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Article 30 - Participation in cultural life, recreation, leisure and sport
Background Documents | Article 30 Background
Seventh Session | Sixth Session | Fourth Session | Third Session
Working Group | References
Sixth Session
Governments
Non-governmental organizations
International Disability Caucus
Comments, proposals and amendments submitted electronically
Governments
Statement:
1. Canada recognizes that participation in cultural, recreational and physical
activities is an integral aspect of all stages of life, and ensuring that
persons with disabilities can participate in such activities is an important
part of how States can facilitate their full inclusion in society. Persons
with disabilities can both benefit from and contribute to participation
in cultural, recreational and sporting life and physical activities.
2. In Canada’s view, the article should be drafted on a principled basis,
ensuring that the language is not only relevant in today’s world but also
is adaptable to future technological and other developments. As such, references
to specific technologies and formats should be eliminated and the right
should be captured in the concept of ensuring access such that the article
remains alive for future generations.
$ Canada strongly supports the principle that all persons with disabilities
should be able to enjoy cultural rights without discrimination and on a
basis of equality, and be fully included in the cultural life of the larger
community.
$ Canada also believes that persons with disabilities should be able to
fully enjoy their rights to participate in the cultural life of minorities
to which they belong.
$ In Canada’s view, these two fundamental principles should be stated in
the broadest terms, consistent with international human rights law, in order
to allow for interpretation and adaptation to future circumstances.
$ Canada would therefore propose that the first paragraph of article 24
be revised (based on article 15 of the International Covenant on Economic
Social and Cultural Rights) to read:
$ “(1) States Parties shall take effective measures to eliminate discrimination
in order to ensure the full and equal enjoyment by all persons with disabilities
of the right to take part in cultural life on a basis of equality.”
$ The second aspect of the right to culture is brought up in part by the
reference to persons who are deaf. Canada agrees with the EU and Australia
that we should avoid referring to specific groups but rather use general
terms capable of adaptation to changing circumstances.
$ Canada believes that all persons with disabilities who belong to ethnic,
religious, or linguistic minorities have an equal right to enjoy their own
culture, to profess and practice their own religion, and to use their own
language in community with the other members of their group. We therefore
would propose to add this important principle to this article as the second
paragraph, based on Article 27 of the ICCPR, as follows:
$ “(2) Persons with disabilities belonging to ethnic, religious, or linguistic
minorities shall not be denied the equal right, in community with the other
members of their group, to enjoy their own culture, to profess and practise
their own religion, or to use their own language.”
$ Such a general provision would cover the concerns of specific groups of
persons with disabilities.
$ Canada would then provide for a general obligation on States Parties to
ensure that persons with disabilities can access all aspects of the cultural
life of the community.
$ Canada agrees with other delegations that specific aspects of accessibility
issues, including public facilities, cultural facilities, monuments, historic
sites, and transportation issues, would be better addressed in article 19.
In this regard, Canada supports the EU’s proposals to streamline the subparagraphs
in more general language, and would suggest that these elements be added
to article 19.
$ In Canada’s view, raising awareness and combatting stereotypes are better
dealt with in article 5, and issues of international cooperation are being
considered under 24bis.
$ While leisure, recreation, and sport can be viewed as aspects of culture,
Canada would support those delegations that have proposed addressing these
issues in a separate article, so as not to detract from the generality of
cultural rights and to place importance on all of these issues.
$ Canada recognizes the importance of physical activity, and agrees with
the IDC that this concept is covered under the terms sport, recreation and
leisure.
$ In the provisions on sport, recreation, and leisure, Canada would support
separate provisions addressing the participation of persons with disabilities
in integrated activities, as well as in activities that are specific to
persons with disabilities.
$ Canada believes that competitions such as the Paralympic Games, the Special
Olympics World Games, and the Deaflympics offer persons with disabilities
a valuable opportunity to compete in high-performance sporting events. At
the same time, Canada favours creating an environment in which persons with
disabilities are encouraged to complete in other mainstream events if they
so choose.
$ Canada would also support the proposals of the IDC on separate sub-paras
a and b on recreation, leisure and sport.
$ In respect of children, Canada would also support a specific reference
to the right to play, and the importance of the inclusion of children with
disabilities into play activities as part of a commitment to early childhood
development. This right is recognized as being separate from sport, recreation,
and leisure.
* In respect of the incorporation of religion into an article dealing with
culture, we support the statements of the EU, Australia, New Zealand and
others.
European
Union Proposal Draft Article 24
1. States Parties recognise the right of all persons with disabilities to
social security, including social insurance, and to the enjoyment of that
right without discrimination on the basis of disability, and shall take
appropriate steps to safeguard and promote the realisation of this right,
including measures to:
(a) ensure access by persons with disabilities to necessary services, devices
and other assistance for disability related needs;
EU Proposal: Replace “necessary” with “appropriate”.
(b) ensure access by persons with disabilities. particularly women and girls
with disabilities and the aged with disabilities, to social security programmes
and poverty reduction strategies, and to take into account the needs and
perspectives of persons with disabilities in all such programmes and strategies;
EU Proposal: Delete “particularly women and girls with disabilities
and the aged with disabilities”.
(c) ensure access by persons with severe and multiple disabilities, and
their families, living in situations of poverty to assistance from the State
to cover disability related expenses, (including adequate training, counseling,
financial assistance and respite care), which should not become a disincentive
to develop themselves;
EU Proposal: Replace “to cover” with “with”. Delete “…(including
adequate training, counseling, financial assistance and respite care), which
should not become a disincentive to develop themselves;”
(d) ensure access by persons with disabilities to governmental housing programs,
including through earmarking percentages of governmental housing for persons
with disabilities;
EU Proposal: Delete “governmental” and insert “public” Delete
“including through earmarking percentages of governmental housing for persons
with disabilities”.
(e) ensure access by persons with disabilities to tax exemptions and tax
benefits in respect of their income;
EU Proposal: Delete
(f) ensure that persons with disabilities are able to access life and health
insurance without discrimination on the basis of disability.
EU Proposal: Reword “enable persons with disabilities to have access
to life and health insurance-based services based on objective criteria”
Renumber as (e).
2. States Parties recognise the right of all persons with disabilities to
an adequate standard of living for themselves and their families, including
adequate food, clothing, housing and access to clean water, and to the continuous
improvement of living conditions, and will undertake appropriate steps to
safeguard and promote the realisation of this right.
EU Proposal: Insert “and” between “clothing” and “housing”
and delete “and access to clean water.” Replace “will” with “shall” and
delete “safeguard and promote” after “steps to” and insert “ensure”. Include
“without discrimination on the basis of disability.” at the end of the sentence.
Add new sentence as follows: “States Parties shall ensure that persons with
disabilities have access to clean water on equal basis with others.”.
Now Reads:
States Parties recognise the right of all persons with disabilities to an
adequate standard of living for themselves and their families, including
adequate food, clothing and housing, and to the continuous improvement of
living conditions, and shall take appropriate steps to ensure the realisation
of this right without discrimination on the basis of disability. States
Parties shall ensure that persons with disabilities have access to clean
water on equal basis with others.
Article 24:
replace 4(b) with:
Ensure that persons with disabilities have an opportunity to organize, develop,
and participate in disability-specific recreational, leisure and sporting
activities and to receive necessary and appropriate instruction, training
and resources available to other participants.
seprate 4(c) into two clauses:
Ensure that persons with disabilities have full access to transportation,
accomodations, and venues, for recreation, leisure and sport activities,
including tourist attractions.
Then 4(cbis) would be:
Ensure that children with disabilities have equal access to participating
in play, recreation, leisure and sporting activities, including those in
the school system.
Propose 4(e):
Develop and promote the international exchange of recreation, leisure and
sport related technologies and goods for persons with disabilities.
NZ Proposals
for Article 24
1. States Parties shall recognise the right of all persons with disabilities
to take part on an equal basis with others in cultural life, including
in artistic, recreational, leisure and sporting activities, and to
this end shall take all appropriate measures to ensure that persons
with disabilities:
a. have the opportunity to develop and utilise their creative, artistic,
intellectual and physical potential not only for their own benefit
but also for the enrichment of their community;
b. enjoy access to literature and other cultural materials in
a variety of media and formats, and to all forms of cultural and artistic
expression all accessible formats, including in electronic text,
sign language and Braille, and in audio and multi-media formats;
b (bis) participate in artistic, recreational, leisure and sporting activities
designed for the general population, as well as in activities designed for
persons with disabilities, at local, regional, national and international
levels;
b (ter) receive instruction, training and resources for the pursuit
of artistic recreational, leisure and sporting activities.
(b bis and ter incorporate some content of 24.1c and d, and 24.4a and
b)
c. enjoy access to television programmes, films, theatre, and other cultural
activities, in all accessible formats, including captioning and sign language;
d. enjoy access to places for cultural performances or services, such as
theatres, museums, cinemas, libraries and the hospitality industry, and,
as far as possible, enjoy access to monuments and sites of national cultural
importance.
2. 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.
3. Persons who are deaf 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.
3 (bis) States Parties shall encourage measures for participation by
persons with disabilities in the religious life of their communities on
an equal basis with others
4. DELETE PARAGRAPH 4
Non-governmental organizations
INTERNATIONAL DISABILITY CAUCUS
- Draft proposal
1. States Parties recognise the right of all persons with disabilities to
take part in cultural life, and shall take all appropriate measures to ensure
that persons with disabilities:
(a) have the opportunity to develop, exercise and utilise their creative,
artistic and intellectual potential, not only for their own benefit, but
also for the enrichment of their community and society as a whole;
(b) (enjoy access to literature and other cultural materials in all accessible
formats, including in electronic text, sign language and Braille, and in
audio and multi-media formats;)
(c) HAVE (enjoy) access to television programmes, films, LITERATURE AND
OTHER CULTURAL MATERIALS including copyrighted recordings and publicly available
archives and other cultural services in all FORMATS (access) required (ments)
BY (of) persons with disabilities, including, but not limited to audio description,
captioning and sign language, ELECTRONIC TEXT, IN AUDIO AND MULTI-MEDIA
FORMATS for people with DISABILITIES; (sensory impairments;)
(d) CAN enjoy (access to) cultural performances or activities, such as theatres,
museums, cinemas, (mobile) libraries INCLUDING MOBILE LIBRARIES and the
hospitality industry, and, as far as possible, enjoy access to monuments
and sites of national cultural importance;
2. States Parties shall take all appropriate steps to ensure that laws protecting
artistic property rights do not constitute an unreasonable or discriminatory
barrier to access by persons with disabilities to cultural materials.
3. Persons with disabilities, including Persons who are deaf, deafblind
and indigenous people shall be entitled, on an equal basis with others,
to recognition and support of their specific cultural and/or linguistic
identity.
4. States parties recognize the fundamental right of persons with disabilities
to the freedom of thought, conscience and to religious and spiritual practice
of their choice. To that end, State Parties shall take all appropriate measures
to ensure that persons with disabilities, including those from indigenous
and minority groups have the opportunity to:
(a) Enjoy the opportunity to develop their spirituality and practice their
faith;
(b) Have access to houses of worship, shrines and sites of spiritual and
religious importance;
(c) Can belong to a community of believers and participate fully in the
life of the congregation and in the rites and ceremonies that are part of
worship, and can establish connections with others of like spiritual beliefs
and participate with them in spiritual practices.;
(d) Have access to appropriate spiritual opportunities and religious education
and receive instruction in the format and language that best suits their
needs;
(e) Be protected from religious abuse, exploitation and coercion.
Draft Text (separate)
Article 24 Participation in Sport, Recreation and Leisure
1. State parties recognize the rights of all persons with disabilities,
on an equitable basis with others, to participate in play, recreation, sporting
and leisure activities, to achieve the full development of their physical
capacities.
Better formulation and no change of texts at all:
1. State parties recognize that persons with disabilities have the right
to participate in play, recreation, sporting and leisure activities, to
achieve the full development of their physical capacities, on an equitable
basis with others. TO THAT END STATE PARTIES SHALL:
(a) Ensure and promote the participation, to the fullest extent possible,
of persons with disabilities in mainstream recreational, leisure, and sporting
activities at local, regional, national, and international levels.
(b) Ensure that persons with disabilities have an opportunity to organize,
develop and participate in disability-specific recreational, leisure and
sporting activities and to receive the appropriate instruction, training,
and resources in support.
(c) Ensure that persons with disabilities have full access to transportation,
accommodations, facilities and venues, for recreation, leisure and sport
activities, including tourist attractions.
(d) (c bis) Ensure that children with disabilities have equal access to
participating in play, recreation, leisure and sporting activities, including
those in the educational system.
(e) d) Ensure that persons with disabilities have equal access to services
from those organizations involved in recreation, sport and leisure activities.
(f) (d bis) Encourage and promote education and professional training that
supports the inclusion of people with disabilities in recreation, leisure
and sport.
(g) (e) Encourage all forms of media to provide equitable coverage of disability
sport, recreation and leisure to the public.
(h) (d tris) Ensure equitable access to PUBLIC AND PRIVATE FUNDING and promote
the development of (government and private) funding for persons with disabilities
in, recreation and leisure sport activities; (and organization)
(i) ENSURE THAT PERSONS WITH DISABILITIES HAVE THE RIGHT TO PARTICIPATE
IN AN ORGANISATION OF THEIR CHOICE;
(j) Ensure that women with disabilities, and (those) groups subject to multiple
forms of discrimination, enjoy full access to recreational, leisure and
sport activities;
(k) Develop and promote the international exchange of sport, recreation
and leisure related technologies and goods for persons with disabilities.
- Information sheet
During the third session, State Parties broadened the scope of article 24
(4), Participation in Sport, Recreation and Leisure to reflect the considerable
impact this article will have on many sectors of societies. In this information
sheet you will find an explanation of our key concerns, in sequential order,
with reference to text suggestions.
Recognize & Clarify Mainstream v. Disability-Specific in Clause
(a) & (b)
The term ‘mainstream’ acts as an umbrella term that includes and extends
beyond the scope of the term ‘integrated’. ‘Mainstream’ is the recommended
term to be used as the basis for clause (a). The term ‘disability-specific’
activities refer to require protections unique from ‘mainstream’ and thus
separate and exact mention is due in clause (b). It is necessary to address
both concepts, in separate clauses, in order to guarantee clarity and that
appropriate protection is extended to both disability-specific and mainstream
realms.
Suggested Text Clause (a): “Ensure and promote the participation, to the
fullest extent possible, of persons with disabilities in mainstream recreation,
leisure and sporting activities t the local, regional, national and international
level”
Suggested Text Clause (b): “Ensure that persons with disabilities have an
opportunity to organize, develop, and participate in disability-specific
recreation, leisure, and sport activities and to receive the appropriate
instruction, training and resources in support.
Separate and Clarify Clause (c) to Reflect the Two Differing Rights
Clause (c) references two separate, yet equally important rights. The first,
access to transportation ect… is exceptionally distinct from the rights
of children with disabilities.
For clause (c), in addition to transportation, accommodation and venues,
it is necessary and appropriate to include persons with disabilities right
to access tourist attractions. Please see under the heading Tourism for
more explanation of the insertion of ‘tourism’ and ‘tourist attraction’
to Article 24 that follows this suggested text. Please also note the addition
of ‘play’ and the explanation for its insertion.
1. Access to transportation, accommodations, and venues including tourist
attractions.
Suggested Text: “Ensure that persons with disabilities have full access
to transportation, accommodations, and venues, for recreation, leisure and
sport activities, including tourist attractions
2. Children’s Rights- Urgently recommend the inclusion of ‘play’ for children.
Suggested Text: “Ensure that children with disabilities have equal access
to participating in play, recreation, leisure and sporting activities, including
those in the school system.
The Right To Play
‘Play’ is a separate level of activity from sport, recreation and leisure
and should be addressed within the Article 24. This has been recognized
in the United Nations Convention on the Rights of the Child, Article 31,
which differentiates play from leisure and other physical activity. Play
is principally used when in reference to children and young people and may
be defined as:
“Play, especially among children, is any physical activity that is fun and
participatory.” United Nations Inter-Agency Task Force on Sport Development
and Peace, 2004
Play is an essential element to a child’s development in socialization,
language learning, physical coordination and dexterity. It can be used to
promote health education, basic education skills, and human rights awareness
and must be protected with the Convention for people with disabilities.
Tourism
Language that included “Tourism” was introduced by both Costa Rica and Israel
with the phrase “including tourism” in the main, or introductory clause,
and again by inserting “tourism” in clause (d). Clause (d) is intended to
highlight the necessary services that enable the development and sustainability
of recreation, sport, and leisure that considers the necessary accommodations
for people with disability to participate.
Tourism, as it relates to leisure, is a multi-billion dollar global industry,
that dictates trends, not only in how the world perceives people and culture,
but also in transportation, international trade and the global economy as
a whole. Leisure- one of the lesser-discussed rights covered in this Article,
is for many people, time off from work or vacation. That means travel- either
to see family and friends or see new far away places. It is no different
for people with disabilities, however for us, travel can be a daunting experience,
full of more than the average frustration.
The most notable mention of tourism, and tourist attractions is in clause
(c). The beginning of clause (c) deals with access to venues, both sporting
and recreational, but does not include leisure. Hence, we have suggested
text that builds upon Costa Rica’s insertion of (c bis) which reads,
“ Ensure that persons with disabilities have access and can enjoy touristic
attractions.”
We have recommended:
Suggested Text: “ Ensure that persons with disabilities have full access
to transportation, accommodations, facilities and venues, for recreation,
sport, and leisure, including tourist attractions.”
Recognition of Women & Groups Subject to Multiple Forms of Discrimination
Often, even in the few cases in which people with disabilities are appropriately
recognized in policy decisions, vulnerable groups within the disability
community--such as women, children, refugees, and persons with mental disabilities
are not referenced. Specific mention of these special populations within
disability must be made in order to guarantee that the sporting provisions
are applied to them with equal force. The Special Rapporteur’s second final
report (E/CN.5/2000/3, annex) paragraph 119, articulates the need for this
particular emphasis when he states,
“Some dimensions of disability policy have not been treated sufficiently.
This is true concerning children with disabilities, in the gender dimension
and for certain groups, mainly persons with developmental and psychiatric
disabilities... Disabled persons in refugee or emergency situations are
other areas that have not been dealt with." 38.
Women with disabilities often face a double discrimination, which is only
exacerbated in the context of sport where women are traditionally excluded.
The importance of extending sporting opportunities to women has already
been recognized at the international level (See UN Inter-Agency Task Force
on Sport for Development and Peace, 8-9 (2003), Convention on the Elimination
of Discrimination Against Women (CEDAW), Article 10 (g)). For war torn populations,
sport has also played a vital role in the stabilization process. For refugees,
who live with the devastating physical and psychological trauma of war and
displacement, sport offers a therapeutic psychosocial outlet. Sports and
recreation programs serve as a means for constructive socialization, combating
boredom and enabling refugees with new disabilities to congregate and share
their experiences with one another
Promoting the Training and Education of Professionals
Adapting recreation, leisure, and sport for people with disabilities often
requires education and training of the coaches, volunteers, and professionals
involved that is different than that for able-bodied athletes. This includes
knowledge of adapting the sport to the differing abilities the coach or
trainer is targeting as well as how to be inclusive of individuals with
various disabilities such as intellectual and hearing disabilities.
Suggested Text: “Encourage and promote education and professional training
that supports the inclusion of people with disabilities in recreation, leisure
and sports.
- Quick reference
Northeastern University, Center for the Study of Sport in Society 2005
• RIGHT TO PLAY (24(4)(c))
Children’s right to play should be specifically protected in clause (c)
because play is defined separately from sport, recreation, and leisure in
other international policy documents relating to children including the
UN Task Force Report on Sport for Development and the UN Convention on the
Rights of the Child.
• MAINSTREAM, INTEGRATED, and DISABILITY- SPECIFIC ACTIVITIES (24(4)(a),(b))
Mainstream is an umbrella term that encompasses both integrated and disability-specific
activities. The use of ‘mainstream’ in clause (a), and ‘disability specific’
in clause (b) will ensure the most comprehensive protection is extended
to people with disabilities participating in every realm of physical activity.
• RECOGNITION OF SPECIAL POPULATIONS (24(4)(e), (c))
Specific mention of ‘vulnerable populations’, such as women, children, and
refugees, must be made in order to guarantee that the sporting provisions
are applied to them with equal force.
• TOURISM (24(4)(c))
Tourism was appropriately recognized by delegates as a leisure activity.
Specific mention should be made in clause (c).
• CLEAR, CONCISE CLAUSES (all clauses)
Clarity can be achieved by utilizing one theme per clause. It is necessary
to break clause (c) into two clauses: one representing children’s right
to participate in physical activities including those in the educational
setting and the second to represent the right of all individuals access
to sport, recreation, and leisure venues.
• UNIFORM USE OF LANGUAGE (24(4)(a),(b),(c), (e))
It is important that all three forms of physical activity - sport, recreation,
and leisure – are used throughout the text.
• EXCHANGE OF GOODS AND TECHNOLOGY (24(4)(e))
During the 3rd Ad Hoc session Columbia recognized that one of the greatest
barriers for individuals with disabilities to participate in physical activities
was a lack of adaptive equipment and technology. It is important to have
governments encourage the import and exchange of such goods and technologies.