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Article
8 - Raising awareness regarding disability
Background Documents | Article
8 Background
Seventh Session | Fourth Session | Third
Session
Working Group | References
Costa Rica
European Union
Kenya
UN System Organizations
Asia Pacific Forum
European Disability Forum
Indian NGO Consultative Meeting
International Save the Children Alliance
Japan Disability Forum
Landmines Survivors Network
Physical Disability Council of Australia
Governments
COSTA RICA
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, persons with disabilities
and their human rights;
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 effective public awareness policies designed to
nurture receptiveness to the rights of persons with disabilities;
b. promoting awareness in their population, 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.
EUROPEAN UNION
Draft Article
5
PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES
EU Proposal: Incorporate the relevant provisions of this Article into
new Article 3 bis. Delete title and separate article number.
1. States Parties undertake to adopt immediate and effective measures to:
EU Proposal: EU suggests the deletion of the chapeau.
(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) encouraging 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.
KENYA
Draft Article
5
PROMOTION OF POSITIVE ATTITUDES TO PERSONS WITH DISABILITIES
Insert the following paragraph after paragraph 1(b)
Combat practices whether cultural religious or other which discriminate persons
with disabilities.
UN System Organizations
OHCHR
See references to international human rights conventions and jurisprudence.
WHO
Article 5 Promotion
of positive attitudes to persons with disabilities
Recognizing the importance of combating stereotypes and prejudices about persons
with disabilities, WHO is committed to provide technical assistance and expertise
in promoting positive attitudes towards persons with disabilities. In particular,
WHO is committed to working towards a paradigm shift so that health and rehabilitation
professionals work in partnership with persons with disabilities rather than
simply prescribing treatment to them.
National Human Rights Institutions
ASIA PACIFIC FORUM
Article 5
A text along these lines, perhaps with the addition of the word "appropriate"
in paragraph (a), so that the obligation would be to provide an "effective
and appropriate remedy", which would provide some flexibility in the fashioning
of a suitable remedy.
Non-governmental organizations
EUROPEAN DISABILITY FORUM
Draft Article 5 Promotion of positive attitudes to persons with disabilities
The change in attitudes and the combating of mental and attitudinal barriers
is a key element to contribute to the human rights of disabled people. As such,
it is a cross-cutting issue which affects all areas of life. It might be considered
to move this article to a different part of the Convention, in a section on
supporting measures.
EDF proposes to add a specific paragraph on measures addressed to families of
children with disabilities.
Finally, some reflection should be given to the wording “positive attitudes”,
as this might continue to lead to stereotyping. Awareness raising measures on
the rights of persons with disabilities might be a more appropriate phrasing.
INDIAN NGO
CONSULTATIVE MEETING
Draft Article 5
13. In point 2- b), the list of people who should be made aware should be broadened.
The modified text in point b) should be read as “promoting awareness, including
in all children, from an early age and at all levels of the education system,
including administrators, services providers, media, opinion makers,
legislatures and community at large to foster an attitude of respect
for the rights of persons with disabilities;”
INTERNATIONAL SAVE THE CHILDREN ALLIANCE
Draft Article 5 – positive attitudes
This article sets out actions that government must take to challenge discrimination.
It says that governments must work with people with disabilities in designing
campaigns and programmes.
Suggested change
We wish to emphasise the intrinsic value and contribution of all children and
adults with disabilities, irrespective of their ability to socialise and their
level of self-reliance. This we find important to ensure inclusion of severe
and multiple disabled persons.
1. c Promote an image of children and adults with disabilities as valuable and
contributing members of society in their own respect, sharing the same rights
and freedoms as all others and in a manner consistent with the overall purpose
of this Convention.
Suggested additional paragraph
1. d Combat patronising, bullying and neglect on the basis of perceived incapacity
of disabled children and adults in public services and society overall
We wish to ensure that governments must also work with children with disabilities,
not just adults.
2.d. working in partnership with persons with disabilities, including children,
and their representative organisations in all measures taken to give effect
to the obligations contained in this article’.
JAPAN DISABILITY FORUM
< Draft Article 5> Promotion of positive attitudes to persons
with disabilities
JDF’s proposed Amendment
The title of this article should be changed to “Awareness-raising concerning
rights of persons with disabilities.”
Reason
“Awareness-raising” is used in the Standard Rules on the Equalization of Opportunities
for Persons with Disabilities (Rule 1).
LANDMINES SURVIVORS NETWORK
DRAFT ARTICLE 5 COMMENTS
This article includes 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. This article may have greater impact
if addressed later in the treaty, for example in a section addressing supporting
measures. (Cf. International Convention to Combat Desertification, Article 19)
In addition, the Ad Hoc Committee may wish to re-examine the title of this article
in light of concerns (raised by delegates to the Americas regional consultative
conference - Quito, Ecuador, 9-11 April, 2003) about the use of the word “positive.”
In some instances, “positive” portrayals of people with disabilities may not
be accurate, and may inadvertently contribute to societal stereotypes. An alternative
title could be “Stereotyping of Groups,” or “Awareness-Raising Measures.”
Draft Article 5(1)(c) provides an alternative formulation for “positive,” and
is reflective of the UN Standard Rules provisions on awareness-raising, emphasising
the need for awareness of people with disabilities as capable and contributing
members of society. (Cf. UN Standard Rules on the Equalization of Opportunities
for Persons with Disabilities, para. 4 and Rule 1)
Draft Article 5(2)(a) promotes public awareness campaigns “designed to nurture
receptiveness to the rights of persons with disabilities.” Rather than “receptiveness,”
the Ad Hoc Committee may wish to consider the use of the more positive word
“respect.”
Draft Article 5(2)(b) also relates to awareness-raising, but it encompasses
specific issues related to educational settings, curricula, and teacher training.
It therefore seems appropriate to keep this as a separate sub-provision.
Draft Article 5(2)(c) refers to “encouraging” the media. Given the influential
role of the media in most societies, “promoting” may be the more appropriate
verb.
Draft Article 5(2)(d) echoes Draft Article 4(2) in its focus on partnership
with persons with disabilities and their representative organizations with regard
to implementation of the article. In further elaborating this concept the Ad
Hoc Committee may find useful the discussion of the “role of organizations of
persons with disabilities” in the UN Standard Rules. (Cf. UN Standard Rules
on the Equalization of Opportunities for Persons with Disabilities, Rules 1
and 18(3))
PHYSICAL DISABILITY COUNCIL OF AUSTRALIA
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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