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UN Programme on Disability   Working for full participation and equality

AD HOC COMMITTEE ON
AN INTERNATIONAL CONVENTION

Documents and contributions
NGO Participation

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COMPILATION OF PROPOSALS
FOR ELEMENTS OF A CONVENTION

5 January 2004


PART V.    GUARANTEE OF EQUALITY AND NON-DISCRIMINATION


 

Index

PART I. Preamble
PART II. Statement of Objectives and General Principles
PART III. Scope/Definitions
PART IV. General Obligations of States Parties
PART V. Guarantee of Equality and Non-Discrimination
I. GENERAL COMMENTS
Governments
     European Union
     Japan
     New Zealand
NGOs
     WNUSP
Others/Individuals
     Coalition Eastern Europe
II. SPECIFIC PROPOSALS
Chairman of the Ad Hoc Committee
     Chair's draft
Governments
     China
     EU Proposal
     India
     Mexico
     Venezuela
IGOs/Regional Meetings
     Seminar of Quito
     Bangkok Draft
NGOs
     DPI Japan
     WNUSP
Others/Individuals
     On-line Consultation
PART VI. Guarantee of Specific Rights
PART VII. Monitoring Mechanisms
PART VIII. Final/General Provisions

GENERAL COMMENTS

Governments

European Union:

  • For the purpose of the present Convention, a definition of direct and indirect "discrimination on the grounds of disability" is needed

In order to secure non-discrimination of persons with disabilities, States Parties to the present Convention undertake in particular to:

  • Recognise the identity of persons with disabilities as individuals, with equal rights before the law.
  • Adopt appropriate legislative and other measures prohibiting discrimination against persons with disabilities including by modifying or abolishing existing laws, regulations, customs and practices which have the effect of creating or perpetuating such discrimination.
  • Address the issue of reasonable accommodation.
  • Take appropriate measures to promote the right of persons with disabilities to the enjoyment of the highest attainable standard of physical and mental health and to facilitate access to social and health services.
  • Promote awareness throughout society about disability and the rights and contribution of persons with disabilities.
  • Take measures to combat prejudice and overcome negative stereotypes of persons with disabilities.

In order to secure equality of opportunity of persons with disabilities States Parties to the present Convention undertake in particular to:

  • Take steps to ensure the full enjoyment of all human rights and fundamental freedoms through, inter alia, positive actions and strategies.
  • Take measures to enable persons with disabilities to take full advantage of the right to education and to access vocational and continuing training.
  • Take measures to promote employment opportunities including free vocational choice for persons with disabilities in enabling them to exercise the right to work and enjoy just and favourable labour conditions.
  • Promote the availability of all appropriate forms of assistance and the development of Design for All and technology which contribute to participation and integration.

Japan:
iii. Special measures which are not considered discrimination
Adoption by State Parties of special measures aimed at accelerating de facto equality between persons with and without disabilities and special measures aimed at protecting persons with disabilities shall not be considered discrimination.

New Zealand:
New Zealand considers that the Convention should contain a general guarantee of equality and non-discrimination in the enjoyment of the rights set forth in the Convention, as well as a free-standing guarantee of equality and non-discrimination as set out in article 26 of the International Covenant on Civil and Political Rights.

In relation to people who experience double disadvantage the Convention should make specific reference to the right to equality and non-discrimination in the enjoyment of human rights and fundamental freedoms for disabled women, children, minority ethnic or cultural groups and indigenous peoples.

NGOs

WNUSP
Submission December 2003

3. Statement on direct and indirect discrimination

Direct and indirect discrimination are both covered by the standard human rights definition of discrimination contained in CERD, CEDAW, and the Inter-American Convention on the Elimination of Discrimination Against Persons with Disabilities. The protection against discrimination is a fundamental norm and is not subject to limitations. Any definition that purports to allow justification of some practices that might constitute indirect discrimination would give us a substandard treaty.

OTHERS/INDIVIDUALS

Coalition Eastern Europe:
(a) Equality before the law and entitlement to an equal protection of the law

States Parties should ensure that national legislation includes the rights and obligations of persons with disabilities on an equal basis with the other members of the community. Thus, States are obliged to ensure that people with disabilities exercise their rights, including their human, civil and political rights, on an equal basis with other citizens. States must ensure that organisations of persons with disabilities are involved in the development of national legislation regarding the rights of people with disabilities, as well as in the ongoing evaluation of that legislation.

State Parties should have the duty to ensure the right of people with disabilities to a fair juridical defence and assistance from the office. State Parties should also have the duty to ensure the right of people with disabilities to special treatment during arrest and detention. States may also consider establishing formal statutory complaint mechanisms in order to protect the interests of persons with disabilities.


SPECIFIC PROPOSALS

Chairman of the Ad Hoc Committee

Chair's draft:

Article 6
Equality and non-discrimination

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 disability, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

Article 7
Equality of women and men with disabilities in the enjoyment of rights

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.

Article 8
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.

Article 9
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.

Article 10
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.

Governments

China:
Article 3

The States Parties should adopt legislative measures to recognize the rights of persons with disabilities, to eliminate all forms of discrimination against persons with disabilities and to improve status of disabled persons, including:

  1. To incorporate the principle of equality and non-discrimination for all people in their national legislations, amend or abolish any legislation that permits the contrary;
  2. To encourage in their national legislations the independence of persons with disabilities and for the full participation in economic, social, cultural and political life of persons with disabilities on equal footing.

The positive or compensatory legislation or public policy adopted by the States Parties aimed at providing preferential treatments to persons with disabilities for accelerating the achievement of de facto equality of persons with disabilities shall not be considered discrimination as defined in this Convention.

EU Proposal:

NON-DISCRIMINATION

Article 3

For the purpose of the present Convention, the term "discrimination on the grounds of disability" shall mean any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise on an equal footing by persons with disabilities of all human rights and fundamental freedoms.

  1. Direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on the grounds of disability;
  2. Indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put a person having a disability at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary or unless measures are taken to eliminate that disadvantage.

Article 4

Special measures aimed at accelerating de facto equality of persons with disabilities shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

Article 5

In order to secure non-discrimination of persons with disabilities, States Parties to the present Convention undertake in particular to:

  1. recognise the identity of persons with disabilities as individuals with equal rights before the law and guarantee equality before the law, without discrimination against persons with disabilities;
  2. take all appropriate measures to eliminate discrimination against persons with disabilities by any person, organization or enterprise;
  3. take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect or purpose of creating or perpetuating such discrimination wherever it exists;
  4. take appropriate steps, including by legislation, to provide reasonable accommodation defined as modifications or adjustments necessary to guarantee to persons with disabilities the enjoyment or exercise on an equal footing of all human rights and fundamental freedoms unless such measures would impose a disproportioniate burden;
  5. take appropriate measures to achieve progressively the full realisation of the right of persons with disabilities to the enjoyment of the highest attainable standard of physical and mental health and to facilitate access to social and health services;
  6. promote awareness throughout society about disability and persons with disability, including inter alia their rights, needs, potential and contribution;
  7. take measures to combat prejudice against persons with disabilities.

PART II: EQUALITY OF OPPORTUNITY

Article 6

In order to secure equality of opportunity of persons with disabilities States Parties to the present Convention undertake in particular to:

  1. take steps to ensure the full and equal enjoyment of all human rights and fundamental freedoms, which may include, where appropriate, positive actions and strategies;
  2. take measures to enable persons with disabilities to take full advantage of the right to education and to access vocational and continuing training;
  3. take measures to promote employment opportunities including free vocational choice for persons with disabilities so as to enable them to exercise the right to work and enjoy equal conditions of work;
  4. promote the development and availability of design for all, technology and appropriate forms of assistance and support to persons with disabilities.

India:

Article 4: Affirmative Action

In order to ensure equality of rights and opportunities for persons with disabilities, State Parties shall promote, among others, appropriate affirmative measures.

(a) Establish in their national legislations, the necessary affirmative measures, policies and programmes to encourage the autonomy of persons with disabilities for full participation, under conditions of equality, in all spheres of civil society addressing life-span issues from birth to death.

(b) State Parties shall undertake additional measures to protect those persons with disabilities who face situations of vulnerability and multiple discriminations such as women with disabilities, persons with severe disabilities, young children with disabilities, senior citizens with disabilities and disabled persons living in conditions of poverty, destitution and abandonment.

(c) State Parties shall undertake specific measures to ensure that persons with disabilities are protected from abuse, exploitation and neglect and from moral and material abandonment.

(d) State Parties shall ensure the rights to life and survival for persons with disabilities and to their development, and to participation to the fullest extent possible in conditions of freedom, dignity and equality.

Article 5: Awareness of Civil Societies

State Parties shall promote the changing of stereotypes, socio-cultural and traditional malpractices, or any other act, which constitutes an obstacle for persons with disabilities or their families in the exercise of their rights. To this end, State Parties shall:

(a) Adopt measures to raise the public awareness about the rights, needs and concerns of persons with disabilities, at all forms of information campaigns using multiple channels of communication, which include traditional folk media as well as print and electronic media.

(b) Educate, sensitize and encourage the mass media to project a positive and non-stereotypical image of persons with disabilities and their families.

(c) Encourage and ensure the participation of disabled people's organizations, parents organizations and developmental organizations in the execution of these measures.

(d) Promote information dissemination campaigns to raise the awareness of society and encourage, sensitization and training courses for public officials in all sectors regarding the rights contained in this Convention.

Mexico:
Article 4

  1. In order to guarantee equality of rights and opportunities for persons with disabilities, States Parties shall promote, among others, positive or compensatory measures.
  2. States Parties shall adopt specific measures to protect persons with disabilities who are in special situations of vulnerability.

Article 5

States Parties shall promote the changing of stereotypes, socio-cultural patterns, customary practices, or of any other nature, which constitute an obstacle for persons with disabilities or their families in the exercise of their rights. To this end, States Parties shall:

  1. Adopt measures to raise society's awareness regarding the rights and needs of persons with disabilities, including the creation of awareness programs at all levels of formal education.
  2. Encourage the mass media to project a positive and non-stereotype image of persons with disabilities and their families.
  3. Guarantee the participation of disabled people's organizations in the execution of these measures.
  4. Promote dissemination campaigns to raise the awareness of society and training courses for public officials regarding the rights contained in this Convention.

Venezuela:
Article 4

Equality of opportunity
Adoption by States parties of positive or compensatory legislation or public policies which establish differential treatment aimed at promoting de facto equality of opportunity for persons with disabilities shall not be considered discrimination. These special measures shall be discontinued when the objectives of equality of opportunity and treatment and the other objectives for which they were developed have been achieved.

Article 5

Special Situations of Vulnerability
States parties undertake to adopt the specific measures necessary in all areas covered by this Convention in order to promote and protect the rights and dignity of persons with disabilities, especially those who are in special situations of vulnerability by reason of their sex, age, race, ethnic origin or other status.

Article 7

Promotion of changes in attitudes
States parties shall promote the modification of stereotypes, social and cultural patterns, customary practices and any other type of practices which lead to segregation or discrimination or which prevent persons with disabilities from exercising their rights. To this end, States parties shall:

  • Adopt measures to raise society's awareness of the rights and needs of persons with disabilities, including the creation of awareness-raising programmes at all levels of mainstream education;
  • Encourage the media to project a positive, non-stereotypical image of persons with disabilities and their families;
  • Develop media campaigns to inform the persons concerned and the general public of existing programmes aimed at improving opportunities for persons with disabilities;
  • Guarantee the participation of organizations of persons with disabilities in the implementation of these measures.

IGO/Regional meetings

Seminar of Quito:
suggested the following additions to the text presented by Mexico:

On article 4:

Suggested title: Special Measures

  1. In order to guarantee equality of rights and opportunities for persons with disabilities, States Parties will adopt, among others, positive discrimination or affirmative action measures and reasonable accommodations.

The Seminar proposed a new article:
New principle Universal Design: Accessible design of environment: include universal, accessible design of Information (ICT, electronic devices). Include the concept of reasonable accommodation. See Manila Declaration (www.worldenable.net/manila2003). (See also Std. Rule #5) Rule 5- new article needed on accessibility, physical environment and communication technology / other technologies. "Alternatives".

On article 5:

Suggested Title: Culture, social consciousness and the mass media

  1. Adopt measures to raise society's awareness regarding the rights and needs of persons with disabilities, including the creation of awareness programs at all levels of formal education.
  2. Encourage the mass media to project a realistic, accurate and non-stereotyped image of persons with disabilities and their families.


Add:
Train social actors
Raise awareness among the principal agents of socialization: family, school
Promote awareness raising and training of public officials and other social actors about the rights contained in the present convention.

Bangkok Draft:
Article 3       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:
    1. the right to life (as recognized in article 6, ICCPR)
    2. the right to be free from torture or cruel, inhuman or degrading treatment or punishment (as recognized in article 7, ICCPR)
    3. the right to integrity of the person (as recognized in article 7, ICCPR and article 19, CRC)
    4. the right to be free from slavery, servitude and forced or compulsory labour (as recognized in article 8, ICCPR)
    5. the right to liberty and security of the person (as recognized in article 9, ICCPR)
    6. the right of detainees to be treated humanely (as recognized in article 10, ICCPR)
    7. the right to liberty of movement (as recognized in article 12, ICCPR)
    8. the right to recognition as a person before the law (as recognized in article 16, ICCPR)
    9. the rights before the courts and tribunals (as recognized in articles 14 & 15, ICCPR)
    10. the right to respect for privacy, home and family before the courts and tribunals (as recognized in article 17, ICCPR)
    11. the right to freedom of thought, conscience and religion (as recognized in article 18, ICCPR)
    12. the right to freedom of opinion and expression and the right of access to information (as recognized in article 19, ICCPR)
    13. the right to freedom of assembly (as recognized in article 21, ICCPR)
    14. the right to freedom of association (as recognized in article 22, ICCPR and article 9, ICESCR)
    15. the right to protection of the family and the right to marry (as recognized in article 23, ICCPR and article 10, ICESCR)
    16. the rights of the child (as recognized in article 24, ICCPR and article 23, CRC)
    17. the right to participate in political and public life (as recognized in article 25, ICCPR and article 7, CEDAW)
    18. the rights to participate in public life at the international level (as recognized in article 8, CEDAW)
    19. the right to equality before the law and equal protection of the law (as recognized in article 26, ICCPR)
    20. the rights of members of minorities (as recognized in article 27, ICCPR and article 30, CRC), and
    21. the right to own and administer property (as recognized in article 17, UDHR and article 13, CEDAW)
    22. the right to work (as recognized in ICESCR, article 6)
      1. the right to just and favourable conditions of work (as recognized in ICESCR, article 7)
      2. the right to social security (as recognized in ICESCR, article 9)
      3. the right to an adequate standard of living (as recognized in ICESCR, article 11)
      4. the right to health (as recognized in ICESCR, article 12)
      5. the right to education (as recognized in ICESCR, article 13), and
      6. the right to take part in cultural life and leisure (as recognized in ICESCR, article 15).
  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.

Article 6      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.

Article 7      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.

Article 8      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.

Article 9       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.

Article 10       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.

NGOs

DPI Japan:

Chapter 1 Freedom from discrimination

Persons with disabilities shall be free of all forms of discrimination

Section 1. Local community life

Right to local community life

Persons with disabilities, whatever the kind and the degree of their disabilities, have the right to live within their local community without being discriminated.

Prohibition of discrimination related to community life

Discrimination of persons with disabilities concerning their right to (local) community life, must be understood as any situation in which persons with disabilities are given a treatment different from the one given to persons without disabilities, and is prohibited. The following situations shall particularly be considered as such discrimination.

  1. To force a person with disabilities, against its will, to live in a home for persons with disabilities.
  2. To refuse tenants with disabilities in public or private residences, on the ground of their disabilities.
  3. To refuse participants with disabilities in social activities, on the ground of their disabilities.
  4. To restrict the right of persons with disabilities to date, to marriage, to childbirth and or to child care, on the ground of their disabilities.
  5. To restrict and or deny the right of persons with disabilities as parents.

Section 2. Movement

1. Right to freedom of movement

Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights to freedom of movement as people without disabilities.

2. Prohibition of discrimination related to movement

'Discrimination related to movement' shall mean situations in which persons with disabilities are treated differently from persons without disabilities, and is prohibited. The following situations shall particularly be considered as such discrimination.

  1. Design, architecture, and or operations that interfere with the free movement and or access of persons with disabilities to the facilities listed below,
    • roads and pavement,
    • Public transportation facilities such as train stations, bus terminals, airports, harbours, railways, buses, taxis, aircraft, shipping.
  2. Restrictions upon and denial of free movement and access of persons with disabilities to transport facilities, on the ground of their disabilities.
  3. Organization of transportation paths and devices for persons with disabilities, against their will.

Section 3. Housing and access to buildings

1. Rights as to housing and access to buildings

Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights as persons without disabilities in use and residence of housing and buildings without suffering discrimination based on their disabilities. For the purposes of the Convention, 'buildings' shall mean any building, whether public or private.

2. Prohibition of discrimination as to housing and access to buildings

'Discrimination against persons with disabilities as to housing and access to buildings' shall mean situations in which persons with disabilities, regardless of their identity or their number, experience differential treatment compared to persons without disabilities, and shall be prohibited. For the purposes of the Convention, 'differential treatment' shall mean the following situations.

  1. Restriction or refusal of rent, sale, use and, or residence to persons with disabilities, on the ground of their disabilities.
  2. Organization of particular paths and devices for their use by persons with disabilities. When the building is located within a larger propriety, this shall apply to passages located within the propriety that connect the building to the external environment,.

Section 4. Use and Access to Goods and Services

1. Right to Use and Access to Goods and Services

Persons with disabilities, regardless of the nature and the seriousness of their disabilities, have equal rights as persons without disabilities to use and access to any goods, services and programs, such as commercial products, public installations and facilities, advantages, commercial and service trade, and shall not be discriminated on the ground of their disabilities.

2. Prohibition of Discrimination as to Use and Access to Goods and Services

For the purposes of the Convention, 'discrimination against persons with disabilities as to use and access to goods and services' shall mean situations in which persons with disabilities, regardless of their identity or their number, experience differential treatment compared to persons without disabilities, and shall be prohibited.

For the purposes of the Convention, 'differential treatment' shall mean such situations as follows:

  1. Restrictions or denial of use and access to goods and services, on the ground of their disabilities.
  2. Specific conditions of use and access against the will of persons with disabilities, and
  3. Restrictions or denial of use and access to services and programs, on the ground of their disabilities.

Section 5. Information and Communication

1. Rights to Information and Communication

  1. Persons with disabilities have the right to use and access by all means to all kinds of information, and the right to express.
  2. Persons with disabilities, have the right to require State parties and local governments to take measures to guarantee their rights to use the devices listed at Part I General Provisions, article 7.


2. Prohibition of Discrimination as to the Rights to Information and Communication.

Any attempt to restrict the rights of persons with disabilities mentioned at paragraph 1 alinea 1 and 2 on the ground of their disabilities, or any negligence to guarantee these rights shall be considered as discrimination against persons with disabilities as to these rights, and is prohibited.

Section 6. Education

1. Right to Education

  1. Persons with disabilities, at every stage of their life, have the right to be integrated to the education of the persons without disabilities of their age. Notwithstanding, children with hearing impairment have the right to receive education in-group through sign language.
  2. Persons with disabilities, at every stage of their life, have the right to individual support in receiving education as described at alinea 1.
  3. Persons with disabilities and their representatives have the right to take part in the designing of, to receive information on and to make opposition to their individual support program.

2. Prohibition of Discrimination in Education

For the purposes of the Convention, 'discrimination against persons with disabilities as to education' shall mean such situations as follows.

  1. Educational policies that, as a general rule, do not provide persons with disabilities with the opportunity to receive an education integrated to that of persons without disabilities.
  2. Educational policies as described in alinea (1) that do not provide for education through sign language in schools designed for children with hearing-impairment.
  3. Educational policies as described in alinea (1) that do not provide for the necessary individual support to persons with disabilities.
  4. Shortage of information about the facilities and the support needed to receive the education demanded for by persons with disabilities and their representatives.

Section 7. Work

1. Right to Work

  1. Persons with disabilities have the right to work in any domains within the society, and shall not endure any discriminatory treatment.
  2. Persons with disabilities have the right to be provided for the support necessary to its engagement and to the sustainability of their job, such as adjustments in the working environment and human assistance.

2. Prohibition of Discrimination as to Employment

For the purposes of the Convention, 'discrimination against persons with disabilities as to work' shall mean situations as follows, and shall be prohibited.

  1. A refusal of appointment or a dismissal of a person with disabilities, on the grounds of its disabilities.
  2. Disadvantageous treatment of persons with disabilities, regarding working conditions or environment, such as employment, salary, and promotion, on the sole ground of their disabilities,
  3. Non-revision of discriminatory provisions that are obstacles to the employment of persons with disabilities, such as provisions limiting access to specific qualifications or providing for the non-application of minimum on the ground of disabilities.
  4. Lack of public services necessary for persons with disabilities to choose a vocation that corresponds to their wishes and needs, such as job assistance facilities and support to maintain their job.

Section 8. Medical Treatment and Rehabilitation

1. Right to Medical Treatment and Rehabilitation

  1. Persons with disabilities have the right to receive medical treatment and rehabilitation (hereafter stated as "medical treatment") that they wish to receive in order to maintain their mental and physical conditions in accordance with their own will and to achieve their desired daily life and participation in the society.
  2. To have the right to refuse unwanted medical treatment.

2. Prohibition against Discrimination of Medical Treatment

For the purposes of the convention, discrimination against persons with disabilities shall mean situations as follows, and shall be prohibited.

  1. The denial of the existence of persons with disabilities, and give wrongful medical treatment that would harm the dignity as an individual, and placement into an isolated environment by force under the name of medical treatment.
  2. Neglect of inadequate medical environments by setting disparity from other medical departments such as the number of medical personnel in mental health services.

Section 9. Birth

1. Right

to Birth

  1. Persons with disabilities have the right not to be discriminated in birth.
  2. Unborn children with any form of disabilities at pregnancy or birth have the right to live.

2. Prohibition against Discrimination in Birth

  1. No person shall be forcibly subjected to medical treatment of inspection with the purpose of eliminating a disability at pregnancy.
  2. No person shall abort the pregnancy of an unborn child on the basis of a disability.

Section 10.Sexuality

1. Right to Sexuality

Persons with disabilities, regardless of its nature and seriousness, have the right to be respected as an individual with sexuality in the same way as people without disabilities, and the right not to be restricted or forced in any romantic or sexual relationships, and the right to pregnancy and giving birth.

2. Prohibition of Discrimination against Sexuality

Discrimination regarding sexuality of persons with disabilities shall mean situations where the rights alinea 1 are denied or experience situations as follows.

  1. Restriction or force in sexual relationships on the ground of their disabilities.
  2. Forced to contraception or abortion, and denied the opportunity to give birth to a child on the ground of their disabilities.
  3. Deprivation of means of reproductive functions by carrying out operations such as hysterectomy and sterilization on the ground of their disabilities.

Section 11. Political Participation

1. Right to Political Participation

Persons with disabilities, regardless of its nature and seriousness, have the right to political participation in the same way as people without disabilities, without any discrimination based on disabilities.

2. Prohibition against Discrimination in Political Participation

Discrimination against persons with disabilities in political participation shall mean different treatment from people without disabilities, regardless of the identification or the number of the participants, and is prohibited.

Discrimination regarding political participation shall mean treatment as follows.

  1. Restriction or loss of opportunity to cast a vote on the ground of their disabilities.
  2. Violation of secrecy of ballot on the ground of their disabilities.
  3. Given the possibility to vote only in a special method or place against the will of persons with disabilities based on the ground of their disabilities.
  4. Denial of equitable provision of, or deprivation of the right to know substantial information regarding the ballot, on the ground of their disabilities.
  5. Virtual limitation or denial of eligibility of ballot and accompanying political activities, on the ground of their disabilities.
  6. Limitation or denial of opportunity to state or propose as a citizen of a member of the State Parties, on the ground of their disabilities.
  7. Limitation or rejection of employment concerning State Parties, on the ground of their disabilities.
  8. Virtual limitation or denial of activities as an assemblyman, on the ground of their disabilities.
  9. Denial of equitable provision of information concerning State Parties, on the ground of their disabilities

Section 12. Judicial Procedure

1. Right to Judicial Procedure

Persons with disabilities, regardless of its nature and seriousness, have the right to judicial procedures guaranteed under Constitution, statutes and legislations of the State Parties in the same way as people without disabilities, without any discrimination based on disabilities. For the purposes of the Convention, guaranteed in the same way shall mean receiving all general accommodation needed to remove any virtual disadvantages, on the ground of their disabilities. Persons with disabilities have the right to claim the discharge in the duty of general accommodation should their right in alinea be violated.

2. Prohibition against Discrimination in Judicial Procedure

Discrimination against persons with disabilities in judicial procedure shall mean that judicial institutions fail to provide general accommodation as exemplified below, or persons with disabilities are restricted of their inherent rights, which should maintain their own rights as exemplified below, and is prohibited.

  1. For the purposes of the convention, elements that need to be accommodated by judicial institutions are as follows.
    1. Documents that are needed for procedures and method of communication akin to this need to be in a format that is available for use in Braille or is transliterated.
    2. Those that are in speech format need to be in a format that is available for use by transformation into written language or translation into sign language.
    3. Those that are in image or picture format need to be in a recognizable by sound or touch.
    4. Written material need to be written in plain language and style so that it may be understood without difficulty.
    5. The structure of buildings needs to be remodeled, such that it will not cause inconvenience for persons with disabilities.
    6. Hearings, investigation, questioning with persons with disabilities need to be carried out with a means, method and form that will take into consideration the characteristic of the persons' disability.
  2. Rights particular to judicial procedures for persons with disabilities

Persons with disabilities have a particular right to use necessary means, auxiliary apparatus, and assistants other than a legal expert in all levels of judicial procedures, and will not be restricted under any circumstances (including attendance. The same applies for the following) for their use.

WNUSP
Submission December 2003

Proposed text on discrimination

Discrimination

"Discrimination on the basis of disability" means any distinction, exclusion, restriction on the ground of disability which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. This applies to both direct and indirect forms of discrimination.

Others/Individuals

On-line CONSULTATION:

Changes, comments or additions to the Mexican text:

Article 4

Paragraph 1 The terms positive and compensatory measures might be interpreted with a certain ambiguity. Also, the term promote is very weak since it does not obligate action by the State. What is meant is measures that are intended to provide persons with disabilities with adaptations in the environment that enable them to exercise their rights on the same basis as others and to contribute fully to development. A better formulation would be

"In order to guarantee equality in the exercise of rights and opportunities for persons with disabilities and to enable them to contribute fully to development, States Parties shall adopt measures that will provide reasonable accommodations that permit adaptation or adjustment to particular circumstances or environments in which persons with all kinds of disabilities live and work."

Paragraph 2
While the intention of the paragraph is laudable, it can contribute to the image of persons with disabilities as inherently vulnerable and needing of protection. Moreover, the major situation of vulnerability is poverty and protection against that is a much larger issue than disability. Since the general needs of persons with disability would be addressed by the revised first paragraph, this paragraph could be deleted.

Article 5 (a):

As formulated the measures would be defensive ("the rights") or charity-like ("needs") rather than positive. A better formulation would be

Adopt measures to raise society's awareness regarding the rights, needs and contributions of persons with disabilities, including the creation of awareness programs at all levels of formal education.


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United Nations, 2003-04
Department of Economic and Social Affairs
Division for Social Policy and Development