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Article
8 - Raising awareness regarding disability
Background Documents | Article
8 Background
Seventh Session | Fourth Session | Third
Session
Working Group | References
Fourth Session
Children's Rights Alliance for England
International Disability Caucus
People with Disabilities Australia
Working meeting of NGOs for People with Disabilities from Ukraine, Russia, Belarus & Moldova
Governments
AFRICAN GROUP
ARTICLE 5
PROMOTION OF POSITIVE ATTITUDES TOWARDS PERSONS WITH DISABILITIES, CREATION
AND RAISING OF AWARENESS
1. States Parties undertake to adopt appropriate and effective
measures to:
(a) Raise awareness throughout society regarding disability
in various forms and persons with disabilities and their needs,
potential and contributions to society and foster a culture of respect
for persons with disability and their human rights;
(b) Combat stereotypes, prejudices and practices whether
cultural, or other which discriminate against persons with disabilities;
(c) Portray persons with disability, irrespective of
type, severity and complexity of their disabilities as capable and
contributing members of society sharing the same rights and freedoms and
responsibilities as all others in a manner consistent with the overall purpose
of this convention;
(d) Combat patronizing, bullying and neglect on the basis of perceived
incapacity of children and adults in public service and society as a whole;
2. These measures shall include among others:
(a) Initiating, promoting and maintaining an effective public, social
awareness campaign designed to nurture respect and protect the rights of
persons with disabilities;
(b) Developing and maintaining programmes of awareness in their
population, including children from an early age and at all levels
of the education system, to foster an attitude of respect for the rights
of persons with disabilities;
(c) Encouraging all organs of the media to portray persons
with disabilities in a manner consistent with the purpose
of this convention;
(d) Working in partnership with persons with disabilities, their representative
organizations and families in all measures taken to give
effect to the obligations contained in this article.
AUSTRALIA
AUSTRALIA – PROPOSAL IN INFORMAL – 5.1(c)
c) Promote the capabilities and contributions of all persons with disabilities,
as members of society sharing the same rights and fundamental freedoms as
all others.
POSSIBLE STRUCTURE FOR A COMPRESSED ARTICLE 5
1. States Parties undertake, by appropriate and active means, to:
a) Raise awareness throughout society of disability and persons with disabilities,
including their potential and contribution to society, and foster respect
for their rights through measures such as public awareness campaigns and
programs of awareness for all children from an early age and throughout
their education.
b) Promote the capabilities and contributions of all persons with disabilities,
as members of society sharing the same rights and fundamental freedoms as
all others, and encourage the media to portray positive images of people
with disabilities consistent with this convention.
c) Combat stereotypes, negative cultural practices and prejudices about
persons with disabilities.
BAHRAIN
Draft language related to training for Draft Article 5:
2. These measures shall include, among others:
raise awareness throughout society regarding this Convention, including
through training related to the rights, principles and obligations associated
with this Convention for personnel and others involved in the implementation
of the Convention, including but not limited to officials responsible for
law enforcement and justice administration, education, health care, rehabilitation,
and employment, so that they may be able to carry out their responsibilities
more effectively;
CHILE
ARTICLE 5 – PROMOTION OF POSITIVE ATTITUDES TOWARDS PERSONS WITH DISABILITIES
We support the proposal of Mexico to change the title of this article
to “Creation of a culture of respect and inclusion”, since it is
more comprehensive to speak of a culture, which incorporates the elements
of “positive attitudes” (original proposal) and “creation and raising awareness”
(proposal of South Africa).
The Mexican proposal agrees with the wording contained in some of the sub-paragraphs
of the preamble and in article 2 on general principles of the Convention.
Paragraph 1:
We support the proposal of Uganda to include the reference to “their needs,
potential and contribution” and the term “diversity” suggested by Chile,
which agrees with the preamble and principles of the Convention.
Therefore, sub-paragraph (a) would read as follows:
“a) Raise awareness throughout society regarding persons
with disabilities, their diversity, needs, potential and
contribution to society.”
We suggest the addition of the phrase “negative practices” to the
original wording of sub-paragraph (b). Therefore, it would read as follows:
b) Combat stereotypes, prejudices and negative practices
about persons with disabilities.
We propose that sub-paragraph c) should be replaced, since it makes reference
to the role of “subject of law” and includes elements contained in other
suggested modifications to the original drafting. We propose the following
drafting:
c) Promote a culture regarding persons with disabilities
as subjects of law, in accordance with the provisions of the present Convention.
Paragraph 2:
We propose to modify sub-paragraph a) by incorporating the addition by several
States and Chile, in the latter case by including the phrase “proactive
conduct”; it would read as follows:
a) Initiating and maintaining effective public awareness
campaigns and policies designed to receptive attitudes and proactive
conduct for the respect and protection of the rights of persons
with disabilities.
In the original version of sub-paragraph b), we support the suggestion
of Costa Rica to include a reference “in their population”, which would
read as follows:
b) Promoting awareness in their population,
in particular among all children…..”
In sub-paragraph d), we support the suggestion of Uganda to include
the reference to “their families”; it would read as follows:
“d) Working in partnership with persons with disabilities, their
families and representative organizations…..”.
EUROPEAN
UNION
Draft Article 5
PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES
EU Position : Article should be repositioned
preferably as Art. 24 bis.
1. States Parties undertake to adopt immediate and effective measures to:
(a) Raise awareness throughout society regarding disability and persons
with disabilities;
EU Proposal: Add “and foster respect for the rights of persons with
disabilities”
(b) Combat stereotypes and prejudices about persons with disabilities
(c) Promote an image of persons with disabilities as capable and contributing
members of society sharing the same rights and freedoms as all others and
in a manner consistent with the overall purpose of this Convention.
EU Proposal: Move 2(c) to here as new (d):
(d) Encourage all organs of the media to project an image of persons with
disabilities consistent with the purpose of this Convention;
EU Proposal: Delete Paragraph 2 (2d is covered by Article
25)
2. These measures shall include, among others:
(a) initiating and maintaining an effective public awareness campaign designed
to nurture receptiveness to the rights of persons with disabilities;
(b) promoting awareness, including in all children from an early age and
at all levels of the education system, to foster an attitude of respect
for the rights of persons with disabilities;
(c) encouraging all organs of the media to project an image of persons with
disabilities consistent with the purpose of this Convention;
(d) working in partnership with persons with disabilities and their representative
organisations in all measures taken to give effect to the obligations contained
in this article.
INDIA
Article 5:Promotion of Positive Attitude
India supports this article. In the shapean of article 1, we support Australia
with the word “appropriate”. In 1(a), we propose the word “Create” in place
of “Raise”. We further suggest inclusion of the word “abilities” in place
of “potential” as suggested by Uganda. We suggest replacement of the word
“foster” by “promote” as suggested by Mexico. We support the suggestion
of Trinidad, Tobago and Japan in (b) “negative”.
In para 2(a), we suggest the word “effective” to be replaced by “Comprehensive”.
We suggest the word “nurture” to be replaced by “foster”. We suggest dropping
of the article 2(b) since this is repetitive. In para 2(d), we support Uganda
“and families” has been added.
NEW ZEALAND
ARTICLE 5:
New Zealand’s proposed rewording of the Working Group text
(additions are underlined and deletions are struck out).
PROMOTION OF POSITIVE ATTITUDES TOWARDS PERSONS WITH DISABILITIES
1. States Parties undertake to adopt immediate and effective measures to:
a. raise awareness throughout society regarding disability and persons with
disabilities and foster respect for their rights;
b. combat stereotypes and prejudices about persons with disabilities
in all areas of life;
c. portray promote an image of persons with disabilities as capable
and contributing members of society irrespective of types of disabilities,
sharing the same rights and freedoms as others and in a manner consistent
with the overall purpose of this Convention.
2. These measures shall include, among others:
a. initiating and maintaining an effective public awareness campaign
designed to nurturing awareness of and respect for receptiveness
the rights of persons with disabilities;
b. promoting awareness in all children from an early age and at all
levels of the education system, to foster an attitude of respect for the
rights of persons with disabilities;
c. encouraging all organs of the media to project an image of persons
with disabilities consistent with the purpose of this Convention;
d. working in partnership with persons with disabilities and their representative
organisations in all measures taken to give effect to the obligations contained
in this article. (move to Article 4).
Non-governmental organizations
CHILDREN'S RIGHTS ALLIANCE FOR ENGLAND
Article 5
Promotion of positive attitudes to persons with disabilities
1. States Parties undertake to adopt immediate and effective measures to:
(a) Raise awareness throughout society regarding disability and persons
with disabilities;
(b) Combat stereotypes and prejudices about persons with disabilities;
(c) Promote an image of persons with disabilities, including children,
as capable and contributing members of society sharing the same rights and
freedoms as all others and in a manner consistent with the overall purpose
of this Convention.
2. These measures shall include, among others:
(a) Initiating and maintaining an effective public awareness campaign designed
to nurture receptiveness, including among parents, to the
rights of persons with disabilities;
(b) Promoting awareness, including in all children from an early age and
at all levels of the education system, to foster an attitude of respect
for the rights of persons with disabilities;
(c) Encouraging all organs of the media to project an image of persons with
disabilities consistent with the purpose of this Convention;
(d) Working in partnership with persons with disabilities and their representative
organizations in all measures taken to give effect to the obligations contained
in this article.
INTERNATIONAL DISABILITY CAUCUS
Draft Article
5: Promotion of Positive Attitudes to Persons with Disabilities
1. States Parties undertake to adopt immediate and effective measures to:
a. Raise awareness throughout society regarding disability and persons with
disabilities and foster respect for the rights of persons with disabilities
b. Combat stereotypes and prejudices about persons with disabilities;
c. Promote an image of persons with disabilities as capable and contributing
members of society sharing the same rights and freedoms as all others and
in a manner consistent with the overall purpose of this Convention.
2. These measures shall include, among others:
a. initiating and maintaining an effective public awareness campaign designed
to nurture receptiveness to the rights of persons with disabilities;
b. promoting awareness, including in all children from an early age and
at all levels of the education system, to foster an attitude of respect
for the rights of persons with disabilities;
c. encouraging all organs of the media to project an image of persons with
disabilities consistent with the purpose of this Convention;
d. working in partnership with persons with disabilities and their representative
organisations in all measures taken to give effect to the obligations contained
in this article.
LANDMINES SURVIVORS NETWORK
DRAFT ARTICLE
5 - AWARENESS-RAISING MEASURES
SYNTHESIS OF PROPOSALS
1. States Parties undertake to adopt immediate and effective measures to:
(a) raise awareness throughout society regarding disability and persons
with disabilities, and foster respect for the rights and dignity of persons
with disabilities;
(b) combat stereotypes, prejudices and practices, whether cultural, religious
or other, which discriminate against persons with disabilities; and
(c) promote an image of persons with disabilities as capable and contributing
members of society sharing the same rights and freedoms and responsibilities
as all others and in a manner consistent with the purpose of this Convention.
2. These measures shall include, among others:
(a) initiating and maintaining an effective public awareness campaign designed
to nurture awareness of and respect for the rights of persons with disabilities;
(b) promoting awareness, including in all children from an early age and
at all levels of the education system, to foster an attitude of respect
for the rights of persons with disabilities;
(c) encouraging all organs of the media to portray persons with disabilities
in a manner consistent with this Convention; and
(d) working in partnership with persons with disabilities and their representative
organisations in all measures taken to give effect to the obligations contained
in this article.
COMMENTS
Draft Article 5 addresses important concepts related to awareness-raising,
in recognition of the fact that the process of stereotyping fuels both the
development and application of discriminatory practices and other human
rights violations. Numerous States indicated their support for the coverage
of these issues in the Convention (Uganda, Yemen, Japan, Kenya, Jordan,
Canada, Argentina, Philippines, South Africa, Costa Rica, Mexico, Trinidad
and Tobago, Norway, Thailand, Morocco).
The title of Draft Article 5 has been altered here to better reflect the
purpose and content of the article. Several Ad Hoc Committee members proposed
alternative titles (Canada, South Africa, Mexico), but “Awareness-Raising
Measures” is more consistent with precedent found in other international
treaty contexts, where such provisions are typically found at the end of
the Convention in a section addressing supporting measures. (Cf. International
Convention to Combat Desertification, Article 19; Convention on Biological
Diversity, Article 13) Furthermore, the UNSR uses the term “Awareness-Raising.”
(Cf. UNSR, Rule 1) In addition, the title omits the potentially problematic
term “positive,” which was criticized at both the Quito regional meeting
and during the Working Group meeting. Delegates at those meetings indicated
that in some instances “positive” portrayals of people with disabilities
may not be accurate, and may inadvertently contribute to societal stereotypes.
Draft Article 5(1)(a) now further reinforces the purpose and principles
of the Convention by incorporating additional language regarding the need
to “foster respect for the rights and dignity of persons with disabilities”
(EU, Philippines).
Draft Article 5(1)(b) incorporates the proposal to combat inappropriate
societal practices (Kenya, Trinidad and Tobago), thus making the link between
attitudes (such as stereotypes and prejudices) and actions that promote
or result in discrimination. This approach is consistent with that taken
in other Conventions. (Cf. CEDAW, Article 5)
Draft Article 5(1)(c) adopts the proposal to reference “responsibilities”
in addition to the “rights” and “freedoms” already referenced. (Philippines)
This addition is reflective of the UNSR’s emphasis on the need for States
to “raise their expectations of persons with disabilities,” and to “assist
persons with disabilities to assume their full responsibility as members
of society.” (Cf. UNSR, para. 27)
Draft Article 5(2)(a) removes the weak obligation to “nurture receptiveness
to the rights of persons with disabilities,” and instead substitutes the
more practical obligation for States to nurture “awareness of and respect
for” those rights. (Canada)
Draft Article 5(2)(b) has been retained in this article, despite the proposal
that it be moved to the article addressing education. (South Africa) Although
the provision references children as well as the education system, the core
component of the provision remains an obligation to engage in awareness-raising,
and thus the provision should be retained in the article addressing awareness-raising
measures.
Draft Article 5(2)(c) substitutes “project an image of” with the more active
and direct verb “portray.” (Canada, New Zealand) The provision is given
further strength and clarity with the adoption of the proposal that the
portrayal by the media should be “in a manner consistent with the Convention,”
and not merely consistent with the “purpose” of the Convention. (Canada,
EU, Norway, New Zealand)
Draft Article 5(2)(d) has been retained in this article, even though some
delegations felt that it should be deleted or moved in light of the similar
provision found in Draft Article 4 (General Obligations). Despite the risk
of repetition, 5(2)(d) emphasizes the very real need for States to recognize
and meaningfully utilize the expertise of people with disabilities. Given
the historic marginalization of people with disabilities it is an important
point worthy of emphasis and repetition here. It is also of particular relevance
in a provision aimed at combating stereotypes and practices that lead to
discrimination, given that people with disabilities are best positioned
to identify those stereotypes and practices.
PEOPLE WITH DISABILITY AUSTRALIA
Article 5:
Promotion of Positive Attitudes to Persons with Disabilities
We strongly support the Expert Working Group’s formulation of this article.
WORKING MEETING OF NGOs FOR PEOPLE WITH DISABILITIES FROM UKRAINE, RUSSIA, BELARUS & MOLDOVA
Positive Attitudes: Draft Article 5
PDCA believes that the implementation of this Draft Article will go some
way towards addressing the discrimination currently experienced by people
with disability.
However, it is our experience that for community education to produce meaningful
outcomes, it is important that it is culturally appropriate for the community
that is being targeted. We recommend that 1) be redrafted to read:
“…States Parties undertake to adopt immediate, effective and culturally
appropriate measures to…”
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