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UN Programme on Disability   Working for full participation and equality

 

 

Article 30 - Participation in cultural life, recreation, leisure and sport
Background Documents | Article 30 Background
Seventh Session | Sixth Session | Fourth Session | Third Session
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Seventh Session

 

 

Comments, proposals and amendments submitted electronically


Governments

Canada

European Union

Kenya

Non-governmental organizations

International Disability Caucus

International Disability Convention Solidarity in Korea

Japan Disability Forum

People with Disability Australia

 

 

Comments, proposals and amendments submitted electronically

Governments


CANADA

Art.30 (1):

"States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take [DEL all] appropriate measures [DEL to ensure that] TO PROMOTE ACCESS FOR PERSONS WITH DISABILITIES TO ENJOY:

(a) [DEL Enjoy access to] Cultural materials in all accessible formats;

(b) [DEL Enjoy access to] Television programmes, films, theatre, and other cultural activities, in all accessible formats;

(c) [DEL Enjoy access to places for ] cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, [DEL enjoy access] monuments and sites of national cultural importance.

Art.30 (3):


"WHEN TAKING APPROPRIATE MEASURES UNDER PARAGRAPH (1), States Parties shall [DEL take all appropriate steps to] ensure that laws protecting [intellectual property rights] [copyright and related rights] do not constitute [DEL an unreasonable or] A discriminatory barrier to access by persons with disabilities [DEL to cultural materials] while respecting the provisions of international law."

 

 

 


EUROPEAN UNION

Article 30

EU Proposal: The EU can accept the text of this article.

1. States Parties recognise the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:

(a) enjoy access to cultural materials in all accessible formats;

(b) enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats;

(c) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. 

3. States Parties shall take all appropriate steps to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials, while respecting the provisions of international law.

4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

5. With a view to enabling persons with disabilities to participate on an equal basis as others in recreational, leisure and sporting activities, States Parties shall take appropriate measures to:

(a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting activities at all levels;

(b) ensure that persons with disabilities have an opportunity to organise, develop and participate in disability-specific sporting and recreational activities, and to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;

(c) ensure that persons with disabilities have access to sporting and recreational and tourism venues;

(d) ensure that children with disabilities have equal access to participation in play, recreation, and leisure and sporting activities, including those in the school system;

(e) ensure that persons with disabilities have access to services from those involved in the organisation of recreational, tourism, leisure and sporting activities.

 

 


KENYA

Article 30

1. States Parties recognise the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:

(a) enjoy access to cultural materials in all accessible formats;

(b) enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats;

(c) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. 

3. States Parties shall take all appropriate steps to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials,. While respecting the provisions of international law

4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

5. With a view to enabling persons with disabilities to participate on an equal basis as others in recreational leisure and sporting activities, States Parties shall take appropriate measures to:

(a) encourage and promote the participation to the fullest extent possible of persons with disabilities in mainstream sporting activities at all levels;

(b) ensure that persons with disabilities have an opportunity to organise, develop and participate in disability-specific sporting and recreational activities, and to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;

(c) ensure that persons with disabilities have access to sporting and recreational and tourism venues;

(d) ensure that children with disabilities have equal access to participation in play, recreation and leisure and sporting activities, including those in the school system;

(e) ensure that persons with disabilities have access to services from those involved in the organisation of recreational, tourism leisure and sporting activities.

 

 



Non-governmental organizations

INTERNATIONAL DISABILITY CAUCUS

Chairman’s text as amended by the IDC
Article 30

1. States Parties recognise the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities:

(a) enjoy access to cultural materials in all accessible formats;

(b) enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats; (ADD: “and languages including, but not limited to audio description, captioning and sign language, electronic text, in audio and multi-media formats”)

(c) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.

2. States Parties shall take appropriate measures to enable persons with disabilities to have the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of society. 

3. (DELETE WHOLE PARAGRAPH  “3. States Parties shall take all appropriate steps to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials, while respecting the provisions of international law.”

(JUSTIFICATION: IDC proposes to have this paragraph in article 9 on accessibility)

4. Persons with disabilities shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including sign languages and deaf culture.

(NEW Bis 4. “States Parties recognise the right of indigenous persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that indigenous persons with disabilities have the same cultural rights and  access as non disabled indigenous people to their cultural and spiritual activities and practices”)

5. With a view to enabling persons with disabilities to participate on an equal basis as others in recreational, leisure and sporting activities, States Parties shall take appropriate measures to:

(a) encourage and promote the participation, to the fullest extent possible, of persons with disabilities in mainstream sporting (ADD” recreational and leisure”) activities at all levels;

(JUSTIFICATION: People with disabilities are fighting to be included in mainstream physical activities, not just at the sporting level, but also at the recreational and leisure levels.  It is important that we specifically extend the important protections found in clause (a) to these types of recreational and leisure activities.)

(b) ensure that persons with disabilities have an (ADD “equal”) opportunity to organise, develop and participate in disability-specific sporting and recreational activities, and to this end, encourage the provision, on an equal basis with others, of appropriate instruction, training and resources;

(JUSTIFICATION: “Opportunity” must be qualified.  The type, or degree, of opportunity to organize, develop and participate must be qualified with the word “equal.”  Opportunity can infer many different levels of participation, organization and development.  In order to guarantee that opportunity is not construed too narrowly, we must insert ‘equal’ before ‘opportunity.’
At a minimum, it could mean allowing wheelchair athletes access to a muddied field where accessible transportation does not reach and their chairs cannot traverse.)

(c) ensure that persons with disabilities have (ADD “full”) access to sporting (ADD: “leisure”) and recreational and tourism venues;

(JUSTIFICATION: “Access” must be qualified.  The term ‘access’ must be qualified by inserting the word “full” before ‘access.’  By doing this, we are guaranteeing that people with disabilities not only gain the right to set foot in the door, but also the right to enjoying all of the venue’s services and views.
Access to Leisure Venues.  This clause omits special protection for leisure venue access.  Without specific mention of leisure, people with disabilities run the risk of loosing their right to access places such as public parks.)

(d) ensure that children with disabilities have equal access to participation in play, recreation, and leisure and sporting activities, including those in the school system;

(e) ensure that persons with disabilities have access to services from those involved in the organisation of recreational, tourism, leisure and sporting activities.


 

 

INTERNATIONAL DISABILITY CONVENTION SOLIDARITY IN KOREA

IDCSK fully supports the proposals made by the IDC except only the below.
Article 30

(NEW 2-bis State parties acknowledge the art of and by persons with disabilities as one of genre of art and support the activities of artists with disabilities and DPOs.)

 

 

JAPAN DISABILITY FORUM

Article 30 

Revision:
Delete the phrase “while respecting the provisions of international law.” It is taken for granted to respect international law and there is no necessity to emphasize it in this context.

Comments:

  1. In Paragraph 3, the phrase “laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier” is important and shall be supported.
  2. In Paragraph 4, the referral to cultural and linguistic identity of people with disabilities is also important.  Especially, it is important to Deaf people whose identity is sign language.

 

 

 

PEOPLE WITH DISABILITY AUSTRALIA

Report on National Consultations
Article 30

There was general support for the article and no amendments or revisions to the Chair’s Text are proposed. 

 

 

 

 


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United Nations, 2006
Department of Economic and Social Affairs
Division for Social Policy and Development