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Background Documents | Article 2 Background
Seventh Session | Fourth
Session | Third Session
Working Group | References
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
[Article 3
Definitions 1
“Accessibility” 2
(“Accessibility” shall include aspects and/or services that are inclusive, equal,
appropriately used or readily reached and benefit people with disabilities,
including promoting safe, healthy and barrier free access to physical environments
and public transportation as a standard. These aspects include, social and economic
empowerment, information, communication and assistive technologies, universal
design and adaptation. – South Africa)
“Communication” includes oral-aural communication, [communication using – South
Africa] sign language, tactile communication, Braille (system – Yemen), large
print, audio, accessible multimedia, human reader and other augmentative or
alternative modes of communication, including accessible information and communication
technology. 3
“Disability” 4
(“Disability” means a functional status of human individual, which is the outcome
of the interaction between the individual and the society and environment, manifested
as physical, sensory, mental, intellectual impairment that limits the capacity
to perform daily life and social participation and which can be aggravated by
the economic and social environment. – China, Rep. of Korea)
(“Disability” is the loss or elimination of opportunities to take part in the
life of the community; equitably with others that is encountered by persons
having physical, sensory, psychological, developmental, learning, neurological
or other impairments, which may be permanent, temporary or episodic in nature,
thereby causing activity limitations and participation restriction within the
mainstream society. These barriers may be due to economic, physical, social,
attitudinal and/or cultural factors. - South Africa)
(“Disability” means:
(a) total or partial loss of the person's bodily or mental functions; or
(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or illness;
or
(e) the malfunction, malformation or disfigurement of a part of the person's
body; or
(f) a disorder or malfunction that results in the person learning differently
from a person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person's thought processes,
perception of reality, emotions or judgment or that results in
disturbed behaviour;
and includes a disability that:
(h) presently exists; or
(i) previously existed but no longer exists; or
(j) may exist in the future; or
(k) is imputed to a person; - Australia)
(States Parties should adopt definitions of “disability” that take into consideration
economic, social, cultural and social barriers, and that are in line with the
principles highlighted by this convention. – Lebanon)
(The term “disability” means a physical, mental or sensory impairment, whether
permanent or temporary, that limits the capacity to perform one or more essential
activities of daily life, and which can be caused or aggravated by the economic
and social environment. – Argentina)
“Persons with disability” 5
(“Person with disability”
A person that presents a physical, mental, intellectual or sensorial impairment;
whether congenital or acquired, temporary or permanent that limits his/her capacity
to perform some essential activities of daily life and that requires specific
support to achieve his/her full development, integration and inclusion in the
social, cultural, political and economic fields. – Mexico)
(“Persons with Disabilities” are people who have long-term or recurring, physical
or sensory impairment which substantially limits the prospects of equitable
participation in society – South Africa)
“Discrimination on the ground of disability” 6
(“Discrimination” shall mean any distinction, exclusion, additional obligations
or burdens, restrictions or acts which have the purpose or effect of impairing
or nullifying the recognition, enjoyment or exercise by persons with disabilities,
on a basis of equality with others, of all human rights and fundamental freedoms.
– South Africa)
(“Discrimination against persons with disabilities”, means any forms of distinction
treatment, exclusion or restriction based on a disability, which has the effect
of impairing the rights and dignity of persons with disabilities. - China)
(The term “discrimination against persons with disabilities” means any distinction,
exclusion or restriction based on a disability, record of disability, condition
resulting from a previous disability or perception of disability, whether present
or past, which has the effect or objective of impairing or nullifying the recognition,
enjoyment, or exercise by a person with a disability of his or her human rights
and fundamental freedoms.
A distinction or preference adopted
by a State Party to promote the social integration or personal development of
persons with disabilities does not in itself limit the right of persons with
disabilities to equality and that individuals with disabilities are not forced
to accept such distinction or preference. If, under a State’s internal law,
a person can be declared legally incompetent, when necessary and appropriate
for his or her well being, such declaration does not constitute discrimination.
– Argentina)
“Language” (shall – South Africa) includes oral-aural language and sign language.
7
“Reasonable accommodation” 8
(“Reasonable Accommodation”:
Any modification or adjustment to an environment that will enable a person from
a designated group to have access to and/or participate equitably as part of
mainstream society. - South Africa)
“Universal design” and “Inclusive design”. 9
(“Universal design” is a worldwide concept, which promotes a holistic design
such that all products, environments and communications are to designed to consider
and provide for the needs of the widest possible array of users. It is considered
as a design for all, as an inclusive design and also as a lifespan design. -
South Africa)
(“Rehabilitation” – South Africa)
(“Associate”, in relation to a person, includes
(a) a spouse of the person; and
(b) another person who is living with the person on a genuine domestic basis;
and
(c) a relative of the person; and
(d) a carer of, or assistant to, the person; and
(e) another person who is in a business, sporting or recreational relationship
with the person. – Australia)
(States Parties to this Convention shall:
h) seek to remedy the economic, social, cultural, material and personal disadvantages
experienced by persons with disabilities by measures that include the implementation
of this Convention;
i) recognise that all ages and any population or group of people can experience
disability;
j) interpret broadly all clauses in this convention in order to assist people
with disabilities who require its protection, taking into account their diversity
and individuality;
k) define a person with a disability as an individual whose capacity to lead
an inclusive life in the community of his/her choice is limited by the cumulative
impact of physical, political, economic, social and cultural environments and
personal factors that arise from physical, sensory, psycho-social, neurological,
medical, intellectual or other conditions that may be permanent, temporary,
intermittent, perceived or imputed;
l) recognise that no individual shall be considered a person with a disability
contrary to his or her own choice;
m) ensure that any definition of disability that is applied in their countries'
courts of law is at least as inclusive and broadly based as the definition contained
in this Convention, and takes full account of the physical, economic, social
and cultural environments and personal factors that create disabling conditions;
n) recognise that an individual may claim rights under this Convention if she
or he can be considered a person with a disability or has experienced a past
disability, within the terms of the legal definition of disability that is applied
in her/his country of residence and if such a definition does not exist, or
if the person can be considered a person with a disability under Paragraph d)
of this Article, the definition in this Convention shall be applied. – Kenya)
- EU, India, Norway, Bahrain]
Footnotes:
1. In the consideration of this article, the Ad Hoc Committee may wish to take into account the different proposals that were presented to the Committee and the Working Group regarding the specific definitions of the concepts herein contained.
2. The need for a definition of “accessibility”
and the content of any definition will depend on the outcome of the discussion
in the Ad Hoc Committee on draft article 19 on accessibility.
3. The
Ad Hoc Committee may wish to consider the need for a definition of “communication”
(separate from draft article 13 on freedom of expression and opinion), and if
so, the content of that definition.
4. Many
members of the Working Group emphasized that a convention should protect the
rights of all persons with disabilities (i.e. all different types of disabilities)
and suggested that the term “disability” should be defined broadly. Some members
were of the view that no definition of “disability” should be included in the
Convention, given the complexity of disability and the risk of limiting the
ambit of the Convention. Other delegations pointed to existing definitions used
in the international context, including the World Health Organization’s International
Classification of Functioning, Disability and Health (ICF). There was general
agreement that if a definition was included, it should be one that reflected
the social model of disability, rather than the medical model.
5. Some
members of the Working Group considered that it was more important to include
this definition than the definition of “disability”. Other members were of the
view that a definition of this term was not necessary.
6. This
definition is addressed in draft article 7 on equality and non-discrimination.
The Ad Hoc Committee may wish to consider the best placement for this definition.
7. Some
delegations were of the view that the separate draft articles of the Convention
specified that language included sign language, and questioned the need for
that definition in the present article. Others expressed the view that the definition
was needed.
8. The
definition of this concept was not discussed beyond the definition that is included
in draft article 7, although the Working Group considered it necessary to include
it.
9. These
definitions were not discussed, but the Working Group considered that they would
be useful.