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UN Programme on Disability   Working for full participation and equality

 

Article 30 - Participation in cultural life, recreation, leisure and sport
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Sixth Session

 

 

Consolidation of proposals submitted by the Facilitator

As of 12 August 2005
Facilitatorís draft
Article 24 - Participation in cultural life, recreation, leisure and sport


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

(a) Have the opportunity to develop and utilize their creative, artistic and intellectual 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 all accessible formats;

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

(d) Enjoy access to places for cultural performances or services including tourist sites.


Facilitatorís note:
(1) It might be possible to merge (B) and (C) if the content is well kept.
(2) Long lists of examples were taken out provided that they must be mentioned some where in the convention, such as article 13 and 19.
(3) It is still not clear whether (a) should stand on its own as 1 bis. More consultation is needed.


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


Facilitatorís note:
(1) More investigation is needed to choose between intellectual property rights or copyright, taking into account the best interest of PWDs.

 


3. Persons with disabilities belonging to ethnic, religious or linguistic minorities or indigenous groups shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity, including deaf cultures and sign languages.



Facilitatorís note:
(1) Additional text on religion may not be suitable here since it is not about freedom of religion, but more about discriminatory practice against persons on the basis of his/her disability.


4. States Parties recognize the right of persons with disabilities, on an equal basis with others, to participate in recreational, leisure and sporting activities and 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 local, regional, national and international levels;

(b) Ensure that persons with disabilities have an opportunity to organize and participate in disability-specific sporting activities and to receive instruction, training and resources in support that is available to other participants;

(c) Ensure that children with disabilities enjoy the right to play and have access to participating in leisure, recreational and sporting activities on an equal basis with others, including within the education system;

(d) Ensure that persons with disabilities have access to sporting and recreational venues and services from those involved in the organization of recreational, leisure and sporting activities.



Facilitatorís note:

(1) More consultation is needed to decide whether this whole paragraph should stand on its own as an article.

(2) Further investigation is needed to determine whether the Mexican Delegationís proposed paragraph 5 should be part of cultural life or part of sporting activities or should stand on its own.

Mexicoís proposal: 5. Promote that persons with disability have access to services from those involved in the tourism industry.

 

 

 

 


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