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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
Sixth Session
Draft article 18
47. There was general agreement to the importance of this draft article.
There was also general agreement that its provisions needed to be strengthened
to better reflect the stronger commitments found in similar provisions of
the International Covenant on Civil and Political Rights and the Convention
on the Elimination of Discrimination against Women.
48. The Committee noted that General Comment 23 of the Committee on the
Elimination of Discrimination against Women provided some useful guidance
in relation to this Article.
Paragraph (a)
49. There was general support to strengthen the chapeau of paragraph (a)
by replacing the opening phrase “actively promote an environment in which”
with the phrase “ensure that”.
50. There was general support to change the term “citizens” to “persons”
in paragraph (a) and subsequent paragraphs. This would be consistent with
the term used in the Convention on the Elimination of Discrimination against
Women, and also reflect that in many States some non-citizens (such as permanent
residents) have the right to vote and therefore no lesser standard should
be accepted for persons with disabilities.
51. To ensure that there would be no expectation that States should grant
extra political rights to persons with disabilities that others did not
enjoy, the Committee agreed to add the phrase “on an equal basis with others”.
That would ensure that no state would be obliged to give non-citizens with
disabilities a right to vote if non-citizens in general would not be entitled
to vote.
52. A proposal to add a phrase “and materials” to the end of the paragraph
received no opposition. The phrase is intended to clarify that all aspects
of voting and participation in political life should be accessible.
53. Following the discussion, paragraph (a) now reads:
(a) ensure that persons with disabilities can effectively and fully participate
in political and public life on an equal basis with others [and in accordance
with national laws outlining political rights for all people], directly
or through freely chosen representatives, including the right and opportunity
of persons with disabilities to vote and be elected, by ensuring that voting
procedures, facilities and materials:
Subparagraphs (a)(i), (a)(ii) and (a)(iii)
54. There was general support on the inclusion of these three paragraphs,
although a number of technical issues were raised.
55. In particular, the Committee noted that a secret ballot might not always
be technically possible for some persons with disabilities. Some wording
such as “in accordance with law” might help, and the phrase “without intimidation”
might also be an important qualifier. Such language could help protect people
with disabilities who are not able to engage in a completely secret ballot.
56. It was generally agreed that any assistance provided to people with
disabilities should only be on their request and provided by someone they
trust. It was also noted that political rights are broader than the right
to vote in elections and several delegations wished to express specifically
the right to hold office and participate effectivly in the political process.
57. There was also agreement to make some minor changes to make the language
consistent with the Convention on the Elimination of Discrimination against
Women and the international Covenant on Civil and political rights.
58. Following the discussion, the paragraphs now read:
(i) are appropriate, accessible and easy to understand and use;
(ii) protect the right of persons with disabilities to vote by secret ballot,
[in accordance with law and without intimidation] in elections, and public
referenda; to stand for elections and to hold office and perform all public
functions at all levels of government;
(iii) guarantee the free expression of the will of persons with disabilities
as electors and to this end, where necessary, allow assistance in voting
on their request and by a person of their own choice;
Paragraph (b)
59. The Committee considered a number of linguistic and structural proposals
that strengthened and broadened paragraph (b), and also brought it more
closely into alignment with the Convention on the Elimination of Discrimination
against Women.
60. In particular, there was general agreement to delete the term, “as appropriate”
from paragraph (b) as it might be misinterpreted as a qualifier. There was
a preference in the Committee for the broader term “public affairs” rather
than “public administration”, in order to be consistent with other international
treaties. There was general agreement to add the word “international” to
the settings in which persons with disabilities could participate.
61. Following the discussion, paragraph (b) now reads:
(b) [actively promote an environment in which] [ensure that] persons with
disabilities, without discrimination and on a basis of equality between
men and women, can effectively and fully participate in the conduct of public
affairs, and shall encourage their participation in public affairs, including
to:
(i) participate 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) form and join organisations of persons with disabilities to represent
persons with disabilities at international, national, regional and local
levels.
Paragraph (c)
62. The Committee noted that there was general agreement at its fourth session
that the elements of paragraph (c) should be consolidated in draft article
4(2) along with several other provisions from other paragraphs that have
general application across the whole convention c
. Some delegations noted at this meeting, however, that the paragraph
needed to be retained in the context of political participation. The Committee
noted that these elements should be looked at in a future meeting from the
perspective of the balance of text and repetition.
63. Divergent views were expressed on the phrase “in particular those with
disabilities”. Some delegations proposed to delete the phrase in order to
broaden the paragraph to take into account participation in matters wider
than those concerning disability issues. Other delegations, however, considered
that there was a need to ensure the primacy of the voice of persons with
disabilities in relation to disability issues.
64. Participation in the implementation and evaluation of policy, in addition
to decision making, was also emphasised by several States, in particular
in relation to development programmes.