 |
 |
|
|
|
|
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
Draft article 24
131. There was unanimous support for this article and many valuable proposals
to strengthen it need to be reflected on further.
132. There was general support to deal with the issues of participation
in leisure, sport and recreation, and participation in cultural life separately,
but both in the same article.
133. There was general support to include a number of proposals to broaden
the scope of the article. These included tourism, and the right of children
with disabilities to play.
134. There was a proposal to include a provision on participation in religious
life in draft article 24 or elsewhere in the text. The general feeling of
the room, however, was not to include such a provision in this article.
Paragraph 1 Chapeau
135. There was general support to include the phrase “on an equal basis
with others” within the chapeau of paragraph 1, so that it now reads:
1. States Parties recognise the right of all 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:
Sub-paragraph (a)
136. There was general support to replace the word “community” with “society”
in the paragraph. There was general agreement that this sub paragraph is
about enjoyment of a right, rather than being a measure to implement a right.
There was general agreement, therefore, to a proposal to make the paragraph
1 bis rather than 1 (a).
137. It now reads:
1bis. States Parties shall also 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 benefit, but also
for the enrichment of society.
Sub-paragraphs (b), (c) and (d)
138. There was general support to shorten these sub paragraphs and to include
text related to tourism. They now read:
(b) enjoy access to 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, such as
theatres, museums, cinemas, libraries and the tourism services, and, as
far as possible, enjoy access to monuments and sites of national cultural
importance;
Paragraph 2
139. A proposal to replace “intellectual property rights” with “copyright”
received strong support, but there was no general agreement.
140. The text now reads:
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.
Paragraph 3
141. There was no agreement on this paragraph, with some delegations proposing
to delete it, and others proposing to retain it.
142. A compromise formula was proposed that gained support from those who
supported retention of the paragraph. That proposal reads:
3. 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.
Paragraph 4 chapeau
143. There was general support to amend the chapeau to make it clear that
the paragraph does not refer to an existing right to participate in sport
and leisure activities. It now reads:
4. 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:
Sub-paragraphs (a), (b), (c) and (d)
144. Some delegations proposed to remove the word “mainstream” from sub
paragraph (a) so that disability specific activities would not be ruled
out. Others thought, however, that because an overall aim of the convention
is the inclusion of persons with disabilities in the mainstream, the deletion
would not be appropriate. An alternative approach was suggested to include
a reference to these disability specific activities in sub paragraph (b).
145. There was general support for inclusion of the concept of participation
at local or municipal levels.
146. The paragraphs currently read:
(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 encourage the provision of appropriate instruction, training
and resources in support that is available to other participants;
(c) ensure that persons with disabilities have access to sporting and recreational
and tourism venues , and that persons with disabilities have equal access
to participating in sporting activities within the education system;
(cbis) children with disabilities have equal access to participation in
play, recreation, and leisure and sporting activities, including those in
the school system
(d) ensure that persons with disabilities have access to services from those
involved in the organisation of recreational, tourism, leisure and sporting
activities.
147. The draft article was referred to the facilitator (Monthian Buntan,
Thailand) for further discussion.