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Prepared by the Permanent Mission of New Zealand to the United Nations
A/AC.265/2004/CRP.2
Report of the Working Group looking at the Protection
of the Rights of Persons with Disabilities
This Working Group had people from Governments, Non Government Organisations
and Human Rights Groups from all over the world.
INTRODUCTION
This information is a summary of a report of an International Working
Group that is looking at a draft Convention on the Rights of Persons
with Disabilities.
This is a plain language version of the draft Convention that is available
on:
http://www.un.org/esa/socdev/enable/rights/ahcwgreport.htm
This draft report does not represent the ideas, views or position
of any Government or any particular individual.
WHAT IS AN INTERNATIONAL CONVENTION?
It is a law that is written in legal language.
The protection and promotion of the rights of persons with disabilities
is about:
The rights and dignity of all people with or without disability.
The rights to freedom and justice to all people with or without disability.
The confirmation and support that persons with disabilities have
the same rights as all other people.
What is Important?
That persons with disabilities have the same rights as all other
people.
That discrimination against persons with disabilities is not acceptable.
That people are different and this should be recognised.
That people with disabilities have freedom, justice and peace.
And that:
People with disabilities are involved in making decisions about
policies and services about them.
Persons with disabilities have freedom to make their own choices.
Persons with disabilities are not discriminated against because
of their race, colour, sex, language, religion, or political opinion.
Persons with disabilities have accessible physical environments,
social and economic opportunities.
Questions:
Do you think all countries should work together to stop discrimination?
How much focus should countries put on their individual situations
compared to the world situation?
DRAFT ARTICLE 1
Purpose
The purpose of this Convention is to make sure persons with disabilities
have the same human rights and freedoms as all other people.
DRAFT ARTICLE 2
General Principles
This Convention is about:
Dignity.
Freedom of choice.
Independence.
Non-discrimination.
Full inclusion.
Participation.
Respect of difference.
Acceptance of disability.
Equality of opportunity.
Question:
Are there any other principles that should be included?
DRAFT ARTICLE 3
Definitions
When thinking about these definitions, think about them in terms of
persons with disabilities:
Accessibility
Question:
Accessibility is a word used in draft Article 19. What definition
do you think accessibility should have?
Communication
Question:
Communication is a word used in draft Article 13. What definition
of communication should be used?
Disability
Question:
Should a definition of disability be included? If yes, what definition
do you think it should be?
Persons with Disability
Questions:
Should a definition of persons with disabilities be included?
What if the Convention already has a separate definition of disability?
If yes, what definition of persons with disabilities should be used?
Discrimination because of a Disability
Question:
Draft Article 7 outlaws discrimination based on a disability. What
definition of discrimination should be used?
Language
Question:
Is a definition of language needed?
If yes, what definition of language should be used?
DRAFT ARTICLE 4
General Obligations
The countries that agree to this Convention promise to make sure that
all human rights apply to all people, without discrimination because
of disability. To do this, they will:
a) Take actions that meet the aims of the convention, such as make
laws that support the convention, and change or get rid of laws that
dont support the convention.
b) Make sure there are laws that give persons with disabilities rights.
c) Make sure that disability issues are included in all economic and
social policies and programmes.
d) Not do things that do not support the convention, and make sure
others respect the rules of the convention.
e) Take action to stop discrimination based on disability by persons
or organisations.
f) Support the use of goods, services, equipment and facilities that
can be used by all persons with disabilities all over the world.
This will be done in close consultation, and with the involvement
of, persons with disabilities and their organisations.
Question:
Are there any other general obligations that should be included?
Some countries might not be able to afford to provide all the help
and support in this Convention straight away. How should we recognise
this in the Convention?
DRAFT ARTICLE 5
Promotion of Positive Attitudes to Persons with Disabilities
The countries that agree to this Convention will:
a) Help people in society to be aware of the issues and concerns facing
persons with disabilities.
b) Fight against stereotypes and prejudices about persons with disabilities.
c) Promote positive images of persons with disabilities that show
them as able and having the same rights as all people.
The countries that agree to this Convention will also:
a) Have public awareness campaigns about the rights of persons with
disabilities.
b) Provide to all children who go to school information on the rights
of persons with disabilities.
c) Get television, newspapers and magazines to show positive images
of persons with disabilities.
d) Work together with persons with disabilities and their organisations.
DRAFT ARTICLE 6
Statistics and Data Collection
The countries that agree to this Convention will collect and look
at statistics and information on disabilities and on the rights of persons
with disabilities.
In collecting this information they should:
a) Respect the right to peoples privacy. The information should be
given only if people agree.
b) Keep information in a way that people cannot be identified, and
in a way that the information cannot be used in a way it should not
be.
c) Make sure that how information is collected and stored is done
in partnership with persons with disabilities and other representatives
or organisations.
d) Include information on age, sex, type of disability as well as
information about:
Access to services.
Education.
Housing.
Employment.
Rehabilitation programmes.
Questions:
What other information should be collected?
Should information be shared internationally?
DRAFT ARTICLE 7
Equality and Non-Discrimination
The countries that agree to this Convention will agree:
a) That all persons with disabilities are equal before the law and
protected by the law like all other people.
b) That discrimination based on disabilities will not be allowed.
c) To protect people from discrimination based on disability.
d) To also protect people with disabilities from discrimination based
on other reasons like race, colour, sex, language, political opinion,
poverty, birth, national or social origin, age, or type of disability.
e) That no types of discrimination are acceptable.
f) That special measures, or actions that positively discriminate
until equality is gained, are allowed.
Questions:
What do you think is a special measure?
Are there any risks to mentioning special measures? If yes, what
are these?
DRAFT ARTICLE 8
Right to Life
The countries that agree to this Convention will:
a) Agree to the right to life for all persons with disabilities.
b) Take action to make sure persons with disabilities have this right.
Question:
Should the convention also have a section about the rights of persons
with disabilities during a time of war or armed conflict?
DRAFT ARTICLE 9
Equal Recognition as a Person before the Law
The countries that agree to this Convention will:
a) Agree that persons with disabilities have the same rights as all
other people before the law.
b) Accept that persons with disabilities are capable like all other
people on legal or financial issues.
c) Agree that where persons with disabilities need help on legal or
financial issues:
They get the help they need.
The help does not take away their right to make their own decisions.
The help is provided under the law.
d) Ensure that persons with disabilities have the right to own property.
e) Ensure that persons with disabilities have the right to control
their money or other financial affairs.
f) Make sure persons with disabilities have the same opportunities
as other people to get bank loans, mortgages and credit.
g) Make sure persons with disabilities are not deprived of their property
unfairly.
Question:
Should anything be written about protecting the rights of persons
with disabilities who need assistance to understand and use their legal
rights? If yes, what?
DRAFT ARTICLE 10
Liberty and Security
The countries that agree to this Convention will:
a) Make sure that persons with disabilities have the same right to
liberty and security as all other people.
b) Make sure that persons with disabilities dont have this right taken
away from them illegally, or just because they have a disability.
c) Make sure that if a person has had their liberty taken from them,
that the law will protect them.
If a person is deprived of their liberty, the countries that agree
to this Convention will:
a) Make sure that people are treated with respect, and in a way that
recognises their disability and their needs.
b) Make sure that persons with disabilities are provided with information
in accessible formats that explains why their liberty has been taken
away.
c) Make sure that persons with disabilities get quick access to assistance
and legal help to make sure their detention is allowed under the law.
d) Make sure that people are provided with compensation if it turns
out that the taking of their liberty was not allowed under this Convention.
Questions:
Should anything be written about what legal safeguards should be
in place? If yes, what?
Should this section be divided into two sections:
- one which describes the rights of people who have their liberty taken
from them because of criminal actions; and
- one which describes the rights of people who have their liberty taken
from them because of non-criminal reasons, such as to protect them from
danger?
DRAFT ARTICLE 11
Freedom from Torture or Cruel, Inhuman or Degrading Treatment or Punishment
The countries that agree to this Convention will:
a) Take action to prevent persons with disabilities from being tortured,
from being treated cruelly, or from receiving inhuman treatments or
punishments.
b) Protect persons with disabilities from medical or scientific experiments
without the persons agreement.
c) Protect people from being forced to have treatment to correct or
improve their disability.
Question:
Are there any other statements you would put in this article? If
yes, what?
DRAFT ARTICLE 12
Freedom from Violence and Abuse
The countries that agree to this Convention will:
a) Recognise that persons with disabilities are at greater risk in
and outside their homes of violence, injury, abuse, neglect, poor treatment
and sexual abuse.
b) Take action to protect persons with disabilities from these risks.
These actions should include:
Protecting persons with disabilities from being forced to have treatment
to correct or improve their disability.
Providing information and support to protect persons with disabilities
and their families from abuse.
Making sure that institutions or other facilities where persons with
disabilities live are checked to make sure they are free from violence
or abuse.
Supporting persons with disabilities to re-integrate into society
if they have been victims of violence and abuse.
Investigating and punishing people who abuse or mistreat persons with
disabilities.
Question:
Should there be more information about legal options that could be
in place to protect persons with disabilities? If yes, what?
DRAFT ARTICLE 13
Freedom of Expression and Opinion and Access to Information
The countries that agree to this Convention will make sure that persons
with disabilities have the right to say what they think through Braille,
sign language or other types of communication of their choice.
The countries that agree to this Convention will make sure persons
with disabilities have the same right as other people to give and receive
information, including by:
a) Providing information to persons with disabilities, when they ask
and without extra cost, in the formats they choose.
b) Accepting the use of different ways persons with disabilities communicate
in official situations.
c) Educating persons with disabilities to use different ways of communicating.
d) Supporting research into new ways of communication that are suitable
to persons with disabilities.
e) Promoting assistance and support to persons with disabilities to
help make sure information is accessible.
f) Encouraging private organisations that provide information for the
public to make it more accessible for persons with disabilities.
g) Encouraging media to make their information accessible to persons
with disabilities.
Question:
Should this Article include types of formats of accessible information?
DRAFT ARTICLE 14
Respect for Privacy the Home and the Family
The countries that agree to this Convention will:
a) Make sure that persons with disabilities, including those in institutions,
have the right of privacy in their home, family, communication, medical
records and their choice to make decisions.
b) Take action to stop discrimination against persons with disabilities
when it comes to marriage and family relations, and make sure that:
Persons with disabilities have the same opportunities as other people
to experience their sexuality, have sexual and other relations, and
become parents.
Persons with disabilities have the same right as other people to marry
and have a family.
Persons with disabilities have the same rights as other people to
have children, to decide the number of children to have, and when to
have them.
Persons with disabilities have access to information and education
on reproduction and family planning and support to help them understand
this information.
c) Ensure the rights of persons with disabilities to become guardians
and to adopt children, and help them to bring up their children.
d) Make sure that a child shall not be separated from their parents
against their will, unless it is in the best interests of the child
and done by law. Make sure that a parents disability cannot be used
as a reason to do this.
e) Promote information that has positive images of sexuality, marriage
and parenthood of persons with disabilities.
Question:
Should this article include more about assistance to help people
with disabilities be parents?
DRAFT ARTICLE 15
Living Independently and Being Included in the Community
The countries that agree to this Convention will help persons with
disabilities to live independently and be fully included in their community.
This includes making sure that persons with disabilities:
a) Have the same opportunities as other people to choose where they
live.
b) Do not have to live in institutions or in living arrangements that
they do not want to.
c) Have a range of service options available in the community, including
personal assistance that helps to include them in the community, and
stops their isolation from the community.
d) Have the same access as other people to general community services.
e) Have access to information about support services.
Question:
How important is it that this article includes point b) about people
not having to live in institutions?
DRAFT ARTICLE 16
Children with Disabilities
The countries that agree to this Convention will:
a) Make sure that children with disabilities are not being discriminated
against because of their disability.
b) Make sure that children with disabilities have the same rights
as other children.
c) Make sure that children with disabilities are treated with dignity
and supported to be self-reliant and to participate in their community.
d) Make sure children with disabilities have the right to inclusive
care which includes:
Services are available at an early age.
Extra help and assistance, where resources are available, that meets
the needs of the child, their parents or others caring for the child.
e) Make sure that assistance is free when possible.
f) Make sure that information, referrals and counselling is available
to parents of children with disabilities.
Question:
Should this article recognise that children with disabilities who
are orphans or refuges are at greater risk of sexual abuse and abuse?
DRAFT ARTICLE 17
Education
The countries that agree to this Convention will:
a) Recognise the right of all persons with disabilities to education.
The education of children with disabilities shall:
Aim to develop their full potential, their sense of dignity and
self worth, and their respect for human rights, freedoms and diversity.
Aim to make sure all persons with disabilities can participate in
society.
Aim to develop the childs personality, mental and physical self to
their full extent.
Put the best interest of the child first by having individualised
education plans.
b) To do this, the countries that agree to this Convention will make
sure:
All persons with disabilities can choose inclusive and accessible
education in their own community.
Support is provided, including specialist support if needed (for example:
counsellors, psychologists, accessible teaching and communication approaches).
That no child with disabilities is excluded from free and compulsory
primary school education because of their disability.
c) If the general education system does not meet a childs needs,
other special options should be available. But they must:
Have the same standards and objectives as the general education system.
Be provided so children can also be part of the general education
system as much as possible.
Allow real choice between general and special education systems.
Not stop or limit the continuing efforts to meet children with disabilities
needs in the general education system.
d) Countries that agree to this Convention will make sure that children
are able to be taught in sign language or Braille, and that they have
the same quality education as other children.
e) Countries that agree to this Convention will make sure that persons
with disabilities should have the same access as other people to vocational
training, tertiary education and lifelong learning, and help should
be given to make this happen.
Question:
Are there any other statements you think should be made about education?
If yes, what?
DRAFT ARTICLE 18
Participation in Political and Public Life
The countries that agree to this Convention recognise the political
rights of persons with disabilities without discrimination, and will:
a) Promote opportunities for persons with disabilities to be fully
involved in political and public life, including the right to vote and
be elected. To do this they should be sure:
That voting is easy to understand and accessible.
To protect the right of citizens to vote by secret ballot.
That help to vote is allowed for disabled citizens who want it.
b) Encourage persons with disabilities to be involved in public administration
and to participate in public affairs, including by:
Being involved on an equal basis in the activities of political
parties and civil society.
Forming and joining organisations of persons with disabilities to
represent persons with disabilities, nationally, regionally and locally.
c) Make sure persons with disabilities and their organisations can
take part in decision making on the same basis as other people, especially
on issues relating to disabilities.
Questions:
Do these statements cover government and non-government organisations
well enough?
If not, what else should be said?
DRAFT ARTICLE 19
Accessibility
The countries that agree to this Convention will stop barriers for
persons with disabilities to physical buildings, outdoor environments,
transport, information, communication and services, so people are assisted
to live independently and participate fully in life.
This should include:
a) Construction and renovations of public buildings, roads, schools,
housing, medical facilities, indoor and outdoor facilities and publicly
owned work places.
b) Development and fixing of public transport, communication and other
services.
The countries that agree to this Convention will also take action
to:
a) Have signs in Braille and easy to read and understand information.
b) Provide other help like readers, sign language interpreters and
guides.
c) Develop, put in place, and monitor minimum national standards for
accessibility.
d) Encourage private organisations and people who provide public services
and facilities to make them accessible.
e) Undertake research and development to help with new technology
and systems, and making sure that these are affordable.
f) Promote international cooperation and designs that are the same
all over the world.
h) Consult with and involve persons with disabilities when standards
or guidelines for accessibility are being developed.
i) Provide training for all on the accessibility issues facing persons
with disabilities.
Question:
Does this Article require further information to explain accessibility
in a clearer way? If yes, what?
DRAFT ARTICLE 20
Personal Mobility
The countries that agree to this Convention will make sure that persons
with disabilities can move with the greatest possible independence,
including by:
a) Assisting persons with disabilities to access mobility aids and
technology, including by making sure they dont cost a lot.
b) Designing aids and technology that is the same all over the world.
c) Doing and supporting research into developing new mobility aids
and technology.
d) Providing training in mobility skills to persons with disabilities
and staff working with them.
e) Assisting people to get around in the way they choose and at a
cost that they can afford.
f) Providing information about mobility aids and technology, help
and services available for persons with disabilities.
g) Promoting awareness about the mobility issues for persons with
disabilities.
Question:
Instead of having this article should its parts be put under other
articles? (For example a) and b) could go in the accessibility article)
DRAFT ARTICLE 21
Right to Health and Rehabilitation
The countries that agree to this Convention recognise that all persons
with disabilities have the same rights to a standard of health as other
people, without discrimination because of their disability. No person
with a disability should have this right taken from them.
The countries that agree to this Convention will make sure that health
and rehabilitation services are available, including by:
a) Making sure that persons with disabilities have the same opportunity
to health and rehabilitation as all other people.
b) Making sure that the health and rehabilitation services needed
by persons with disabilities are available.
c) Having health and rehabilitation services provided in peoples
own communities.
d) Providing programmes and services that provide time out on a voluntary
basis for persons with disabilities, including counselling and support
groups.
e) Providing programmes and services to protect people from further
disability.
f) Encouraging research and development to help benefit persons with
disabilities.
g) Making sure that there are enough health professionals who are
trained to meet the health and rehabilitation needs of persons with
disabilities.
h) Making sure that all health and rehabilitation professionals respect
the rights and dignity of persons with disabilities.
i) Making sure that people working in the areas of health and rehabilitation
have a code of ethics that includes quality care, openness, respect,
dignity and independence.
j) Making sure that health services are provided to persons with disabilities,
or that their information is shared, only if the person agrees and has
been told about their rights.
k) Preventing persons with disabilities from having unwanted medical
treatment.
l) Protecting the privacy of health and rehabilitation information
of persons with disabilities the same way other people are protected.
m) Involving persons with disabilities and their organisations in
developing health and rehabilitation legislation and policy.
Questions:
Is more information required about peoples rights? If yes, what?
Should the Article have anything about the prevention of disability?
Does the issue of Privacy need to be mentioned in this Article or
it is best covered in Article 14?
DRAFT ARTICLE 22
Right to Work
The countries that agree to this Convention recognise the right of
persons with disabilities to work, including the opportunity to earn
a living from work they choose. Persons with disabilities should be
protected from poverty.
To do this, the countries that agree to this Convention will:
a) Encourage a labour market and work environments that are open and
inclusive, and accessible to all persons with disabilities.
b) Make sure that there is access to services, assistance programmes,
placements, vocational and continuing education.
c) Promote employment, career advances, self-employment, and business
opportunities, and help persons with disabilities to find and keep employment.
d) Encourage and support employers to hire persons with disabilities.
e) Make it easy for persons with disabilities to be in the work place
and work environment by making sure reasonable allowances for them are
made.
f) Promote persons with disabilities to gain work experience in the
labour market.
g) Promote vocational and professional rehabilitation and programmes
to support persons with disabilities to return to work and keep their
jobs.
h) Make laws to protects persons with disabilities employment, equal
pay for equal work, equal opportunity, ability to complain, and their
trade union rights.
i) Make sure that persons with disabilities have the same opportunities
to find jobs in the government as other people do.
k) Promote recognition of the skills and abilities of persons with
disabilities in the workplace to change prejudices against them.
Questions:
Should the words open, inclusive, and accessible be defined?
Do you think transportation is covered in this Article?
DRAFT ARTICLE 23
Social Security and an Adequate Standard of Living
The countries that agree to this Convention recognise the right of
persons with disabilities to social security, without discrimination
because of their disability. The countries that agree to this Convention
will protect this right, including by making sure that:
a) Persons with disabilities have access to necessary services, equipment
and help for disability related needs.
b) Persons with disabilities have access to social security programmes
and assistance, and that their needs as persons with disabilities are
taken into account.
c) People with severe or multiple disabilities and their families have
help from the government, and are not living in poverty.
d) Persons with disabilities have access to government housing programmes.
e) Persons with disabilities have access to tax benefits in respect
to their income.
f) Persons with disabilities can get life and health insurance without
discrimination based on their disability.
The countries that agree to this Convention also recognise the right
of persons with disabilities to an adequate standard of living for themselves
and their families. This includes adequate food, clothing, housing,
access to clean water, and to always improving their living conditions.
Question:
Are there any other things that could help persons with disabilities
standard of living? If yes, what?
DRAFT ARTICLE 24
Participation in Cultural Life, Recreation, Leisure and Sport
The countries that agree to this Convention recognise the right of
persons with disabilities to take part in cultural life. They will take
action to make sure that:
a) Persons with disabilities have a chance to develop and use their
creative, artistic and intellectual potential.
b) Persons with disabilities have access to literature and writing
in formats such as Braille, sign and audio.
c) Persons with disabilities have access to television programmes,
film, theatre and other cultural activities, including with captioning
and sign language.
d) Persons with disabilities have access to cultural performances
and services such as libraries, museums, theatres and sites of national
importance.
e) People who are deaf have the support and recognition of their culture
and language.
The countries that agree to this Convention also recognise that persons
with disabilities have the same right as others to take part in recreation,
leisure and sports. They will take action to:
a) Encourage and promote involvement of persons with disabilities
in mainstream sports at all levels.
b) Make sure that persons with disabilities have a chance to organise
and participate in sport activities, and to receive the same training
and support as other people.
c) Make sure that persons with disabilities have the same access as
other people to sports and recreation venues, and also that children
with disabilities have the same access as other children to sports at
school.
Question:
Are there any other areas of cultural life, recreation, leisure and
sports that should be mentioned?
DRAFT ARTICLE 25
Monitoring
The countries that agree to this Convention will have a national plan
for putting in place the Convention, including by:
a) Making sure there is someone who is responsible for putting in
place the rules in the Convention, and that person will help to put
it in place in all parts of society.
b) Putting in place, maintaining, or strengthening a national system
to promote, protect and monitor the actions taken in relation to the
Convention
Question:
What other monitoring should occur?
How much monitoring should be international rather than self monitoring
by each country?
18 May 2004
SOC/2
HE Mr Kofi Annan
Secretary General
United Nations Headquarters
Dear Secretary-General
It is my pleasure to enclose an easy-to-read English version of the draft Convention on the Rights of Persons with Disabilities that was prepared in January by a working group of the Ad Hoc Committee on Disabilities.
The New Zealand Government prepared the easy-to-read English version to ensure access to consultations on the draft Convention for New Zealanders with lower reading comprehension skills, including persons with intellectual disabilities.
While this easy-to-read English version follows as closely as possible the Working Group's draft, it is not possible to fully translate all legal terms into plain language. We hope, however, that the plainer language version will be a useful tool to assist persons with disabilities who have difficulty reading complex material, to understand the issues covered in the draft Convention. We also hope this will also allow access for English speaking persons with disabilities in other countries to the processes surrounding the development of an international convention on their human rights.
I would be grateful if you could circulate this letter, and the easy-to-read English version, as a document of the Ad Hoc Committee on Disabilities.
Yours sincerely
Don MacKay
Permanent Representative
Permanent Mission of New Zealand to the United Nations
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