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Background Documents | Preamble Background
Seventh
Session | Fourth Session | Third
Session
Working Group | References
Compilation of proposed revisions and amendments made by the members of the Ad Hoc Committee to the draft text presented by the Working Group as a basis for negotiations by Member States and Observers in the Ad Hoc Committee
(updated after the completion of the first reading at the Fourth Session, 26 August 2004)
The States Parties to this Convention,
(a) Recalling the principles proclaimed in the Charter of the United Nations
which recognize the inherent dignity (, worth Holy See) and the equal and
inalienable rights of all members of the human family as the foundation of freedom,
justice and peace in the world,
(b) Recognizing that the United Nations, in the Universal Declaration of Human
Rights [and in the International Covenants on Human Rights Pakistan], has
proclaimed and agreed that everyone is entitled to all the rights and freedoms
set forth therein, without distinction of any kind,
(c) Reaffirming the universality, indivisibility (inalienability, irrevocability
Costa Rica) and interdependence of all human rights and fundamental freedoms
and [the need for EU] (and that persons with disabilities are EU) [persons
with disabilities [to be EU] guaranteed Sierra Leone] their full enjoyment
without (any form of South Africa) discrimination,
(d) [Reaffirming also Pakistan] (recalling Pakistan) the International Covenant
on Economic, Social and Cultural Rights, the International Covenant on Civil
and Political Rights, the International Convention on the Elimination of All
Forms of Racial Discrimination, the International Convention on the Elimination
of All Forms of Discrimination against Women, the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention
on the Rights of the Child, [and the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, EU, Israel,
Canada, Costa Rica]
(It is recommended that appreciation be extended to the World Conference against
racism, racial discrimination, xenophobia and related intolerance, held in South
Africa in 2001, which gave impetus to the resolution promoting the work of the
United Nations in the elaboration of an International convention on the rights
of persons with disabilities Chile)
(Recognizing that the exercise of the right to development, as a universal and
inalienable right, is a prerequisite to the integral and sustainable solution
to meeting the needs of persons with disabilities Cuba)
(e) Recognizing the importance of the principles and policy guidelines contained
in the (United Nations Namibia) Standard Rules on the Equalization of Opportunities
for Persons with Disabilities in influencing the promotion, formulation and
evaluation of the policies, plans, programmes and actions at the national, regional
and international levels to further equalize opportunities for persons with
disabilities,
(f) Recognizing also that discrimination (and violence Costa Rica) against
any person on the basis of disability is a [violation of EU] (affront to
EU) the inherent dignity of the human person,
(g) Recognizing further [[the diversity India, Pakistan] (the diverse nature
of disabilities Pakistan) (the wide range of abilities, skills, functional
competencies and concerns of India) of [persons with disabilities Morocco,
Argentina] South Africa] (disabilities Morocco, Argentina) (, their needs
and requirements Thailand) (that person that disabilities are not a homogeneous
group, but diverse in their own right South Africa),
(h) Concerned that, despite [the efforts and actions EU] (these various instruments
and undertakings EU) [undertaken by Governments, bodies and relevant organizations
EU], persons with disabilities continue to face barriers in their (equitable
South Africa) participation as equal members of society and violations to
their human rights in all parts of the world,
(i) [[Emphasizing India, Namibia] (Recognizing India, Namibia) the importance
of international cooperation (because of its multisided benefit to all member
countries Lebanon) promote the full enjoyment of (all Cuba, Lebanon) human
rights and fundamental freedoms of (all Lebanon) persons with disabilities,
EU, Syrian Arab Republic] (Recognizing the importance of international cooperation
for improving the living conditions of persons with disabilities in every country,
in particular in the developing countries EU, Syria, Argentina)
(j) Emphasizing also the existing and potential contributions [made by Namibia]
(of Namibia) persons with disabilities to the overall well-being and diversity
of [their communities Lebanon] (the society Lebanon), and that the promotion
of the full enjoyment by persons with disabilities of (all Cuba) their human
rights and fundamental freedoms and of full participation by persons with disabilities
will result in significant advances in the human, social and economic development
of [their societies Lebanon] (the society Lebanon) [and the eradication
of poverty EU],
(k) Recognizing the importance for persons with disabilities of their individual
autonomy and independence, including the freedom to make their own choices,
(l) Considering that persons with disabilities (and their families India,
Pakistan) (and care-givers Pakistan) should have the opportunity to be actively
involved (and taking leading roles Republic of Korea) in decision-making processes
about policies and programmes, [especially those directly concerning them
South Africa, Namibia],
(m) Concerned about the difficult conditions faced by persons with [[severe
or Argentina] multiple Canada, Yemen, Cuba, Namibia, Lebanon] disabilities
[and of persons with disabilities Costa Rica] (and in particular those Costa
Rica) who are subject to [multiple or aggravated Lebanon] [forms of EU]
discrimination [on the basis of race, colour, sex, language, (and the kind and
degree of disability Lebanon) (age, Sierra Leone, Israel, Costa Rica) religion,
political or other opinion, (ethnic, Canada) national or social origin, property,
birth (, sexual orientation EU, Brazil) or other status, Pakistan]
(n) Emphasizing the need to incorporate a gender perspective in all efforts
to promote the full enjoyment of (all Cuba) human rights and fundamental freedoms
by persons with disabilities,
((n bis) Recognizing that women and girls with disabilities are often subject
to multiple discrimination and therefore suffer particular disadvantages
(n ter) Recognizing that persons with disabilities, in particular women and
girls, are at greater risk, both within and outside the home, of violence, injury
or abuse, neglect or negligent treatment, maltreatment or exploitation, including
sexual exploitation and abuse EU)
(o) [[Mindful (that conditions of poverty can exacerbate the incidence and situations
of persons with disabilities India) of Cuba] (Concerned by Cuba) the need
to [alleviate Cuba] (eradicate Cuba) the negative impact of poverty on (causing
disabilities and the quality of life of persons with disabilities Argentina)
the conditions of persons with disabilities, (in accordance with the Millennium
Declaration on this matter Chile) (and therefore convinced of the need to
eradicate it Costa Rica) EU] (Recognizing that a disproportionately large
number of persons with disabilities live in conditions of poverty and mindful
of the need to alleviate the negative impact of poverty on persons with disabilities
EU, Brazil)
(p) Concerned that [situations of Sierra Leone, Saudi Arabia, Lebanon] armed
[conflict Sierra Leone] (conflicts Sierra Leone) (and foreign occupation
of territories and assets of others Syrian Arab Republic, Yemen, Saudi Arabia,
Lebanon) [have especially South Africa] (cause disabilities and have South
Africa) devastating consequences for the [human Sierra Leone] rights of persons
with disabilities,
(q) Recognizing the importance of accessibility to the physical, (political
South Africa, Yemen) social and economic (cultural South Africa, Yemen,
Costa Rica) environment and to information and communication, [including information
and communication Yemen] technologies, in enabling persons with disabilities
to fully enjoy all human rights and fundamental freedoms,
((q bis) Recognizing the important role that persons with disabilities can play
in the sustainable development of their communities Costa Rica)
(r) Convinced that a convention [dealing specifically with (full enjoyment of
Sierra Leone) (all Cuba) [the human rights of EU] (the enjoyment of human
rights by EU) persons with disabilities Pakistan] (addressing specifically
the rights and dignity of persons with disability Pakistan) will make a significant
contribution to (the improvement of the Human Development Index of this group
and the world population in general Chile) redressing the profound [social
EU] disadvantage of persons with disabilities and promote their participation
in the civil, political, economic, social and cultural [spheres Pakistan]
(activities Pakistan) [with equal opportunities Canada], in both developing
and developed countries,
((s) Recognizing the particular circumstances of the child with disabilities
and that the child with disabilities should enjoy the right to a full and inclusive
life in conditions that ensure dignity, promote self reliance and autonomy and
facilitate their active participation in the community EU)
(Recognizing that many persons with disabilities suffer double or multiple discrimination
because of their status as children, women, refugees or internally displaced,
older persons, people living in rural areas and people living in informal settlements.
Noting with concern that there exists, in various parts of the world, harmful
cultural practices and beliefs that have continued to impact negatively on the
rights of persons with disabilities.
Recognizing that HIV/AIDS impacts negatively on persons with disabilities in
all spheres of life. Kenya)
(Recognizing that a comprehensive, integral and interdisciplinary approach to
the issues facing persons with disabilities is essential to the achievement
of full and effective equalities for persons with disabilities Israel)
Hereby agree as follows:
Footnotes:
1. Some members of the Working Group considered that there should not be a reference to the Migrant Workers Convention on the grounds that it did not have the same status as the other international covenants and conventions listed. Other members pointed out that the Convention had entered into force and should therefore be listed.
2. Some members of the Working Group considered that there
should not be a reference to international cooperation in the preamble, or that
it should be subject to final agreement on whether the issue of international
cooperation should be addressed in the Convention, and if so, where it should
be included.
3. The following alternative formulation was also proposed
for consideration: Recognizing the importance of international cooperation
for improving the living conditions of persons with disabilities in every country,
in particular in the developing countries.
4. See the footnotes to paragraph 1 (c) of draft article 23
on social security and an adequate standard of living.
5. Some members of the Working Group had reservations about
the wording of this paragraph.