Comments, proposals and amendments submitted electronically

Governments

CHILE

ARTICLE 24 – Participation in cultural life, recreation, leisure and sport

N° 1, letter (d) should be modified as follows:

(d) Enjoy access to places which offer presentations or cultural services, such as theaters, museums, cinemas, libraries and hotel industry, and, as far as possible, enjoy access to monuments and sites of natural cultural importance, granting those facilities which allow the enjoyment of these artistic expressions.

Note: Blind persons appreciate through the tactile sense sculpture pieces which can be touched, and with verbal description of those objects which cannot be known in this manner, without the risk of deterioration.

No. 4, letter (c) – replace the phrase “children with disabilities”, in the second line, with “pupils with disabilities”.

Two new letters should be added to no. 4 as follows:

(letter): “Develop the sportive potential of persons with disabilities, promoting sports, massive, competitive, of high performance and age-ranged along all the groups and places of each national territory”.

(letter) “ Promote training in educators and trainers which carry out sports and recreation programmes, for the adequate inclusion and attention of persons with disabilities in those programmes.

COSTA RICA

Draft Article 24
PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT

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 and utilise 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, including in electronic text, sign language and Braille, and in audio and multi media formats;

(c) enjoy access to television programmes, films, theatre, and other cultural activities, in all accessible formats, including captioning and sign language;

(d) have access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and the hospitality industry, and enjoy such performances or services, 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. States Parties recognize that deaf persons living under their jurisdiction are entitled to their own specific cultural and linguistic identity and shall take all appropriate measures to support this right.

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

(b) ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and to receive the appropriate the same instruction, training and resources. in support.that is available to other participants;

(c) ensure that persons with disabilities have access to the physical environment for practicing sporting and recreational activities, including facilities and venues for such practices.

(c bis) Ensure that persons with disabilities have access and can enjoy touristic attractions

(c bis ii) Ensure that children with disabilities have equal access to participating in sporting and recreational activities, including those in the educational system;

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

EUROPEAN UNION

Draft Article 24
PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT

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:

EU Proposal: EU suggests rewording the chapeau by replacing “and shall take all appropriate measures to ensure that persons with disabilities:” with “and shall promote appropriate measures for persons with disabilities to:”.

(a) 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 their community;

(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) 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 shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity.

EU Proposal: EU proposes deletion of paragraph 3.

4. States Parties recognise 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:

EU Proposal: EU proposes “With a view to enabling persons with disabilities to participate on an equal basis as others in recreational, leasure 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 regional, national and international levels;

(b) ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and to receive the same instruction, training and resources in support that is available to other participants;

EU Proposal: EU proposes: “ ensure that persons with disabilities have an opportunity to organise and participate in sporting activities and encourage the provision of appropriate instruction, training and support;”

c. ensure that persons with disabilities have access to sporting and recreational venues, and that children with disabilities have equal access to participation in sporting activities within the education system;

EU Proposal: Delete (c)

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

EU Proposal: Delete (d)

KENYA

Draft Article 24

Participation in Cultural Life, (Religious – Kenya) Recreation, Leisure and Sport

3. bis States Parties recognize the fundamental right of persons with disabilities to practice a religion of their choice and shall take all appropriate measures to ensure that persons with disabilities:

a. enjoy the opportunity to develop their spirituality and practice their faith;

b. have access to houses of worship, shrines and sites of religious importance;

c. can belong to a community of believers and participate fully in the life of the congregation and in the rites, ceremonies and sacraments that are part of worship;

d. have access to appropriate religious education and receive instruction in the format that best suits their needs;

e. will be protected from religious abuse, exploitation and coercion.

MEXICO

Mexican proposal to Article 24.- June 2, 2004

PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE, PHYSICAL CULTURE AND SPORT

1. States Parties recognize 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, and utilize and express 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, including in electronic text, sign language and Braille, and in audio and multi-media formats;

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 hotel industry and services, 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 shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity.

4. States Parties recognize the right of persons with disabilities, on an equal basis with others, in conditions of equity with other persons, to participate in recreational and leisure activities, physical culture and sports 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 physical culture and sports sporting activities at regional, national and international levels;

b. ensure that persons with disabilities have an opportunity to organize and participate in sporting activities and to receive the same instruction, training and resources in support, in conditions of equity with other participants that is available to other participants;

c. ensure that all persons with disabilities have access to sporting and recreational venues, to participate in sporting activities in conditions of equity within then education system, including children with disabilities; and that children with disabilities have equal access to participating in sporting activities with the education system;

d. ensure that persons with disabilities have access to services from those involved in the organization of recreational, and leisure and sporting activities, physical culture and sports.

NEW ZEALAND

Article 24: New Zealand proposals

Participation in cultural life, recreation, leisure and sport

1 States parties shall respect and promote the right of all persons with disabilities to engage in cultural, artistic, recreational and leisure activity.

In order to promote and protect the realisation of this right States Parties 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 on an equal basis to all cultural materials and activities;

(c) Have the opportunity to participate in all cultural, artistic and sporting activities of their choice at local, regional, national and international levels;

(d) Receive on an equal basis to other people instruction, training and resources for the pursuit of all cultural, artistic and sporting activities.

2 As in the Working Group text.

3 As in the working Group text

SOUTH AFRICA

ARTICLE 24:
PARTICIPATION IN CULTURAL, RECREATION, LEISURE AND SPORT

Separate the article and in this regard we propose that the Convention have an ARTICLE 24BIS that would address matters of participation in cultural life.]

We propose that in Para 4 we replace EQUAL with EQUITABLE.

The Para 4 would subsequently read “States Parties recognise the right of persons with disabilities, on an EQUITABLE basis with others, to participate in recreational, leisure and sporting activities TO PROMOTE A HEALTHY LIFESTYLE” (this is a proposed addition which will be given to the secretariat) and shall take appropriate measures to:

a. “ENSURE and promote the FULL participation of persons with disabilities in mainstream sporting activities at CLUB, regional, national and international levels”. We propose the deletion of, [to the fullest extent possible,] in order to recognise the full potential of an individual. Further we are of the view that organised sporting activities should start at a club level and hence propose the addition of the word club. Persons with disabilities will not be able to advance to the regional, national, and international levels without a base from which to develop. We are also of the view that the word encourage is weak and open to abuse in this context. Hence we propose a substitution of the word “ENCOURAGE” with

“ENSURE”.

b. Amendment to sub Para 4 (b) to read “ensure that persons with disabilities have an opportunity to organise and participate in sporting, recreational and leisure activities and to receive equitable and relevant instruction, training and resources in support. We propose a deletion of the term “the same”. We are also proposing the deletion of”that is available to other participants”. We are of the view that this statement is redundant.

c. Sub Para 4 (c) we wish to propose that it reads as “ensure that persons with disabilities have access to sporting recreational and leisure facilities. We propose the moving of [and that children with disabilities have equal access to participating in sporting activities with the education system]; The last part of sub Para 4 ( c ) should be MOVED to the ARTICLE 17 on Education. My delegation has also included the term leisure.

d. Sub para 4 (d) to read “Ensure that persons with disabilities have EQUAL access to services from those involved in the organisation of recreational, leisure and sporting activities”.

e. Propose Sub Para 4 (d) bis. Hence sub Para 4 (d) bis will read “ensure equitable access to government and private funding for PWDs to facilitate full participation in sporting, recreational and leisure activities and organisation.

f. New addition of sub Para 4 (d bis) bis and it reads “encourage all public media to give appropriate and equitable coverage of the achievements of persons with disabilities in sports, recreational and leisure activities as well as of the availability of such activities to all PWDs

UN System organizations

OHCHR

See references to international human rights conventions and jurisprudence.

National Human Rights Institutions

NATIONAL HUMAN RIGHTS INSTITUTIONS

Article 24

The National Human Rights Institutions would see merit in splitting Article 24 into two separate Articles dealing respectively with cultural life on the one hand and recreation, leisure and sport on the other. We consider that the present close association of these separate rights in a single Article does not lay sufficient emphasis on the right to cultural life.

The National Institutions would also emphasize the importance of retaining paragraph 3, recognizing and supporting the specific cultural and linguistic identity of persons who are deaf (or deaf blind)

ONTARIO HUMAN RIGHTS COMMISSION

Article 24 - Participation in cultural life, recreation, leisure and sport

1.(c) Enjoy access to television programmes, films, theatre and other cultural activities, in all accessible formats, including captioning and sign language

1.(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.

The Commission is supportive of this draft Article.

In relevance to paragraphs 1(c) and (d), the Commission has made recommendations to government on the issue of captioning in theatres in two of its reports: Submission of the Ontario Human Rights Commission Concerning Barrier-Free Access Requirements in the Ontario Building Code; and, Submission of the Ontario Human Rights Commission to the Ministry of Citizenship and Immigration Regarding the Consultations to Strengthen the Ontarians with Disabilities Act.

There is case law relevant to subparagraph 1(c). In the decision of Vlug v. Canadian Broadcasting Corp.,20 the Canadian Human Rights Tribunal ruled that the CBC discriminated against Henry Vlug, who is deaf, by failing to provide captioning of all of its programming.

The decision of the Human Rights Tribunal of Ontario (then Board of Inquiry) in Turnbull v. Famous Players Inc. (2001), 40 C.H.R.R. D/333 (Ont. Bd.Inq.) has relevance for subparagraph 1(d). The Tribunal found that the movie theatre chain discriminated based on disability by having theatres that were inaccessible to wheelchair users or which barred admission to wheelchair users because they did not have appropriate facilities for them. The Tribunal also found that the theatre chain could not make out a defence of undue hardship and ordered the chain to make the theatres accessible within two years.

3. Persons who are deaf shall be entitled, on an equal basis with others, to recognition and support of their specific cultural and linguistic identity.
Similar to the Commission’s comment under draft Article 13 above regarding the diversity of deaf individuals, the Commission suggests that this provision be specifically directed to persons who are Deaf and who identify themselves with the Deaf culture/community and use sign language as their preferred mode of communication.

Non-governmental organizations

AUSTRALIAN NGOs

Draft Article 24

Mr Chairman:

Thank you for the opportunity to address the Ad Hoc Committee.

We strongly applaud the terms of this article.

It is important that the removal of barriers to information constituted by intellectual property law (including copyright) applies to all information, not just cultural information. It may therefore be preferable for this issue to be dealt with comprehensively in paragraph 2, article 19 “Accessibility.”

It is also important that the word “exhibits” is inserted before the word “monuments” in subparagraph 1(d) to ensure that exhibits within places of

cultural importance are also made accessible to people with disability. We would add the word “throughout” after “to” in the third line of this sub-paragraph to make it clear that all aspects of the interior of monuments and other sites of cultural significance are to be made accessible as far as possible.

In relation to sub-paragraph 4(b), we agree with the Landmine Survivors Network that the word “necessary” should replace the word “same” in the second line, as people with disability may require the same or specialised instruction, training and resources in order to participate in mainstream sport.

We recommend that the two elements of sub-paragraph 4(c) are separated into two separate articles, as the current conflation of these separate ideas may give rise to confusion. We also recommend that the words “services and facilities” are added following the word “venues” in the second line to ensure that all aspects of this experience are encompassed.

Finally, we are concerned that there is no reference in this article to sites of religious significance. Many people with disability encounter significant barriers to participation in religion due to the inaccessibility of religious sites. It is important that these sites are specifically encompassed in this article.

EUROPEAN DISABILITY FORUM

Draft Article 24 Participation in cultural life, recreation, leisure and sport

EDF proposes to reword paragraph 1 a of this article as follows: "enjoy access to artistic and cultural practice and benefit of all necessary human and technical assistance and adapted services, 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 their community.”

EDF also proposes to add a reference to audio description to paragraph 1 c.

While the priority should be put on the possibility for disabled people to access and take part in mainstream sport, support should also be provided for special sport activities.

EDF supports the reference made in paragraph (3) and suggests to refer to “persons who are deaf and use sign language”. As mentioned when referring to article 14, not all deaf people are sign language users.

INDIAN NGO CONSULTATIVE MEETING

Draft Article 23

49. Endorse footnote 100 vehemently { i.e. Some members of the Working Group considered that this provision should be strengthened to mention explicitly technical aids to mobility, transfer, auditory or visual perception and other special devices that persons with disabilities require. The Ad Hoc Committee may wish to consider whether this issue is adequately covered in draft Article 20 on Personal Mobility.}

49. It was recommended that the issues related to intellectual property vis-à-vis accessing materials in appropriate formats might be separately and elaborately dealt with.

INTERNATIONAL SAVE THE CHILDREN ALLIANCE

Article 24
Cultural Life, Recreation, Sport and Play

Participation in sport, recreation and leisure is a right and a priority for many disabled children and young people like adults. We wish to emphasise the right to play and the importance to enable children and adults with disabilities to play for the development of the personality, potential and expression on an equal basis with others and without discrimination. We want to recognise the importance of play and sport for the socialization of children, young people and adults with disabilities with their peers. We recommend a paragraph how the right to play and recreation can be met.

Suggested change

Title: Participation in Play, Recreation, Sport and Cultural Life

Suggested additional paragraph

1. States Parties recognise the right of all children and adults with disabilities to play, and shall take all appropriate measures to ensure that persons with disabilities:

a. have the opportunity to develop their personality, potential and expression on an equal basis with others

b. have the opportunity to socialise, make friends and participate in society

c. have access to playgrounds, events and activities on an equal basis with others

d. have the necessary support to initiate and take part in play like others

Suggested change

1->2 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:

2.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, and that such access also extends to literature and cultural materials appropriate for children with disabilities;
2->3; 3->4; 4->5

LANDMINE SURVIVORS NETWORK

DRAFT ARTICLE 24 COMMENTS

Draft Article 24 incorporates many of the elements set forth in the UN Standard Rules, Rule 11, which addresses the State’s responsibilities to ensure that people with disabilities have equal opportunities for recreation and sports. Other specialized conventions have similarly recognized such rights. (Cf., Convention on the Rights of the Child, Article 31) Draft Article 24 usefully covers three separate activities that contribute to physical fitness, mental well-being, and social interaction of people with disabilities. (Cf. UN Inter-Agency Task Force on Sport for Development and Peace)

Draft Article 24, paragraphs (1)-(3), provides coverage of the right to participate in cultural life, drawn extensively from the UN Standard Rules, Rule 10 (Culture). Draft Article 24(3) relates not to cultural life, but the right to culture.

Draft Article 1(a) provides content to the concept of participation in cultural life, which is drawn from UN Standard Rules, Rule 10, para. 1.

Draft Article 24(1)(b) relates to the accessibility of cultural materials via accessible formatting. The Ad Hoc Committee may wish to consider the relationship of this provision to other Draft Articles (e.g. Draft Article 13 (Freedom of Expression and Opinion, and Access to Information), and Draft Article 19 (Accessibility)) and whether its level of specificity is appropriate to meet the objectives of the provision and to ensure relevancy over time.

Draft Article 24(1)(c) relates to accessibility in relation to other cultural media. What remains unclear is the distinction between the concept of access to “cultural materials” in sub-paragraph 1(b) and access to “cultural activities” in sub-paragraph 1(c).

Draft Article 24(1)(d) seems to relate to access to the built or physical environment, although this is not clear.

Draft Article 24(3) addresses a distinctly separate right under international law – the right of minorities, in this case deaf persons, to enjoy their own culture and linguistic identity, and in particular the right to use their own language. The right to use one’s own language entails the freedom to speak one’s own language without interference, a right that has been frequently violated in respect of the deaf community in many countries.

(Cf. Convention on the Rights of the Child, Article 30; International Covenant on Civil and Political Rights, Article 27; Human Rights Committee, General Comment 23, 1994, HRI/GEN/1 Rev. 5, pp. 147-150) Given the distinction between the right to culture and the right to participate in the cultural life of a community, it may be useful to include in the convention a separate article on cultural identity.

Draft Article 24(4) (a) and (b) are complimentary provisions. Paragraph (a) refers to mainstream sporting activities and (b) speaks of the equalization of access to “instruction, training, and resources” needed for meaningful participation in the activities. In (a), the “mainstream sporting activities” may be interpreted as excluding non-mainstream activities, or activities only for and by people with disabilities. The Working Group debates over the meaning are reflected in Footnote 111, and warrant further consideration by the Ad Hoc Committee.

The language in paragraph (b) lacks the expressed goal of disability-specific programs, which should be included in the text. The language should include integrative, as well as disability-specific programming. The term “same” should be replaced by the term “necessary” as this formulation better reflects the varied context within which persons with disabilities participate in sport (again, recognizing disability specific programming). (Cf. UN Standard Rules, Rule 11, para. 4)

Paragraph (4)(c) addresses issues covered in UN Standard Rule 11 (1) and (3). The sub-paragraph merges two issues, namely accessibility and children with disabilities in sporting activities. This conflation makes the subparagraph confusing. The Ad Hoc Committee may wish to consider revision to increase clarity.

The language of paragraph 4 (d), as drafted, is somewhat vague. It would be helpful for the Ad Hoc Committee to specify the nature of the services targeted by this provision. It remains unclear how this sub-paragraph relates to sub-paragraph (b).

The importance of extending sport and recreational opportunities to particularly marginalized sectors of the disability community is reflected by the reference to children with disabilities in Draft Article 24(c), but may usefully be extended to two other groups that are at a comparative disadvantage because of their dual minority statues, namely, women and refugees. The importance of extending sporting activities to these two disadvantaged groups has been recognized by the UN (Cf. UN Inter-Agency Task Force on Sport for Development and Peace, p. 8, 9;

Convention on the Elimination of All Forms of Discrimination Against Women, Article 10(g); UNHCR REFUGEE PROTECTION: A Guide to International Refugee Law, http://www.unhcr.ch/cgi-bin/texis/vtx/home/opendoc.pdf?tbl=MEDIA&id=3d4aba564&page=publ, UNHCR Agenda for Protection, p. 37)

WORLD BLIND UNION

PARTICIPATION IN CULTURAL LIFE, RECREATION, LEISURE AND SPORT

Article 24:

Para 1 (c), must also include audio description.

Para 2, on intellectual property, is of utmost importance for deafblind, blind and visually impaired persons.