in accordance with national laws of general application, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, by:
(i) …
(ii) protecting the right of persons with disabilities to vote by secret ballot in elections and public referenda, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government, (ADD: including representation at the international level and participation in the work of international organisations;)
(…)
ADD:
(c) ensure that women with disabilities are empowered to participate in political and public life, including where appropriate through the use of positive measures.)
INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA
IDCSK fully supports the proposals made by the IDC except only the below.
Article 29
(c) (NEW c “State Parties shall ensure that persons with disabilities be consulted and involved on an equal basis with others in all policy making exercises and decision-making (ADD: , implementation, evaluation, monitoring,) processes to enable inter alia due appreciation of the disability dimension in such policies and be afforded an appropriate leading role on issues concerning persons with disabilities.”)
Article 29
Revision:
The phrase “national and local” should be inserted in subparagraph (a) (ii) after the word “government”.
Comments:
Generally, the term "government" includes both national government and local government, and governmental policies include governmental, national and local policies. In other words, public authorities and institutions include all public authorities and public institutions, national and local. The subparagraph (a)(ii) would therefore read:
“(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums, without intimidation, and to stand for elections and to hold office and perform all public functions at all levels of government, national and local;”
As to draft article 18 of the Working Group text “PARTICIPATION IN POLITICAL AND PUBLIC LIFE”, JDF has already pointed out:
“Political rights include, but are not limited to the rights to participate in elections - to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs and to hold office and perform all public functions at all levels of government, national and local. Bearing these rights in mind,
(1) In realizing the right of persons with disabilities to hold office and perform all public functions, it should be ensured that reasonable accommodation is provided to them in addition and in relation to positive action including quotas;
(2) It should be ensured that the necessary and effective support services for disability-related information and communication needs are provided in cases persons with disabilities get involved in advisory councils or committees or working groups of governmental and public authorities and institutions, national and local, to develop and review policies and plans concerning disability-related issues.” (Comments on the Working Group text for Sixth Session of the Ad Hoc Committee, submitted by JDF (19 July 2005))
L'UNION DES PERSONNES HANDICAPEES DU BURUNDI
Article 29
1. La plupart des personnes handicapées qui ne pourraient pas participer à la camapagne électorale, poeuvent etre représentées par leurs associations meme par la coptation s'il le faut dans les organes du pouvoir politique.
2. La personne handicapée incapable de voter par elle-meme, pourrait donner son mandat à une presonne de confiance de son choix.
3. Encourager les femmes handicapées à participer dans la vie politique par tous les moyens appropriés.
PEOPLE WITH DISABILITY AUSTRALIA
Report on National Consultations
Article 29
There was general support for the article and no amendments or revisions to the Chair’s Text are proposed.