1. The attached Bangkok Draft - Proposed Elements for a Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities (“Bangkok Draft”) was adopted by the Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities, held from 14-17 October 2003, in Bangkok, Thailand.* The Bangkok Draft is intended as a contribution to the discussions on the elaboration of a comprehensive convention on the rights of persons with disabilities which are being conducted within the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons, established by General Assembly resolution 56/168 of 19 December 2001.
2. The Bangkok Draft draws on a number of sources. The primary framework for the structure and content of the document is the Bangkok Recommendations,** adopted by an expert group meeting of experts from the Asia-Pacific meeting held in Bangkok in June 2003; the text also reflects in part the output of a number of meetings held in other regions, as well as discussions at the sessions of the Ad Hoc Committee itself. The Workshop noted that the Bangkok Draft does not exhaustively address all the issues that could be dealt with by a new convention, but considered that it was important to address at least those issues which are included in the text.
3. The Bangkok Draft proceeds on the basis that persons with disabilities are entitled to the full enjoyment, on a basis of equality, of all internationally recognized human rights and fundamental freedoms, and it reaffirms those rights explicitly. It also recognizes that the distinctive contribution of a new convention on disability rights would lie in articulating the specific implications of those rights for persons with disabilities and the particular steps that States Parties must take in order to ensure that all persons with disabilities -- whether women or men, boys or girls. and irrespective of the nature, type of degree of disability -- fully enjoy the rights guaranteed. Accordingly, the Bangkok Draft does not restate in full all existing human rights and freedoms, but focuses primarily on a detailed articulation of those rights which address priority issues for persons with disabilities.
4. The Bangkok Draft consists of the following sections:
5. As the participants in the meeting considered that one important function of the outcome document of the meeting was to provide a range of ideas for discussion, the Bangkok Draft contains in a number of places proposed alternatives (for example in relation to the definition of disability); some provisions or phrases included in square brackets were not necessarily endorsed by the meeting, but the meeting considered that it was appropriate to include them for further discussion in the process of elaborating a convention. The meeting did not have sufficient time to propose suggested wording in relation to a number of topics that it considered should be addressed in a convention, but nevertheless considered that those topics should be included in the text of the Bangkok Draft; accordingly, a number of articles appear simply with a title.
BANGKOK DRAFT: PROPOSED ELEMENTS OF A COMPREHENSIVE AND INTEGRAL INTERNATIONAL CONVENTION ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF PERSONS WITH DISABILITIES, October 2003
TABLE OF CONTENTS
The States Parties to this Convention,
(a) Recalling that the United Nations has proclaimed and affirmed in the Universal Declaration of Human Rights and in the International Covenants on Human Rights that everyone is entitled to all rights and freedoms set forth therein without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status,
(b) Recognizing also that discrimination against all persons for reasons of any disability is a violation of the principles of equality of rights and respect for human dignity and hinders the participation - under equality of conditions - of persons with disabilities in civil, social, economic, political, and cultural life,
(c) Taking into consideration the international and regional instruments, declarations, norms, and programs adopted to promote human rights and non-discrimination against persons with disabilities,
(d) Noting with great satisfaction that the Standard Rules on the Equalization of Opportunities for Persons with Disabilities have played an important role in influencing the promotion, formulation, and evaluation of the policies, plans, programs, and actions at the national, regional, and international levels to further the equalization of opportunities by, for and with persons with disabilities,
(e) Stressing the relationship that exists between the present Convention and the Covenants on Human Rights and other human rights instruments, as well as the usefulness of the Standard Rules for implementing the content of this international instrument,
(f) Recognizing that, despite the numerous efforts made by governments, bodies and relevant organizations within the United Nations system and non-governmental organizations aimed at increasing cooperation and integration, as well as raising awareness about questions regarding disability since the adoption of the World Program of Action (1983-1992), these efforts have not been enough to eradicate violations and discrimination against persons with disabilities in different parts of the world,
(g) Recognizing that in order to achieve equality of opportunities for persons with disabilities, the exercise of all political, civil, economic, social, and cultural rights set forth in the International Covenants on Human Rights and other human rights instruments, must be guaranteed, as well as their accessibility to the physical environment, public transportation and information and communication, including information, communication and assistive technologies,
(h) Emphasizing the responsibility of States to eliminate obstacles and barriers for the full integration and participation in all spheres of social, economic, cultural, and political life -- under conditions of equality -- for persons with disabilities and vulnerable to multiple or aggravated discrimination,
(i) Concerned over the fact of the existence of social circumstances that contribute to increase the incidence of disability, which include extreme poverty, lack of healthcare attention, violence inside and outside the home, accidents, alcohol and drug abuse, inadequate administration in medical treatment, systematic violation of human rights, lack of proper care during the ageing process, environmental aspects and armed conflicts,
(j) Committed to take the necessary steps to reduce the causes that originate or worsen certain disabilities,
(k) Conscious of the world movement in favour of persons with disabilities and the efforts undertaken by these organizations and their representatives in raising awareness and recognition of the rights of persons with disabilities,
(l) Concerned over the fact of the existence of social, economic and political circumstances, which include extreme poverty; lack of healthcare attention especially in regard to integrated prevention and rehabilitation; violence inside and outside the home; accidents; alcohol and drug abuse; inadequate administration in medical treatment; systematic violation of human rights; lack of proper care during the ageing process; environmental factors and risks in the workplace; and armed conflicts which contribute to increasing the incidence of disability,
(m) Recognizing the rights of self-determination for persons with disabilities, the protagonist role of persons with disabilities in decision-making about the policies and programs that affect them is emphasized,
(n) Expressing concern that persons with disabilities continue to be excluded from major United Nations declarations and initiatives,
(o) Recognizing the profound social disadvantage of persons with disabilities, in both developing and developed countries, and the important contribution that a convention dealing specifically with the human rights of persons with disabilities could make to redressing this disadvantage;
(p) Recognizing the existing and potential contributions made by persons with disability to the overall well-being and diversity of their communities and that the promotion of the full enjoyment by persons with disabilities of 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 and the eradication of poverty,
(q) Emphasizing the importance of international cooperation in ensuring the full enjoyment of persons with disabilities and their full and equal enjoyment in development,
(r) Emphasizing that women and girls with disabilities suffer particular disadvantages, including marginalization and multiple discrimination, and that specific measures are needed to ensure full and effective enjoyment of their human rights and fundamental freedoms and full participation on the basis of equality,
(s) Recognizing that the continued denial of the human rights of persons with disabilities reflects deep-seated, persistent and invidious prejudice and stereotypes that persons with disabilities are incapable and unworthy of participating in and contributing to society and that a principal purpose of this Convention is to ensure that persons with disabilities are perceived as individuals worthy of respect who are full participants in and members of their societies,
(t) Recognizing the importance of achieving independent living for persons with disabilities,
(u) Recognizing that persons with severe and multiple disabilities, persons with intellectual disability, members of minority population groups with disabilities or indigenous persons with disabilities are subjected to multiple forms of discrimination, continued deprivation and neglect, and denial of their rights, and that there are compelling reasons for addressing their particular needs and those of their families,
Hereby agree as follows:
Objects of the Convention and underlying principles
1. The States Parties declare that the purpose of this Convention is to ensure that persons with disabilities enjoy the full range of human rights and fundamental freedoms set out in this Convention in the light of the following principles and irrespective of the origin, nature, degree, cause of a person’s disability:
(a) the principles of autonomy and self-determination of persons with disabilities to lead full and independent lives;
(b) the principle of full inclusion of persons with disabilities as equal citizens and participants in all aspects of life;
(c) the principle of diversity and recognition of the right to be different; and
(d) the principle of equality of women and men, girls and boys.
1. For the purposes of this Convention:
Fundamental human rights and freedoms
1. The States Parties to this Convention affirm that all human beings, including persons with disabilities, are born free and equal in dignity and rights and are entitled to the full and equal enjoyment of all human rights and fundamental freedoms. These rights and freedoms include:
2. In interpreting the scope of the rights listed in paragraph 1, regard shall be had to the formulation of the rights in the Universal Declaration of Human Rights and the principal United Nations human rights treaties, and in no case shall an interpretation of these rights under this Convention be less generous that the interpretation given to those rights under those other instruments.
General obligations of States Parties
1. States Parties:
2. States Parties agree to eliminate discrimination on the ground of disability and to promote the full enjoyment of all human rights and fundamental freedoms by persons with disabilities and to this end undertake:
3. In relation to the economic, social and cultural rights set forth in [Part III of] this Convention, States Parties undertake to give immediate effect to those aspects of those rights which are capable of immediate implementation (including, but not limited to obligations of non-discrimination in the enjoyment of those rights) and in relation to other aspects of those rights, to take steps to the maximum of their available resources with a view to achieving progressively the full realization of those rights by all appropriate means, including particularly the adoption of legislative measures.
Obligations in relation to remedies
1. Each State Party to this Convention undertakes:
(2) States Parties recognize that access to effective remedies may require the provision of free legal assistance to persons with disabilities and the modification or flexible application of existing laws and practice regulating matters of procedure and evidence.
Equality and non-discrimination
1. Each State Party to this Convention undertakes to respect, to ensure and to fulfil the rights recognized in the Convention for all individuals within its territory and subject to its jurisdiction, without discrimination of any kind on the ground of disability.
2. All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.
Equality of women and men with disabilities in the enjoyment of rights
1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination and that focused, gender-specific measures (including protective measures) will be necessary to ensure that women and girls enjoy all human rights and fundamental freedoms on the basis of equality with men and boys.
2. Each State Party undertakes to take all necessary measures to ensure the equal right of women and men with disabilities to the enjoyment of all rights set forth in this Convention.
Changing attitudes to disability
States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, civil society and the media, with a view to educating the community and combating prejudice, myths and stereotypes about the nature of disability and persons with disabilities.
Rights of persons living in rural or remote areas, in small island communities or in scattered populations
States Parties shall take into account the particular problems faced by persons with disabilities living in rural or remote areas, in small island communities or in scattered populations and shall take all appropriate measures to ensure the application of the provisions of this Convention to those persons.
Rights of persons with severe or profound disabilities
1. States Parties recognize that persons with severe or profound disabilities are at particular risk of violation of their human rights and fundamental freedoms and need special care and supportive services.
2. States Parties shall take all necessary measures to ensure that persons with such disabilities receive the special care and services they require, and are protected against abuse and neglect.
Right to life
Every person with disability has the inherent right to life and survival. This right shall be protected by law. No one shall be arbitrarily deprived of his or her life.
Right to be free from torture or cruel, inhuman or degrading treatment or punishment
1. No person with disability shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation [or intervention].
[2. Where any person with disability is unable to give free and informed consent, no intervention shall occur unless a form of consent is given on their behalf by a duly authorized authority. 4]
[2. Everyone has the right not to be subjected to forced or coerced interventions of a medical nature or otherwise, aimed at correcting, improving, or alleviating any actual or perceived impairment. 5]
4. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect persons with disabilities, in particular, women and children with disabilities, from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.
Right to liberty and security of the person
1. Every person with disability has the right to liberty and security of person.
2. Persons with disabilities shall not be detained, imprisoned or otherwise confined without their consent solely on account of their actual disability, unless such detention or confinement is authorised by a law which provides for detention or confinement of any person, which is strictly necessary for the preservation of public health or public safety or the rights of others, and which authorises detention or confinement only for such a period as is strictly required.
2. (a) Any person with disability who has been detained or confined shall have the right to challenge the legality and reasonableness of his or detention before an independent and impartial tribunal.
(b) This right includes the right to seek regular review of the detention or confinement (including the existence of a continuing justification for the detention or confinement):
3. Every person with disability shall have the right of recognition before the law with full legal capacity until the contrary is proven.
4. Persons with disabilities, regardless of the nature or seriousness of the disability shall be equal before the courts and tribunals and shall enjoy the right to judicial procedure without any discrimination based on disability.
5. In any matter related to or involving proceedings of any kind before a court or tribunal, or before an administrative or other authority:
Right of detainees to be treated humanely
Liberty of movement, immigration and asylum7
1. States Parties recognize the right of persons with disabilities to access the physical environment, public transportation and information and communication, including information, communication and assistive technologies, and shall take progressive measures, including through the development of detailed national standards, to ensure their freedom, independence and full participation in all aspects of life, especially in relation to access to:
2. States Parties should encourage the research, development and promotion of new technologies to assist in the promotion of persons with disabilities in all aspects of life.
Right to mobility
States Parties to this Convention recognize the right of all persons with disabilities to mobility, and shall take all necessary measures to ensure that:
Freedom of opinion and expression and the right to access to information and communication
1. The freedom of expression of persons with disabilities includes the right to communicate in a language or form of communication which they consider appropriate (including Braille or other communication modes), to have that mode of communication officially recognized, and to receive information and services in alternative communication modes from government, public authorities and other institutions or persons providing essential services.
2. The right to receive information includes the right to provision, in a timely manner and without additional cost, of all information in the public domain in formats that are accessible to all persons with disabilities (in particular those who are blind, partially sighted, and those who have intellectual disability or cognitive or learning impairments).
3. States Parties should provide all necessary support to enable the full realization of this right.
Equality in the linguistic field
States Parties undertake to improve those aspects of the linguistic environment which hinder or limit the participation of persons with disabilities and shall in particular take all necessary legal, political, administrative or other measures:
Right to respect for privacy, home, the protection of the family
and the right to marry
1. The family, in its various forms, is the fundamental group unit of society and is entitled to be protected by society and the State.
2. Persons with disabilities have the right to sexuality and to form intimate relationships with others. This right includes the right of all men and women with disabilities who are of marriageable age to marry and to found a family.
3. Persons with disabilities have an equal right to decide freely and responsibly on the number and spacing of their children and to have access to the information, reproductive and family planning education and the means necessary to enable them to exercise this right.
4. No marriage shall be entered into without the free and full consent of the intending spouses.
5. States Parties to this Convention shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.
6. Persons with disabilities shall enjoy equal rights with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation.
7. Persons with disabilities have the equal right to choose their own living arrangements, which may include establishing their own household, or living with their families, and to the necessary financial and other support in order to effect this choice.
8. States Parties shall criminalize domestic violence and abuse against family members with disabilities.
9. Persons with disabilities have the right to choose their way of life, such as where to live, with whom to live or live alone, or to have their own families and to the necessary financial and other support in order to effect this choice.
10. Persons with disabilities, regardless of the nature and severity of disability, have the right to live in the community without discrimination and with necessary support.
11. Parents with disabilities (including parents with intellectual and psychiatric disabilities) shall be entitled to ongoing and substantial social support and assistance to care for their children within the family unit. States Parties shall take all legislative and administrative measures necessary to ensure that children are not removed from parents with disability either directly or indirectly on the basis of their disability.
Right to live in and be a part of the community
1. States Parties recognize the right of all persons with disability to live in and be a part of the community, and shall take all necessary measures to ensure that:
2. This right includes the right not to reside in an institutional facility.
Rights of children with disabilities
1. Every child with disability shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his or her status as a minor, on the part of his or her family, society and the State.
2. Every child with disability shall be registered immediately after birth and shall have a name.
3. Every child with disability has the right to acquire a nationality.
4. States Parties recognize that children with disabilities should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active participation in the community.
5. States Parties recognize the right of children with disabilities to early detection, early intervention, special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child's condition and to the circumstances of the parents or others caring for the child.
6. Parents and families of children with disabilities have the right to appropriate information, referrals and counselling, and information made available in these ways should provide families with a positive view of children with disabilities and their potential and rights to live a full and inclusive life.
7. Recognizing the special needs of children with disabilities, assistance extended in accordance with paragraph 5 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child and shall be designed to ensure that a children with disability has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the child's achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development.
8. Children and young persons with disabilities should have the right to have access and participation to regular education services.
Right to participate in political and public life
1. States Parties recognize the political rights of persons with disabilities, without discrimination based on sex, and shall take measures to ensure the full participation in political life of persons with disabilities, especially:
2. (a) All persons with disabilities have the right to freedom of association.
(b) States Parties shall take all necessary measures to:
(c) No restrictions may be placed on the exercise of the right of freedom of association other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others..
4. States Parties shall take all appropriate measures to ensure to persons with disabilities, without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.
Rights of members of minorities
1. In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, persons with disabilities belonging to such a minority or who are indigenous shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
2. States Parties shall take all necessary positive measures to ensure that persons with disabilities who are members of minorities or who are indigenous have the equal opportunity to enjoy those rights.
Right to own and administer property
1. All persons with disabilities, particularly women with disabilities, have the right to own property alone, as well as in association with others.
2. No person with disability shall be arbitrarily deprived of his or her property.
3. Persons with disabilities shall have the equal right to bank loans and other forms of financial credit, to control their own financial affairs, and to run a business. Where a person with intellectual disability is not able to exercise this right, the legal guardian of that person shall be entitled to exercise the right on behalf of, and in the interests of, that person.
4. Persons with disabilities have the right, on the basis of equality with non-disabled persons, and equality between men and women, to inherit property.
5. States Parties shall take all necessary legislative and other measures to ensure effective protection of this right provide redress for against a breach of this right.
PART III 8
Right to health and rehabilitation
1. All persons with disabilities have the right to the enjoyment of the highest attainable standards of physical, psycho-social and mental health. This means that health and rehabilitation services and care must be available, accessible, affordable and acceptable to all persons with disabilities. Persons with disabilities shall have access to the same level of health and medical care as other members of society, in addition to any specific services and care that they may require as a result of their disability.
2. In order to achieve the full realization of this right, States Parties shall take appropriate measures including:
3. States Parties shall take all appropriate measures to provide necessary information, education and counselling to persons with disabilities, their families and care-givers, in order for them to participate fully and to make informed decisions concerning their management and care. The fundamental principle of the provision of health care and services to persons with disabilities should be that of informed choice and consent.
4. Persons with disabilities have the right to privacy and confidentiality. Medical records related to their disabilities shall not be disclosed to third parties without the person's own prior consent.
5. States Parties shall ensure that all health and rehabilitation services and care are respectful of the culture of all individuals, groups, minorities and persons with disabilities, and are sensitive to gender and of good quality.
6. Persons with disabilities and their organizations have the right to participate in decisions about the health and rehabilitation services they use. This includes taking a leading role in the formulation of legislation and policy as well as in the planning, delivery and evaluation of health and rehabilitation services.
Right to education
1. All persons with disabilities have the right to education. Education shall be directed to the full development of the human potential and the sense of dignity, and shall strengthen respect for human rights and fundamental freedoms
2. The right to education shall include the right of all children with disabilities to inclusive education in their own community (including access to early childhood intervention and pre-school readiness for inclusion within the general school system), and the right to any required support including accessible curriculum, medium and technologies, learning strategies, physical environment etc. to ensure full participation of students with disabilities in that system.
3. Where the general school system does not yet adequately meet the needs of persons with disabilities, special and alternative forms of learning may be made available. However, these should be aimed at preparing students for education in the general school system and the quality of education provided should reflect the same standards and objectives as that provided in the general schools system
4. Where there is a need for specific augmentation and alternative communication modes, these should be made available within the general or the special education school.
5. Children with hearing disabilities have the right to receive education through sign language. Each State Party shall take legislative, administrative, political and other measures needed to provide quality education using sign language, by ensuring the employment of deaf teachers and hearing teachers who are fluent in sign language.
6. Persons with disabilities have the right to equal access to tertiary education, vocational training and adult education on the basis of equality with others and have the right to necessary financial or alternative support to ensure effective access.
7. States Parties shall take all appropriate measures to ensure that the curricula of all teacher training schools are modified to include the component of inclusive education. States Parties must also provide for in-service training of its existing personnel in inclusive education.
Right to work
1. Persons with disabilities have the right of access to productive resources and services and the right to work, which includes the right to gain a living by work which he or she freely chooses or accepts. Such right also includes the right of access to the workplace and to reasonable accommodation in all aspects of the recruitment and hiring process, as well as on the job, with a view to promoting equal opportunity and treatment of persons with disabilities as compared to non-disabled workers.
2. States Parties will take appropriate steps to safeguard [promote and fulfil] this right as follows:
Rights to social security and to an adequate standard of living
1. States Parties recognize the right of all persons with disabilities to social security, social insurance, social services and an adequate quality of life.
2. States Parties recognize the right of all persons, including persons with disabilities, to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
3. For persons with disabilities, this right shall include access to necessary services, devices and other assistance for disability-related needs.
4. States Parties recognize the right of members of the families of persons with severe and multiple disabilities living in situations of poverty, to receive assistance from the State to cover disability-related expenses (including respite care), which should not become a disincentive to develop themselves.
Right to take part in cultural life, recreation and leisure
1. States Parties recognize the right of all persons with disabilities to take part in cultural life and shall take all necessary measures to ensure that persons with disabilities:
2. States Parties shall take all necessary 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.
3. Persons who are deaf shall be entitled to recognition and support of their specific cultural and linguistic identity.
4. States Parties recognize the right of all persons with disabilities to take part in leisure activities, including sporting activities, and shall take all necessary measures to ensure that persons with disabilities:
Right to universal/inclusive design
States Parties to this Convention recognize the right of all persons with disability to universally [inclusively] designed goods, services, equipment and facilities, which require the minimum possible adaptation and cost to meet the specific needs of an individual with disability.
Restrictions on economic, social and cultural rights
States Parties may subject the rights guaranteed in Part III of this Convention only to such limitations are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.
OTHER STATE OBLIGATIONS
Collection of statistics and data
1. States Parties should adopt a terminology and classification of disabilities in accordance with the internationally accepted standards and norms, and harmonize the national classification system, and process the data accordingly.
2. States Parties should collect at regular intervals disability-related information through national census and household surveys, undertaken in close collaboration with organizations of persons with disabilities and research bureaus. This data should include information on issues including gender, indigenous peoples, minorities, persons living in rural or remote areas and other relevant groups.
3. States Parties shall collect, analyze, and codify statistics and information on disabilities and establish a central data bank. Measures shall be taken to make the information accessible and available to all categories of persons with disabilities, organizations of persons with disabilities and others, particularly those at all levels of political and administrative policy planning. These measures shall bear in mind the need to protect individual privacy.
4. States Parties should initiate and support programmes of research on access and participation of persons with disabilities in all areas within the scope of this Convention which affect the lives of persons with disabilities, their families and associates.
5. States Parties should promote active participation of persons with disabilities at all stages in data collection and research, policy development, implementation and evaluation.
National implementation framework
1. States Parties shall establish a framework at the national level to monitor, promote and enforce compliance with this Convention. This should include an independent national institution:
2. In particular, States Parties should ensure that the responsibility for matters relating to the implementation of this Convention is allocated to a specific focal point within government.
3. States Parties shall adopt a procedure which will ensure that all new legislative, policy or program proposals evaluated during their development in order to assess their impact on position of persons with disabilities.
Publicity for the Convention and work of the Committee
Each State Party undertakes to make widely known and to give publicity to the Convention and to the views and recommendations of the Committee established under Part V of this Convention, in particular on matters involving that State Party.
Relationship between Convention and other conventions and national laws
1. Nothing in the present Convention shall affect more favourable rights or freedoms granted to persons with disabilities by virtue of:
2. Nothing in the present Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act that would impair any of the rights and freedoms as set forth in the present Convention.
APPLICATION OF THE CONVENTION
Establishment of Committee
1. For the purpose of reviewing the implementation of this Convention, there shall be established a Committee on the Protection of the Rights of Persons with Disabilities (hereinafter referred to as "the Committee");
2. The Committee shall consist, at the time of entry into force of this Convention, of , ,  experts of high moral standing, impartiality and shall have a recognized competence in the field covered by the Convention. These Committee shall:
3. Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties, due consideration being given to equitable geographical distribution, experience of disability, , and to the representation of the principal legal systems.
4. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.
5. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.
6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.
7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;
8. The members of the Committee shall be eligible for re-election if renominated, but no person may serve more than two full terms on the Committee.
9. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.
10. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
11. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.
12. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Reporting by States Parties
1. States Parties undertake to submit to the Secretary-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.
2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.
2. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared with extensive and wide-ranging consultation with organizations of persons with disabilities.
3. The Committee shall adopt any further guidelines relating to the to the content of the reports which it considers appropriate.
4. States Parties shall make a draft of their reports widely available to the pubic in their own country in local languages and accessible formats [, [4,  months] prior to the finalisation of the report and its submission to the Secretary-General.
4. States Parties shall make their reports widely available to the public in their own countries in local languages and in accessible formats as soon as possible after the State Party has submitted its report to the Secretary-General.
Consideration of reports
1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.
2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.
3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.
4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.
5. The Committee shall request the specialized agencies and organs of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.
6.. The Committee may invite representatives of specialized agencies and organs of the United Nations, as well as of intergovernmental organizations, to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.
7 The Committee may seek technical assistance from the specialized agencies of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.
8. The Committee may recommend areas of cooperation among States Parties and other competent bodies that will facilitate the implementation of this Convention. To this end, the Committee shall make its recommendations to the Secretary-General of the Untied Nations.
9.. The Committee may invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.
10. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties.
11. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.
Administration of the Committee
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years and the chairperson of the Committee shall be a person with disability.
3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting every year.
4. The meetings of the Committee shall be held at United Nations Headquarters and on a rotational basis at the offices of the regional commissions of the United Nations..
Article 41 10
Acceptance of competence of the Committee to receive individual communications
1. A State Party to the Convention may at any time declare under the present article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim that their individual rights as established by the present Convention have been violated by that State Party.
2. Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.
3. Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.
Exhaustion of domestic remedies and admissibility conditions
1. The Committee shall not consider a communication unless it has ascertained that all available domestic remedies have been exhausted, unless the application of such remedies is unreasonably prolonged or unlikely to bring effective relief.
2. The Committee shall declare a communication inadmissible where:
Requests for interim measures
1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of the present article, this does not imply a determination on admissibility or on the merits of the communication.
Transmission of communication to State Party
1. Unless the Committee considers a communication inadmissible without reference to the State Party concerned, and provided that the individual or individuals consent to the disclosure of their identity to that State Party, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned.
2. Within three months, the receiving State Party shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been provided by that State Party.
Consideration of communications, adoption of views and follow up
1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and by the State Party concerned, provided that this information is transmitted to the parties concerned.
2. The Committee shall hold closed meetings when examining communications under the present Protocol.
3. After examining a communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned.
4. The State Party shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a written response, including information on any action taken in the light of the views and recommendations of the Committee.
5. The Committee may invite the State Party to submit further information about any measures the State Party has taken in response to its views or recommendations, if any, including as deemed appropriate by the Committee, in the State Party's subsequent reports under article 38 of the Convention.
1. If the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in the Convention, the Committee shall invite that State Party to cooperate in the examination of the information and to this end to submit observations with regard to the information concerned.
2. Taking into account any observations that may have been submitted by the State Party concerned as well as any other reliable information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently to the Committee. Where warranted and with the consent of the State Party, the inquiry may include a visit to its territory.
3. After examining the findings of such an inquiry, the Committee shall transmit these findings to the State Party concerned together with any comments and recommendations.
4. The State Party concerned shall, within six months of receiving the findings, comments and recommendations transmitted by the Committee, submit its observations to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation of the State Party shall be sought at all stages of the proceedings.
Follow-up to report of inquiry
1. The Committee may invite the State Party concerned to include in its report under article 38 of the Convention details of any measures taken in response to an inquiry conducted under article 46 of the Convention.
2. The Committee may, if necessary, after the end of the period of six months referred to in the preceding article, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.
Provision for State Party to opt out of inquiry procedure
1. A State Party may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 45.
2. Any State Party having made a declaration in accordance with paragraph 1 of the present article may, at any time, withdraw this declaration by notification to the Secretary-General.
Protection against retaliation
A State Party shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill treatment or intimidation as a consequence of communicating with the Committee pursuant to the Convention.
Annual report of the Committee
The Committee shall include in its annual report under article 39 of the Convention a summary of its activities under the individual communications procedure and the inquiry procedure.
The Secretary-General of the United Nations is designated as the depositary of This Convention.
Signature, ratification and accession
1. This Convention shall be open for signature by all States. It is subject to ratification.
2. This Convention shall be open to accession by any State.
3 Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
Entry into force of the Convention
1. This Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of the twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after its entry into force, the Convention shall enter into force on the first day of the month following a period of three months after the date of the deposit of its own instrument of ratification or accession.
Amendment or revision of the Convention
1. After five years from the entry into force of the Convention a request for the revision of the Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting shall be submitted to the General Assembly for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States Parties that have accepted them, other States Parties still being bound by the provisions of This Convention and any earlier amendment that they have accepted.
1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of signature, ratification or accession.
2. A reservation incompatible with the object and purpose of the Convention shall not be permitted.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.
Disputes between States Parties
1. Any dispute between two or more States Parties concerning the interpretation or application of the Convention that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2. Each State Party may at the time of signature or ratification of the Convention or accession thereto declare that it does not consider itself bound by paragraph 1 of the present article. The other States Parties shall not be bound by that paragraph with respect to any State Party that has made such a declaration.
3. Any State Party that has made a declaration in accordance with paragraph 2 of the present article may at any time withdraw that declaration by notification to the Secretary-General of the United Nations.
1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.
3. The United Nations shall publish the text of the Convention in the official languages of the United Nations in formats which are accessible for persons with disabilities, including Braille, large print, audio, multimedia, easy to understand versions for persons with cognitive disabilities, and other alternative formats, as well as on an accessible website.
** Bangkok Recommendations on the Elaboration of a Comprehensive and Integral International Convention to Promote and Protect the Rights and Dignity of Persons with Disabilities, E/ESCAP/EGM-PWD/Rep, 4 June 2003, available at http://www.un.org/esa.socdev/enable/rights/a_ac265_2003_crp10.htm.
1. Paragraphs (a) to (k) are derived from the Working paper by Mexico, A/AC.265/WP.1, Mexican Draft, with changes only to paragraph (g). Paragraphs (l) and (m) are derived from the Compilation of the results of the working groups of the Seminar, Américas regional seminar and workshop on norms and standards related to the rights of persons with disabilities and development, Quito, Ecuador, 9-11 April 2003. Paragraphs (n) to (u) were added by the Bangkok meeting.
2. Participants expressed concern that any formulation adopted should respect the goal of full inclusion of persons with disabilities and the right of persons with disabilities to choose the most appropriate manner for receiving services, and should not permit or encourage States to adopt separate or segregated provision of goods or services in a manner not conducive to the full realization of the rights of persons with disabilities.
4. Participants noted that, if a provision along these lines were included, it would be necessary to define the concepts of "informed consent" and “duly authorized authority”. Some participants were of the view that compulsory intervention on the grounds of psychiatric disorder was violation of human rights.
6. Participants noted that there was a need for further consideration of issues such as the physical and information access for persons with disability and access to necessary treatment, facilities and supportive services.]
7. Participants noted that there is a need for further consideration of the application of guarantees of non-discrimination and equal opportunity for persons with disability in relation to immigration and asylum law and practice.
"Right to Independent Living
1. States Parties recognize the right of persons with disabilities to Independent Living.
2. In particular, States Parties recognize the right of persons with disabilities: