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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
As of 12
August 2005
Facilitator’s 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.
Facilitator’s 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].
Facilitator’s 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.
Facilitator’s 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.
Facilitator’s 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 Delegation’s
proposed paragraph 5 should be part of cultural life or part of sporting
activities or should stand on its own.
Mexico’s proposal: 5. Promote that persons with disability have access to
services from those involved in the tourism industry.