AD HOC COMMITTEE ON
AN INTERNATIONAL CONVENTION

European Union:

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

• Ensure that persons with disabilities enjoy the right fully to participate on an equal footing in decision making affecting their public life and freedom of choice in their private lives.
• Take necessary measures to prohibit and prevent any cruel, inhuman or degrading treatment, in particular in situations of forced intervention or institutionalization.
• Take appropriate measures to protect persons with disabilities from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation.
• Take appropriate measures to ensure that persons with disabilities are not deprived of their liberty without proper application of legal safeguards.
• Take measures to ensure that persons with disabilities are not subjected to arbitrary interference with their privacy, family, home or correspondence.
• Eliminate discrimination against persons with disabilities in all matters relating to personal relationships, marriage and family relations.
• Take appropriate steps to ensure the realisation of the right to an adequate standard of living for persons with disabilities and their families, including adequate food, clothing, and housing and the continuous improvement of living conditions.

In order to secure full and effective participation and integration in society on an equal basis for persons with disabilities States Parties to the present Convention undertake in particular to:

• Take appropriate measures to ensure that persons with disabilities can effectively enjoy on an equal footing the entirety of their rights in the civil, political, social, economic, and cultural fields.
• Take appropriate measures to facilitate integration and participation in society by identifying and eliminating obstacles to accessibility
• Promote equal access to information and means of communication.
• Promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives.
• Promote an environment in which persons with disabilities can take part in the conduct of public affairs, including by participating in non-governmental organisations and associations.

Japan:
Civil and Political Rights

• The State Parties shall ensure freedom and security of persons with disabilities and take appropriate measures to prevent cruel, inhuman or degrading treatment(i.e.the rights of freedom from forced intervention and institutionalization except for legally proper measures. When necessary, a person with disabilities who was taken this measure will be protected through "competent national tribunals and other public institutions.").
• The State Parties shall take appropriate measures to prevent persons with disabilities from being discriminated against in relation to nationality or immigration status.
• The State Parties shall take appropriate measures to ensure the rights to freedom of association, freedom of expression, and freedom of political participation and shall ensure the full representation of persons with disabilities in decision-making.
• The State Parties shall take appropriate measures to guarantee the judicial procedure of persons with disabilities.

Economic, Social and Cultural Rights

• The State Parties shall take appropriate measures to ensure independent living in their community for persons with disabilities.
• The State Parties shall take appropriate measures to ensure access to the physical environment for persons with disabilities.
• The State Parties shall take appropriate measures to ensure access to information and communication for persons with disabilities.
• Right to Education
  State Parties shall take appropriate measures to guarantee full opportunities for compulsory education for children with disabilities, regardless of the nature or severity of their disabilities.
• Right to Work
  Regarding employment and occupations of persons with disabilities, which will be included as one of the substantive provisions, Japan and some other States have been adopting the "Employment quota system for persons with disabilities," and Japan considers that the system has been effectively functioning for employment promotion of persons with disabilities. Such a positive measure is a matter of each country's policy-related options and should be clearly written within the Convention that it shall not be regarded as discrimination against persons with disabilities.
• State Parties shall take appropriate measures to ensure the health and rehabilitation of persons with disabilities.

New Zealand:
New Zealand believes that all existing human rights and guarantees need to be further elaborated to ensure a consistent understanding about what they mean for disabled people. However it is also important to acknowledge the diversity of contexts that disabled people are living in and therefore maintain a non-prescriptive approach to the elements of the Convention. The measures that States must employ to ensure equal opportunities for, and the realisation of the fundamental rights of, disabled people are intimately related to the local social infrastructure. They are dependant on the specific institutional, social, political, economic and cultural contexts. It is therefore not desirable to exactly prescribe the measures but rather to focus on the intended outcomes that would be expected to result from disability specific measures.

For example the Convention will need to consider the universal right to political participation. For disabled people this requires (amongst other things) that all information related to the political process is available in accessible formats. This could be articulated as 'ensure public information is accessible to disabled people'.

The specific rights elaborated in the Convention should ensure the (non-discrimination) rights for disabled people to experience the same choices and responsibilities as non-disabled people in relation to employment, housing, education, recreation, mobility, political process, sexuality, relationships, families and parenting, personal and health care, access to information, communicating and income. An approach that considers all areas of life may be a useful format for the Convention to adopt. This approach helps States to regard the problems related to disability as rights issues - rather than health or welfare issues, which while very important only relate to one aspect of a disabled persons life. An 'all areas of life' format will help to promote and reflect the shift from understanding disabled people as charity cases or patients to an understanding of disabled people as citizens.

ILO:

Provisions concerning the Right to Decent Work

• States party to develop, implement and periodically review national policies and systems on vocational rehabilitation and employment.
• States party to recognize the right to decent work of persons with disabilities according to personal capabilities, which includes the right to the opportunity to gain a living by work freely chosen or accepted, the right to vocational guidance, vocational training, placement and employment-related services.
• The right, according to personal capabilities, to secure and retain employment or to engage in a freely-chosen, useful, productive and remunerative employment.
• Vocational rehabilitation and employment measures to be made available and accessible to all categories of disabled persons.
• Wherever possible, persons with disabilities to avail of these services with and under the same conditions as other workers with any necessary adaptations or assistance, as required.
• The right to decent, just and favourable conditions of work which ensure, in particular:

  equal pay for work of equal value
  equality of opportunity and treatment for disabled men and women
  safe and healthy working conditions
  equal opportunity to be promoted to an appropriate higher level, subject to no considerations other than competence, experience and the inherent requirements of the job
  rest and leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

• The right to social security, including social insurance, and to a decent standard of living
• Social/Security/Insurance benefits should not constitute a disincentive to vocational rehabilitation or employment
• The right to join trade unions
• Equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of disability
• Protection against exploitation and any treatment of a discriminatory, abusive or degrading nature
• The right to protection in cases of termination of employment
• Measures to be taken to promote employment opportunities for persons with disabilities which conform to the employment and remuneration standards applicable to workers generally
• Special positive measures aimed at effective equality of opportunity and treatment between workers with disabilities and other workers not to be regarded as discriminating against other workers
• Elimination of physical, communication and other barriers and obstacles affecting transport and access to and free movement in training and employment premises
• The provision, where necessary, of support measures including technical supports, wage subsidies, and ongoing personal services to enable persons with disabilities to secure, retain and advance in employment
• Special measures to be taken to meet the vocational rehabilitation, work and employment needs of women with disabilities and other disabled persons facing multiple discrimination.
• Special measures to be taken to meet the vocational rehabilitation and employment needs of persons with disabilities in rural areas and remote communities
• Special measures to be taken to assist in overcoming prejudice, misinformation and attitudes unfavourable to the employment of persons with disabilities
• All States Parties to be encouraged to develop and adopt suitable legislation prohibiting direct and indirect discrimination in the field of training and employment on the grounds of disability, such legislation (a) to apply, inter alia, to recruitment and selection, vocational guidance, training and retraining, employment and working conditions, pay, retention, dismissal and promotion; (b) to include the requirement that reasonable accommodation be provided by employers where necessary to ensure equality of opportunity and treatment
• No provision in the Convention should affect any provisions which are more conducive to the realization of the right to decent work of persons with disabilities which may be contained in the law of a State party to the Convention or international law in force in that State, in particular Convention No. 159 concerning Vocational Rehabilitation and Employment of Disabled Persons.
• States party to ensure that other employment-related laws and regulations do not discriminate against persons with disabilities
• States party to ensure the development of alternative forms of employment for persons with disabilities who may not have the capacity to work in the open labour market
• Sheltered workshops to provide, not only useful and remunerative work, but opportunities for vocational advancement with, wherever possible, transfer to open employment
• States party to ensure that persons with disabilities have access to legal and other support to enable them to exercise their right to vocational rehabilitation and employment
• Representative organizations of employers and workers, and representative organizations of and for persons with disabilities, to be consulted on the implementation of vocational rehabilitation and employment policies for disabled persons
• States party, by methods appropriate to national conditions and practice, to pursue the policy in respect of decent work for persons with disabilities under the direct control of a national authority
• The role of the ILO in the field of vocational rehabilitation and employment of persons with disabilities to be promoted, particularly with regard to:

  the encouragement and facilitation of international cooperation
  the utilization of the ILO Code of Practice on Managing Disability in the Workplace
  the improvement of reliable and valid statistical and other information
  the promotion of research and evaluation of programmes and practices.

African Regional Workshop:

31. Respecting the interdependence and indivisibility of rights the Convention should embrace the full range of civil, political, economic, social and cultural rights in existing international human rights instruments including inter alia:

• Access to accessible information;
• Access to inclusive and special needs education;
• Access to health care services;
• Access to employment opportunities;
• Access to justice and due process; and
• Freedom from sexual harassment and abuse.

32. The Convention should contain specific articles dealing with specialised areas and issues relating to civil, political, economic, social and cultural rights that, by the very nature of the context of disability, require codification.

33. The Convention should, in the spirit of article 25 of the International Covenant on Civil and Political Rights, provide for the participation of persons with disability in the conduct of public affairs and in the political process.

34. The Convention should encourage the undertaking of effective research relating to the rights of persons with disabilities.

Commonwealth and Asia Pacific Region International Workshop:

21. The full range of civil, political, economic, social and cultural rights contained in existing international human rights instruments should be incorporated in the Convention.

22. In addition to the application of existing international human rights law, the Convention should contain specific articles dealing with specialised areas and issues relating to civil, political, economic, social and cultural rights that, by the very nature of the context of disability, require codification, with due respect being paid to the principles of natural justice.

DPI:

The following list is by no means exhaustive, but reflects (in no specific order) some of the rights addressed by existing human rights instruments that should be further elaborated if the convention is to cover the full spectrum of human rights:

1. Stereotyping of groups
2. Non-discrimination and measures to eliminate discrimination
3. Action to guarantee the exercise and enjoyment of rights
4. Participation
5. Accessibility
6. Right to life
7. Torture and other ill-treatment
8. Sexual exploitation and related abuses
9. Slavery, servitude and forced labor
10. Survivor assistance
11. Equality before the law
12. Due process protections
13. Peaceful assembly and association
14. Freedom of thought / opinion and information
15. Political and public life
16. Medical care / health / rehabilitation
17. Employment / social security / income maintenance
18. Housing
19. Education
20. Family
21. Culture and religion
22. Linguistic minorities
23. Recreation and sports
24. Nationality / freedom of movement
25. Refugees / internally displaced persons

European Disability Forum:

Right to employment

The article on employment would need to include the following elements, among others:

• to make all legal and administrative barriers to employment unlawful. For instance, there are certain professional qualifications that require personal conditions, which exclude some persons with disabilities.
• to prohibit any form of discrimination in recruitment and promotion in the workplace. This prohibition of discrimination includes the refusal to provide reasonable accommodations. The EC Directive (Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation) adopted in November 2002 provides a good model for such an article. The reversal of the burden of proof is a vital element of this EC directive and should also be reflected in the Convention.
• to obligate Member States to undertake positive action measures, such as providing financial incentives and awareness raising campaigns towards employers.

Right to health

The article on the right to health would need to include the following elements, among others:

• Nobody should be discriminated from access to health services on the basis of their disability. This would include, among others, providing accessible written and oral information, being able to communicate through sign language, etc.
• Positive action measures could include disability awareness training of hospital staff and other health professionals.

Right to vote

The article on the right to vote to include the following elements, among others:

• Removal of all legal barriers that prevent persons with disabilities from exercising their right to vote.
• Measures are undertaken to ensure that all polling stations and electoral systems are made accessible to persons with disabilities
• Measures are undertaken to ensure that all persons with disabilities can exercise their right to a secret vote (for instance, ballots in Braille)

There are many other important elements that will need to be included in the future Convention, but EDF would like at this stage to draw the attention on the following specific issues that represent areas requiring further development.

Right to life

Current developments in population demography, ethics and medical technology present increasing challenges to the right to life for disabled people. Prenatal diagnosis aiming to prevent the birth of persons with disabilities and dangerous developments in the field of euthanasia will require a special attention in the future UN Convention.

Women with disabilities and other disabled people facing double or multiple discrimination

Special attention needs to be given to women and girls with disabilities, as well as older people with disabilities, immigrants with disabilities and disabled people from ethnic minorities.

Persons with disabilities in institutions

One of the most striking human rights violations is that suffered by persons with disabilities confined in large residential institutions, mostly people with psychological and people with intellectual disabilities.

The UN Convention must give particular attention to this group of persons with disabilities, by establishing a timeframe by which these large residential institutions must be replaced by alternative community based services.

During this process of establishment of alternative services, the human rights of persons with disabilities in these institutions should receive special attention in the form of monitoring systems.

Accessibility as a precondition to full enjoyment of human rights

The lack of accessibility is for many persons with disabilities one of the most relevant barriers to the full exercise of their human rights. A Convention needs to both prevent new barriers and progressively eliminate existing barriers, if it really is to ensure the equal enjoyment of opportunities for persons with disabilities.

Accessibility means different things for different groups and must therefore always be understood in a comprehensive way. It includes, among others:

• The physical accessibility to the premises.
• Access to information and communication using the disabled person's preferred means of communication in all areas of life, including in the access to justice. This would include, inter alia, sign language, Braille, subtitling.

The Convention needs to tackle these different barriers by:

• Prohibiting the establishment of any new barriers. This means that new buildings, new transport modes, new public spaces, new communications should conform to accessibility standards.
• Establishing reasonable timeframes for the elimination of existing barriers.

Prevention of disability

While there is no doubt that Member States should undertake actions to prevent disability, including public health campaigns, road security and other measures, the proposed Convention addresses the rights of persons with disabilities, and is not the appropriate instrument to focus on prevention concerns.

IDA:
(IDA member organisations: Disabled Peoples' International, Inclusion International, Rehabilitation International, World Blind Union, World Federation of the Deaf, World Federation of the Deaf-Blind, WNUSP.)

1) Civil and Political Rights

Right to live

The lives of people with disabilities are threatened e.g. by denial of the necessities of life such as food and water, shelter, medical treatment (or conversely by the imposition of unwanted medical treatment) and eugenic threats.

Freedom from torture and inhuman and degrading treatment

Because disabled people are treated as objects they experience inhuman and degrading treatment in their everyday life, including sexual exploitation, physical violence and forced treatment. Disabled women are especially victimized.

Bodily and psychic integrity

Disabled people's right to refuse treatment is often denied and they are frequently subjects of medical experimentation.

Liberty

Disabled people's liberty rights are frequently infringed by institutionalization and exclusion. Thus, disabled people are denied the right to independent living and self-determination.

Equality

The main obstacle facing people with disabilities is discrimination not impairment. But disabled people can only enjoy full equality rights if governments adopt a structural equality approach and firmly base their policies on the principle of social inclusion.

Association

Disabled people are often prevented from forming their own organisations or joining political parties to protect their interests and are denied access to social organisations and existing political parties.

Family/privacy rights

Disabled children are often denied the right to grow up as a part of a family and disabled adults are often denied the right to marry and have and raise children. In particular, disabled women are often victims of forced sterilization and forced abortion.

Recognition as a person before the law

Persons deemed legally incapacitated are systematically denied their citizenship rights such as decisions about medical treatment, ability to sign contracts and to manage their finances. Because of the need for assistance in one area of their life disabled people are often deprived of rights in all areas of life. Because children with disabilities are devalued they are often not registered at birth and are denied a legal name and citizenship.

Freedom of expression

People with disabilities are often foreclosed from mainstream communication and thus are denied the right to freedom of thought, conscience and religion as well as freedom of speech and expression. In particular deaf persons´ human rights are violated by denial or prohibition of sign language.

Vote and stand for elections

Disabled people are often denied the right to participate in democratic process by lack of access to voting and prohibition of standing as candidates for election. Blind people in particular are denied the right to secret voting. In addition institutionalized people are deemed incapable of voting.

Citizenship

People with disabilities are often denied full citizenship rights e.g. unequal treatment before the law or denial of effective legal remedies. They are often subjected to arbitrary arrest, detention or exile. Immigration laws often discriminate against people with disabilities.

Recognition of people with disabilities as a minority

Because people with disabilities are not recognized as an insular discrete minority they are foreclosed from democratic processes.

2) Economic, social and cultural rights

Traditionally attempts to recognize the economic, social and cultural rights of people with disabilities have been based on a model of charity and welfare. A convention must enshrine these rights as a basic for liberty and empowerment.

Education

Most children with disabilities are denied access to any education and most who receive an education do so in inadequate and/or segregated settings. For example deaf, blind and deaf blind children are denied the right to education in sign language or Braille.

Work

Most disabled persons are excluded from the workforce. The right to free choice of employment, to just and favorable conditions of work is denied among others by being relegated to sheltered workshops. In addition most disabled people do not get adequate vocational training.

Health

Most disabled people have no access to basic healthcare.

Access

Disabled people's right to freedom of movement and information is being violated through architectural, communicational and attitudinal barriers. A convention must oblige state parties to build inclusive systems.

Standard of living

The majority of disabled people live in poverty. They have no access to adequate food, clothing, housing and necessary social service such as rehabilitation. Having a disability should not mean having a lower standard of living, or having to accept unwanted services to obtain the necessities of life.

Culture

Being foreclosed from cultural life often violates disabled people's right to culture. In addition, elements of the culture of disabled people, such as sign language and Braille are not recognized and valued. Disabled people are stigmatized by the presentation of false images in popular culture, which creates prejudices and superstition.

3) Right to development

The IDA would welcome the application of so-called 3rd generation human rights in the Disability Convention. Since there is a strong link between poverty and disability, disabled people need to benefit without discrimination from a right to development.

World Blind Union:

Right to Full Participation

This includes:

• The right to stand as candidates in elections
• The right to join political parties and social organisations
• The right to work as paid officials in public administration
• The right to participate in all aspects of the life of the community on a basis of equality with other citizens.

Right of blind and partially sighted people to take control of their own lives

This includes:

• The right to choose whether to marry, to form relationships or to raise a family
• The right to own property
• The right to run a business
• The right and the facilities for blind and partially sighted people to control their own financial affairs and operate a bank account in their own name, ( Notes and coins should be designed so that they are easy to distinguish for people with a visual impairment)
• The provision of personal support to enable blind and partially sighted people to lead independent lives.
• The right to self determination
• The right to self-representation

Right to Dignity, Tolerance and Inclusion

This includes:

• The right to accurate portrayal by the media of the circumstances of people with disabilities, as well as of their rights as equal and participating citizens of communities and families
• The obligation for the general public to receive awareness training on the rights of persons with disabilities under the law and specifically on the needs and concerns of blind and partially sighted people.
• The obligation for employers to organise systematic training for their staff on the rights established through this UN Convention

Right to Life:

This includes:
The prohibition of compulsory abortion at the instance of the State, based on the pre-natal diagnosis of a disability.

We at the World Blind Union urge governments, working within the context of the process to develop a Convention on the rights of people with disabilities, to ensure that the following specific rights are incorporated into the Convention. This will ensure that the world's blind, partially sighted and deafblind people, and other groups of disabled people have:

• The basic right to full inclusion as equal citizens in society
• The autonomy for blind and partially sighted people to lead full and independent lives and achieve their full economic, social, cultural, civil and political potential.

Right to Universal Suffrage

This includes:

• The right and the facilities to vote in secret in all public elections
• The right to the provision of the necessary instruments and technologies to enable blind, partially sighted and deaf blind people to cast their vote independently and in secret
• The right to a postal ballot in cases where restricted mobility makes it difficult to get to a polling station
• The right to the provision of accessible information about political parties' and candidates' manifestos.

Right to Freedom of Association and to Form Organisations to Represent the Specific Interests of blind and partially sighted people

This includes:

• The right to meet with others
• The right to form independent organisations to represent the individual and collective interests of blind and partially sighted people to governments and their administrations
• The right for representative organisations of blind and partially sighted people to be consulted by governments on all legislation, policies and strategies and to sit on any relevant government bodies.

Right to Judicial Equality and Protection

This includes:

• The right to protection from all violence, torture, inhumane or degrading treatment or punishment at the hands of the law or institutions of the state. Blind and partially sighted people, and people with disabilities in general, are especially vulnerable to such abuse.
• The right to the same legal protection for disabled children, old people, refugees, asylum seekers, and other displaced, nomadic, indigenous or transient people as that given to other citizens without disabilities
• The right to the provision of legal documents in a format accessible to blind and partially sighted people such as Braille, audio, large print and electronic text) in a timely manner and without any additional cost
• The right to legal proceedings and treatment in prison, free from all forms of discrimination
• The right to victims' protection and compensation that is sensitive to the special circumstances arising from being blind or partially sighted
• The right to the opportunity to be a practising lawyer, judge or juror and to be given any assistance that may be necessary to enable these tasks to be performed
• The right to be called as a witness and to give evidence
• The obligation for all public officials responsible for law enforcement and administration, including police, prison and court officials, to attend disability equality training that incorporates appreciation of the rights contained in the UN Convention.

Right to Information and Communication

This includes:

• The right to the provision, in a timely manner and without additional cost, of all information in the public domain in formats that are accessible to blind and partially sighted people, such as Braille, audio, large print and electronic text, regardless of any copyright laws. This is to include all correspondence and information from public services, such as hospitals, public utilities and government departments, as well as those providing an essential service such as banks.
• The right to literacy through free instruction in methods of reading by touch such as Braille, and in methods of communication for deaf blind people
• The right to interpretation services for deaf blind people at no extra cost
• The right to free postage of Braille or audio material for the blind
• The right to the provision of adapted equipment and access software to enable blind and partially sighted people to access the Internet and other information whether it is electronically stored or not.

Right of Access to the Built Environment and Public Transport

This includes:

• Recognition in legislation that the white cane is a symbol which indicates that the carrier is blind or partially sighted, and the red and white striped cane which indicates that the carrier is deaf blind
• The right to accessible pedestrian environments, public buildings and facilities for public use that are designed and maintained to enable blind and partially sighted people to move around safely and independently
• The right to fully accessible public transport vehicles, stations, stops and services, and to audible announcements to include stops, destination and route number
• The right to free access to all public places, public buildings and public transport for guides of blind and partially sighted people and assistance dogs.

Right to Education

This includes:

• The right to an education of equal quality that furthers the integral development, independence, and participation of blind and partially sighted people in society. This may be achieved:
• Either, ideally, by an education alongside non disabled children and young people, with the resources needed to enable blind and partially sighted children's full participation and development
• Or, if necessary to meet the individual's particular needs, by special education alongside children and young people with similar disabilities
• The right of equal access to tertiary and vocational education and to be provided with the resources and support needed to enable blind and partially sighted students to fully participate in such courses.
• The right for blind and partially sighted people to be provided with the equipment, technical assistance, specialist teaching and learning materials that will enable them to access and participate in curricular and extra-curricular activities alike
• The right to an education provided by teachers who have received training relevant to both the specific needs of blind partially sighted and deaf blind people and which provides teachers with the competence to teach communication skills such as Braille
• The right for blind and partially sighted people and their parents to be given advice based on an assessment of their educational needs and abilities that will enable an informed educational choice to be made
• The right to participation in scholarships and provision of other financial support specific to those with disabilities to ensure that suitable education is provided regardless of the financial status of the recipient.

Right to Health Services

This includes:

• The right to equal access to all necessary health services
• The right to information about all available health services and personal medical information in formats which are accessible to blind and partially sighted people, such as Braille, large print, audio and electronic text
• The obligation for all health service staff to be given training on the specific needs of blind and partially sighted people
• The right to personally authorise treatments and procedures.

Right to Rehabilitation

This includes:

• The right to be provided with rehabilitation services at the time of sight loss, regardless of age, and the right to rehabilitation and social services that are designed and delivered to meet the independent and daily living needs arising from specific disabilities
• The right for blind and partially sighted people to be provided with the equipment that they need to alleviate the functional impact of their disability, the training to use the equipment and support to maintain its efficient operation, all without additional cost to the blind or partially sighted individual

Right to Vocational Training and Employment

This includes:

• The right to take up employment
• The right to hold a professional job, for example as a teacher, a social worker, or a psychologist provided that the individual hold the necessary qualifications
• The right to a vocational assessment provided by qualified staff
• The right to vocational training for blind and partially sighted people who wish and are able to work
• The right to vocational training provided in centres meeting the specific needs of blind and partially sighted people, as well as in community based vocational training facilities
• The right for blind and partially sighted people to be provided with all equipment, accessible teaching materials and personal support they require during their training
• The right to training in line with formally recognised qualifications
• The right to assistance from qualified staff to help to find work
• The right to legal redress for blind and partially sighted people when they experience discrimination in their recruitment, career development, remuneration or promotion
• The right to financial support from governments to meet the cost of the specialist equipment, adaptations to employers' equipment, adaptations to the workplace, provision of information in accessible formats such as Braille, large print, audio and electronic text, and the cost of personal support that blind and partially sighted people require in the workplace.

Right to Culture and Leisure

This includes:

• The right to full access to all cultural, leisure and sporting activities, facilities and equipment, including participation and spectating
• The right to accessible television broadcasting, including audio description of programmes, audio sub-titling of foreign language programmes and other descriptive video services
• The right to access public library services, including provision of books and information services in accessible formats, such as Braille, audio, large print and electronic computer disks.

Right to Financial Support

This includes:

• The right of equal access to all statutory benefits and pensions
• The right to the provision of allowances to all blind and partially sighted people to compensate for any loss of income incurred by those who are unable to work
• The right to the provision of allowances to all blind and partially sighted people, regardless of their age, to compensate for the additional costs arising from their disability
• The right to statutory allowances to provide for the financial and material needs of caregivers, (including parents and family members) and the costs of employing assistants when blind and partially sighted people are living in their own homes
• The right to statutory allowances which do not penalise blind and partially sighted people should they take up employment
• The right of blind, partially sighted and deaf blind people in paid employment to receive allowances to compensate them for the additional costs arising from their disabilities incurred in doing their job
• The right to financial support to meet the costs of residential and nursing care.

Right to Insurance

This includes:

• The right to obtain insurance cover for health, life or any other insurance protection at no additional cost

Coalition Eastern Europe:

(b) Accessibility as a way to equal participation
For people with disabilities of any kind, States should (1) introduce programmes of action to make the physical environment accessible, and (2) undertake measures to provide access to information and communication.

(1) Access to physical environment
State Parties should ensure specific measures to remove all obstacles to participation in the physical environment. Such measures should be to develop standards and guidelines and to consider enacting legislation to ensure accessibility to various areas in society, such as housing, buildings, public transport services and other means of transport, streets and other out-door environments. Member States should aim for the gradual use only of those public transport as well as other equipment for public use that are convenient for the specific needs of persons with disabilities.

(2) Access to information and communication
Persons with disabilities and, where appropriate, their families and advocates should have access to full information on diagnosis, rights and available services and programmes, at all stages. Such information should be presented in forms accessible to people with disabilities. State Parties should develop strategies to make information services and documentation accessible for different groups of persons with disabilities.

State Parties should ensure that the media, especially television, radio and newspapers make their services accessible and should also ensure that new computerised information and service systems offered to the general public are either made initially accessible or are adapted to be made accessible to the persons with disabilities.

(c) The right to education
State Parties should ensure the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings. Education for people with disabilities should constitute an integral part of national educational planning curriculum development and school organisation.

In situations where the general school system does not yet adequately meet the needs of all people with disabilities, special education may be considered. The quality of such education should reflect the same standards and ambitions as general education and should be closely linked to it. State Parties should aim for the gradual integration of special education services into mainstream education.

(d) The right to medical care and rehabilitation
State Parties should ensure the provision of effective medical care and support to persons with disabilities, and that this category of persons, particularly infants and children, are provided with the same level of medical care within the same system as other members of society. Member States should also ensure that all medical and paramedical personnel are adequately trained and equipped to give medical care to persons with disabilities and that they have access to relevant treatment methods and technology.

State Parties should ensure the provision of rehabilitation services to persons with disabilities in order to reach and sustain their optimum level of independence and functioning and should develop national rehabilitation programmes for all groups of persons with disabilities, without any discrimination to those with severe and/or multiple disabilities. Such programmes should be based on the individual needs of persons with disabilities and on the principles of full participation and equality.

State Parties should ensure the provision of supportive devices and equipment, personal assistance and interpreter services, according to the needs of persons with disabilities, as important measures to achieve true opportunities.

(e) The right to equal employment and social security
The laws and regulations in the employment field must not discriminate against persons with disabilities and must not create obstacles to their employment. States Partie should actively support the integration of people with disabilities into open employment and should ensure that employment is accessible to all on the basis of professionalism. This active support could occur through a variety of measures, such as vocational training, incentive-oriented quota schemes, reserved or designated employment, loans or grants for small business, exclusive contracts or priority production rights, tax concessions, contract compliance or other technical or financial assistance to enterprises employing workers with disabilities.

State Parties should undertake their duty to create privileged conditions for persons with disabilities as with other members of the community. Also, to guarantee the right to a just and favourable remuneration ensuring the person with disability and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Member States should ensure the provision of adequate income support to persons with disabilities who, owing to disability or disability-related factors, have temporally lost or received a reduction in their income or have been denied employment opportunities. States should guarantee that the provision of support takes into account the costs frequently incurred by persons with disabilities and their families as a result of the disability. State Parties should also ensure the provision of income support and social security protection to individuals (including parents and siblings) who undertake the care of a person with a disability. Consequently, State Parties should include disability matters in the regular budgets of all national, regional and local government bodies.

(f) Family life and personal integrity
State Parties should ensure the full participation of people with disabilities in family life. They should promote their right to personal integrity and guarantee that laws do not discriminate against persons with disabilities with respect to sexual relationships, marriage and parenthood. Persons with disabilities should be enabled to live with their families and must have the same access as others to family-planning methods, as well as to appropriately designed and accessible information on sex and sexuality.

Persons with disabilities and their families need to be fully informed about taking precautions against sexual and other forms of abuse and also to be educated on how to avoid the occurrence of such abuse, recognise when abuse has occurred and report such acts. They should also have access to information about public health issues such as HIV, TB and sexually transmitted infections in order to protect their health and lives.

(g) Right to political participation
State parties should ensure that people with disabilities have the right to vote and that they receive adequate education in political affairs so that they are able to make a contribution to the politics of the country. People with disabilities should be provided with the necessary tools and technologies to cast a ballot independently and secretly. They should be assisted in the right to be elected, particularly as this will give them an opportunity to voice the needs of people with disabilities.

State parties should consider reservation of national and local parliamentary seats for people with disabilities in order to ensure their participation in political dialogues within the Member States.

(h) Right to a life without stigma and discrimination
Stigma and discrimination associated with disability are barriers to people with disabilities to leading full lives and it must be the duty of Member States to ensure to remove these obstacles. This includes the use of inappropriate terminology such as defective, deficient people. Instead, it is the duty of State parties to educate the public about people with special or different needs, people with disabilities, thereby focusing on the person first and then the differences s/he has.

Member States should also ensure that people with disabilities are able to lead a life without inhumane, demeaning or humiliating treatment and that people who are receive such treatment are compensated for this either by the government or by the perpetrators of such treatment. In addition, such perpetrators must face the legal consequences of their actions.

(i) Right to acceptable standards of housing and accommodation
State parties must made adequate provision for appropriate accommodation for people with disabilities which will include access and where necessary, modified to the specific needs of individuals and their families. Such accommodation must be safe particularly in terms of fire and other safety hazards so as to enable persons with disabilities to live in a risk-free environment.

State parties must ensure that neonate children and babies diagnosed with disabilities are able to live with their families and not institutionalised and that special housing is offered to the families so that children are able to grow up in a loving and caring atmosphere.

(j) The equal right to cultural activities and recreation
State Parties should ensure that persons with disabilities are integrated into and can participate in cultural activities on an equal basis and have the opportunity to utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community. They also should take measures to ensure that persons with disabilities have equal opportunities for recreation and sports.

(k) The Right to religious and spiritual beliefs and practices
State parties must ensure that all people with disabilities have the right to make choices of their faith, belief and religious practices and that they have access to places of worship. There should be no forced conversions or beliefs imposed upon them either.

Chair's draft:
Article 11
Right to recognition as a person before the law

1. Everyone shall have the right to recognition everywhere as a person before the law, with full legal capacity. This right shall not be limited or restricted based on disability or impairment.
2. Persons with disabilities who experience difficulty in asserting their rights, understanding information presented to them or articulating or communicating their choices have a right to be provided with advocacy assistance and other reasonable accommodation with the aim of giving effect to the person's own decisions.

Article 12
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.

Article 13
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. 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.
3. 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.

Article 14
Right to liberty and security of the person

1. Every person with disability has the right to liberty and security of person. No person shall be detained, interned or confined involuntarily on account of actual or perceived disability.
2.  
   1. 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.
   2. 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):
   1. where no specific period of detention or confinement has been specified by law or a court, or
   2. where the detention or confinement is based on the health or related status or condition of the person.
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. Disabled persons who are suspected, accused or convicted of crimes shall have the benefit of all national and international standards of due process, as well as accessibility rights enumerated in this convention and the right to supportive services and rehabilitation while serving a sentence.

Article 15
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).

Article 16
Right to respect for privacy, home, the protection of the family and the right to marry

1. 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.
2. 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.
3. 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.
4. 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.

Article 17
Right to live in and be a part of the community

1. 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. This right includes the right not to reside in an institutional facility.
2. 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:
   1. no person with disability is institutionalised;
   2. persons with disabilities have access to a range of in-home, residential, and other community support services, necessary to effectively support community living; and
   3. general community services are available and responsive to the needs of persons with disabilities living in the community.

Article 18
Rights of children with disabilities

1. 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.
2. 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.
3. 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.

Article 19
Right to participate in political and public life
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:

1. To guarantee the enjoyment of the right of persons with disabilities to elect and be elected, and for this purpose, to include in election mechanisms the use of appropriate, accessible and easy to understand communication, special and necessary instruments and technologies for the various needs of persons with disabilities;
2. To guarantee the equal right of participation in the activities and administration of political parties, civil organization and public administration; and
3. To guarantee the participation of persons with disabilities and their organizations in all decision-making processes, in particular those concerning issues relating to persons with disabilities.

Article 20
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 without discrimination on the basis of sex, to inherit property.

Article 21
Accessibility

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:
   1. Public buildings, roads and facilities for public usage;
   2. Public transportation facilities and services;
   3. Public housing and facilities, or those built or renovated with public funds. Private sectors shall be encouraged to take accessibility into consideration when they build or renovate housing or facilities;
   4. Public and private sector services, particularly health and education services;
   5. Employment and workplaces;
   6. Information and communication services including, for example, telecommunications, electronic banking and the mass media;
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.

Article 22
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:

1. persons with disabilities have access to high-quality mobility aids, devices and assistive technologies that will enable mobility with the greatest possible independence;
2. mobility aids, devices and assistive technologies are readily available to persons with disabilities at low or no cost through public subsidies and other programs designed to offset the extra costs of disability; and
3. the built environment is designed or adapted to facilitate the mobility of persons with disabilities with the greatest possible independence.

Article 23
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. 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.

Article 24
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.

Article 25
Right to work
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.

Article 26
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.

Article 27
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:

   (a) have the opportunity to utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community; and (b) enjoy access to literature in a range of accessible formats, including in electronic text, Braille, and on audio tape, and through the captioning of television programs, movies, theatre etc; and (c) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas and libraries and the hospitality industry.

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:
   1. have the equal opportunity to organize and participate in sporting activities and to receive quality instruction and training as is available to other participants;
   2. have effective access to sporting venues, as well as to other recreational activities; and
   3. have access to services from those involved in the organization of sporting or leisure activities.

Article 28
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.

China:
Article 4

States Parties recognize the political rights of persons with disabilities, and shall take measures to ensure the full participation in political life of persons with disabilities, especially:

1. To guarantee the enjoyment of right to elect and to be elected of persons with disabilities, and for this purpose, to include in election mechanisms the use of special and necessary instruments and technologies for various needs of people with disabilities;
2. To guarantee the equal right to participation of persons with disabilities in positions of political parties, civil organizations and public administration.
3. To guarantee the right to association of organizations by persons with disabilities in accordance with domestic laws and to provide necessary support in this respect;
4. To guarantee the participation of persons with disability and their organizations in all decision-making process concerning the persons with disabilities.

Article 5

States Parties recognize the right of persons with disabilities to the enjoyment of accessible physical environment, information and communication, and shall take measures to ensure their freedom, independence and full participation in all kinds of social life, especially:

1. Accessible public buildings, roads and facilities for public usage, to accommodate the access and utilization of these facilities and services for persons with disabilities;
2. Public transportation facility and services shall be so designed and installed to accommodate the access, movement and utilization of persons with disabilities;
3. Public residence or those built with public funds must be built or renovated into non-handicapping ones to accommodate the usage of residents of all types of disabilities. Private sectors shall be encouraged to take accessibility into consideration when they build or renovate their residence, to provide more optional opportunities for residents with disabilities.
4. Appropriate technologies shall be used for persons with disabilities for their access to public information and services;
5. Encourage the mass media to take measures to make their services accessible to persons with disabilities;
6. Advance the research, development and promotion of new technologies suitable for persons with disabilities.

Article 6

States Parties recognize the right of persons with disabilities to education, and shall take measures to gradually realize this right on basis of equality, in particular:

1. To ensure the education of persons with disabilities incorporated into national compulsory educational program and implemented effectively;
2. To promote inclusive education by encouraging mainstream educational institutes to accept students with disabilities and providing teaching plans, curricula and textbooks suitable to the needs of students with disabilities ;
3. To ensure quality education for those who choose or need special education due to their own reasons, by facilitating special educational institution;
4. To develop vocational training with provision of practical skills for persons with disabilities;
5. To ensure students with disabilities who meet entry requirements admitted by higher educational institutes and not declined based on disability;
6. To guarantee the provision of continued training of special human resources and special educational allowance facilitating the education for persons with disabilities, whether in general or in other special ways;

Article 7

States Parties recognize the rights of persons with disabilities to medical and rehabilitation services needed, and shall take measures, especially:

1. To conduct research, development and application of new technologies in the field of rehabilitation;
2. To establish in hospitals or run separate and special institutes for rehabilitation to provide medical treatment and training;
3. To provide all kinds of rehabilitation services to communities resided by persons with disabilities;
4. To guarantee that all concerned medical and rehabilitation professionals technically trained and qualified;
5. To provide necessary information for persons with disabilities and their relatives so that they can participate in decision-making concerning their treatment program;
6. To effectively supervise over all public and private heath care institutes so that treatment and rehabilitation services will be provided in line with the requirements and the autonomy and dignity of persons with disabilities;
7. To support the development, production, supply and maintenance of rehabilitation apparatus, assistive devices and other special items for persons with disabilities.

Article 8

State Parties recognize the rights of persons with disabilities to employment, job-seeking and remuneration for work on equal basis, and shall take measures, especially:

1. To guarantee persons with disabilities to participate in labor market under equal condition and equal pay for equal work by eradicating any discriminatory regulations and practices that restrict or deny persons with disabilities in job-seeking, job retention and professional promotion;
2. To adopt legislative measures to ensure that all employers must employ a certain percentage of personnel with disabilities, those failure of doing so must pay compensatory fees for the purpose of promoting the employment of persons with disabilities, incentive measures such as taxation redemption or deduction shall be in place for those which hire persons with disabilities as required or even better than required;
3. To give a number of selected products or services appropriate to persons with disabilities for exclusive operation;
4. To ensure policy and funding support to self-employed persons with disabilities in business;
5. To stipulate employers' obligations to provide disabled employees with necessary physical work conditions and security at workplace;
6. To guarantee that persons with disabilities at workplace enjoy equal treatment in safety and protection, on-duty training, vacation with pay and dispute resolving process;

Article 9

States Parties recognize the rights of persons with disabilities to social security, insurance and welfare, and shall take measures, especially:

1. To guarantee that persons with disabilities shall be included in national social security and other pubic welfare system, considering more preferential treatment in particular for those unemployed, pregnant, sick, aged and retired persons with disabilities;
2. To incorporate persons with disabilities into all kinds of insurance programs and eradicate all discriminatory provisions against persons with disabilities;
3. To provide care and relief to those persons with disabilities with no employable expectation, no caregivers and no financial resources to support their basic living needs;
4. To guarantee that persons with disabilities not to be deprived of any opportunity to enjoy social security services due to their lack of stable or full time job;
5. To guarantee the minimum living standard of persons with disabilities in poverty and give special benefit and assistance to those in special difficulties;

Article 10

States Parties recognize the rights of persons with disabilities to full participation in social, cultural, sports and recreation life, and shall take measures, especially:

1. To guarantee all kinds of public facilities and venues of culture, arts, recreation, tourism and sports open to persons with disabilities; abolish any discriminatory practices;
2. To provide accessible facilities and services for persons with disabilities through building non-handicapping environment,
3. To encourage and promote persons with disabilities to participate in cultural, arts and sports activities and in national and international tournaments specially organized for persons with disabilities;
4. To support special arts of persons with disabilities to tap with their potentiality in area of arts;
5. To establish research funds and incentive policies of culture, arts, tourism and sports for persons with disabilities.

Article 11

States Parties recognize the rights of persons with disabilities to marriage and family life, and shall take measures, especially:

1. To ensure no discrimination against persons with disabilities in their marriage, re-production, family life and inherited entitlements;
2. To criminalize domestic violence against family members with disabilities;
3. To guarantee the persons with disabilities the access to sexuality education and family planning services needed;
4. To provide pregnant women with disabilities medical guidance and supervision needed on equal basis and to respect their rights of choice of their autonomy;

Article 12

States Parties shall respect, promote and guarantee the rights of persons with disabilities in all legal proceedings, and shall take measures, especially:

1. To recognize that hatred crime against persons with disabilities is a aggravated criminal behavior;
2. To adopt measures to guarantee the enjoyment of full rights of persons with disabilities in all legal proceedings and the realization of the rights;
3. To respect the dignity of persons with disabilities in proceedings;
4. To provide services of interpreting, translation, sign language to persons with disabilities and free legal assistance to those in economic difficulties;
5. To establish protective services and compensatory mechanism for crime victims with disabilities;

EU Proposal:

AUTONOMY

Article 7

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

1. ensure that persons with disabilities enjoy equal rights of participation in decision making particularly where affecting the freedom of choice in their private lives;
   
2. prohibit and prevent any cruel, inhuman or degrading treatment of persons with disabilities, in particular in situations of forced intervention or institutionalisation;
   
3. take appropriate measures to protect persons with disabilities from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation;
   
4. take appropriate measures to ensure that persons with disabilities are not deprived of their liberty save in accordance with a procedure established by law and with the application of relevant legal safeguards;
   
5. take measures to ensure that persons with disabilities are not subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence;
   
6. eliminate discrimination against persons with disabilities in all matters relating to personal relationships, marriage and family relations;
   
7. take appropriate steps to ensure the progressive realisation of the right to an adequate standard of living for persons with disabilities and their families, including adequate food, clothing, housing, and the continuous improvement of living conditions.

PART IV: PARTICIPATION AND INCLUSION

Article 8

In order to secure full and effective participation and inclusion in society on an equal basis for persons with disabilities, States Parties undertake in particular to:

1. take appropriate measures to identify and eliminate obstacles to accessibility, including inter alia architectural, sensorial and cultural barriers;
   
2. promote equal access to information and means of communication;
   
3. promote an environment in which persons with disabilities can effectively and fully participate in political and public life, directly or through freely chosen representatives;
   
4. promote an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, including by participating in non-governmental organisations and associations;
   
5. take appropriate measures to promote integration of persons with disabilities in schools, the workplace and in all fields of social life, including inter alia in recreational activities, sports, culture and tourism;

India:

Article 6: Accessibility

State Parties shall recognize the right of persons with disabilities to freedom of movement, accessible environments, communication and information in accessible formats, which will promote their autonomy, independence, and full participation in all activities.

States Parties shall legislate or take steps to ensure that:

(a) Public services and facilities for public use have both outdoor and indoor adaptations necessary to facilitate access, use, and easy movement for persons with different forms of disabilities.

(b) Public transport services including public vehicles allow the access and mobility of persons with all types of disabilities.

(c) The construction and adaptation of buildings comply with regulations governing codes of accessibility for all persons with disabilities.

(d) Ensure that public information services are accessible to all, using appropriate technologies.

(e) Encourage the mass media to make their services accessible to persons with all types of disabilities.

(f) Promote, through large awareness campaigns, information to persons with disabilities and their families about their rights, the means of demanding as well of enforcing the same.

(g) Provide legal counseling and interpretation or translation services to all persons with disabilities to ensure that opportunities for securing justice are not denied by reason of their disabilities.

(h) Guarantee exercise of the right to universal suffrage of all persons with disabilities and, for that purpose, include in election mechanisms, the use of postal ballot, instruments and specialized technologies for each type of disability.

(i) Promote the participation, under conditions of equality, of persons with disabilities in positions of popular election, political parties, social organizations, and in public administration from village to national levels.

Article 7: Right of Access to Information

(a) 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 Sign Language, 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.

(b) State Parties shall provide all necessary support to enable the full realization of this right.

Article 8: Right to Participation

(a) Guarantee the rights of persons with disabilities to freedom of association and to form their own organizations. In case of severely, intellectually and multiple disabled persons, their related family members may represent them in self help advocacy groups.

(b) Promote the participation of persons with disabilities and related parents associations, in the development of all government policies, programmes and plans relating to disability.

(c) Promote the participation of persons with disabilities in any field of their choice, including sports, culture and recreation.

Article 9: Right to Health

State Parties shall promote access for persons with disabilities to the appropriate medical, and rehabilitation services so as to guarantee their right to health and to independence. To this end, States Parties shall:

(a) Ensure that all medical and nursing staff, as well as other healthcare professionals, are properly qualified and have access to the appropriate technologies and methods for the early detection, rehabilitation, and treatment of persons with disabilities as well as information and skills in prevention of causes of disability.

(b) Ensure that persons with disabilities and their families have full information about treatment options, and that they are able to make their informed choices.

(c) Ensure that persons with disabilities or their families give their consent prior to being subjected to any kind of research or medical or scientific experiment.

(d) Ensure that appropriate procedures are introduced in respect of their consent to genetic research and biomedical and biotechnological advances that these are intended only for their improvement.

(e) Ensure that public as well as private healthcare institutions, particularly the facilities for persons with psychosocial and intellectual disabilities, strictly follow a code of ethics which promotes care, openess, and quality where the living and service conditions ensure respect for human rights, for dignity and for the autonomy of persons with disabilities.

Article 10: Right to Education & Cultural Life

(a) State Parties shall recognize that persons with disabilities have the right to receive an education that furthers their overall development, autonomy, and participation, under conditions of equality, in public and private spheres.

(b) State Parties shall include the specific educational needs of persons with disabilities in national education policies, plans, and programs and shall endeavour to provide the resources needed to allow their inclusion in the formal education system.

(c) State Parties shall guarantee other methods of appropriate teaching, with curricula common to that of formal education, solely for persons with disabilities who choose to enter alternative educational systems such as inclusive, integrated, special, and open education systems, distance education, as well as interactive learning systems at school, college and university levels of learning in an accessible environment taking into account specific needs of different disability groups.

(d) State Parties shall ensure the provision and ongoing training of mainstream and specialized human resources at pre-service, in-service, and continuing service levels that will support the empowerment process of persons with disabilities in formal and other education methods, and promote the training and hiring of teachers, instructors, and specialists with disabilities

(e) State Parties shall ensure that students with disabilities receive the appropriate equipment, technical assistance, teaching / learning materials, scholarships, transport assistance and all other enabling technologies which will enable them to access and participate in curricular and extracurricular activities.

(f) State Parties shall provide for recreational, cultural, and sports activities through adaptations which facilitate their use.

(g) State Parties shall set in place, a system of scholarships or special incentives for cultural, artistic, and sports activities.

(h) State Parties shall ensure that students with disabilities have access to appropriate educational devices which will promote their fullest development.

(i) State Parties shall 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:

1. Have the equal opportunity to organize and participate in sporting activities and to receive quality instruction and training as is available to other participants;
2. Have effective access to sporting venues, as well as to other recreational activities; and
3. Have access to services from those involved in the organization of sporting or leisure activities

Article 11 - Right To Rehabilitation Services

(a) State Parties shall provide financial and other support for the establishment, maintenance and expansion of a continuum of rehabilitation services in prevention of secondary disabilities, early detection, early intervention, preschool training, physiotherapy, speech, occupational therapy, vocational and job training, including indigenous methods of rehabilitation therapies, and to undertake all efforts that will ensure the realization of the full potential of persons with disabilities.

(b) State Parties shall make provision to update/upgrade Vocational Training Centres to include employment oriented courses in keeping with current requirements, for example; Information and Communication technology.

(c) State Parties shall make possible indigenous and state-of-art assistive devices like wheelchairs, Assistive Software (for example, speech reading software for visually impaired persons).

(d) State Parties shall ensure that these rehabilitation services are accessible, affordable, and available through developmental organizations that are community based as well as through institution based service delivery systems.

(e) State Parties shall ensure the establishment of Respite and Residential Care facilities for persons with disabilities whose conditions are more challenging because of multiplicity of difficulties, poverty, destitution and neglect provided that the decision lies with the persons with disabilities and/or their families.

(f) State Parties shall encourage multi-sectoral linkages and convergence between Government, non- government organizations, corporate sector, persons with disabilities and their families, donor agencies and civil society.

(g) State Parties shall ensure that the disability dimension is incorporated in all country-specific initiatives and policies, which are aimed at the developmental needs of the general population.

Article 12: Right to Work

State Parties shall recognize the right of persons with disabilities to work and to have the freedom to choose their professions and jobs, and will adopt all measures necessary for their participation, under conditions of equality, in the labor market. For this purpose, State Parties shall:

(a) Ensure that individual and collective labour agreements and regulations protect persons with disabilities with regard to employment, continuance in employment in case of disablement, career advancement, working conditions, grievance redressal and ensure the exercise of their labour rights.

(b) Prohibit and abolish any discriminatory regulations and practices which restrict or deny persons with disabilities access to, continuance in and promotion within, the labor market.

(c) Promote the adoption of positive measures that allow persons with disabilities access to and continuance in employment both in the public and private sector.

(d) Promote the specific inclusion of persons with disabilities in mainstream vocational training programmes

(e) Ensure the inclusion of disabled persons in Government programmes aimed at the eradication and alleviation of poverty.

(f) Guarantee the rights of persons with disabilities to an equal compensation for equal work in case of gainful occupation.

(g) Promote workplace training, instruction, and in-service training for persons with disabilities.

(h) Promote the adaptation and flexibility of workplaces, work instruments, enabling technologies and working hours to make them more accessible for persons with disabilities.

(i) Grant incentives for companies and establishments that employ persons with disabilities and facilitate their freedom to attend medical appointments and undergo therapy, wherever necessary.

(j) Encourage banks and other financial institutions to support the self-employment of persons with disabilities with special support benefits for the self-employment of women with disabilities, and self-employment of parents/guardians of persons with intellectual, severe and multiple disabilities.

Article 13: Right To Social Security

State Parties shall pledge to eliminate all norms and practices which restrict access for persons with disabilities to the benefits of social security and to this end, they shall adopt the following measures:

(a) Develop social security programs and measures that cater to the specific needs of persons with disabilities with special provisions for women/girls with disability, who are orphaned, abandoned and destitute, as well as other persons who face multiple disadvantages.

(b) Promote the establishment, under governmental housing programs, of specific percentages of housing to be earmarked for persons with disabilities and their families.

(c) Ensure that people who assist or look after persons with disabilities, including their relatives, have adequate training support and financial assistance, particularly in the case of persons from low income families and those with intellectual and severe forms of disability.

(d) Ensure that persons with disabilities have entitlements and access to legal guardianship for the protection of their person as well as of their property, if they or their family members so desire.

(e) Ensure that necessary schemes are evolved and implemented towards insurance of life, health, assistive devices and property of persons with disabilities

(f) Promote the elimination of import duties on technical equipment and such material as may be required by persons with all forms of disabilities.

(g) Ensure that persons with disabilities have tax exemptions and benefits in respect of their incomes under the National Laws.

Article 14: Right to Implementation of Measures

State Parties shall agree to consult and collaborate with each other, for putting into practice the content of this Convention, as well as to work together in a spirit of cooperation to achieve its objectives. To this end, they commit to:

(a) To conduct periodical surveys of persons with disabilities

(b) Design programs which facilitate the implementation of the Convention, based on the Standard Rules on the Equalization of Opportunities for Persons with Disabilities and other instruments, which promote their human rights and dignity.

(c) Exchange the latest advances and information in scientific research and the development of technology pertaining to seamless integration of persons with disabilities and the elimination of obstacles that restrain their autonomy, independent living and full enjoyment of rights, as well as the development of national capacities.

(d) Promote courses, seminars, and workshops for training, research and sharing of best practices.

(e) Incorporate the rights of persons with disabilities into the mandates of the bodies and relevant organizations of the United Nations, as well as in the elaboration of programs to take care of the needs of disabled persons.

Mexico:
Article 6

States Parties recognize the right of persons with disabilities to freedom of movement and to have an accessible environment to guarantee their autonomy, independence, and full participation in all activities.
States Parties shall legislate or take steps to ensure that:

1. Urban outfitting and public services and facilities for public use have the adaptations necessary to facilitate access, use, and circulation for persons with disabilities.
2. Vehicles and public transport services allow the access and mobility of persons with disabilities.
3. The existence of adaptations, signposting, and basic forms of communication for the freedom of movement and access to all public services and those available to the public.
4. The construction and adaptation of housing comply with regulations governing accessibility for persons with disabilities.

Article 7

States Parties shall promote access to different forms of alternative communication for persons with sensorial disabilities, as well as promoting the linguistic rights of persons who use such forms.

Article 8

States Parties shall guarantee the right to information of persons with different kinds of disabilities. To this end, they shall adopt, among others, the following measures:

1. Ensure that public information services are accessible, using appropriate technologies.
2. Encourage the mass media to make their services accessible to persons with disabilities.
3. Promote through information campaigns, awareness of the rights intrinsic to persons with disabilities and the means by which to enforce these rights.

Article 9

States Parties recognize that persons with disabilities are particularly vulnerable to different forms of violence, as well as torture and other cruel, inhumane or degrading treatment or punishment, in public and private spheres. Therefore, States shall guarantee respect for the dignity and integrity of persons with disabilities.

Article 10

1. States Parties shall promote respect for the human rights of persons with disabilities in all legal proceedings and, therefore, likewise commit to:
   1. Provide legal counsel and interpretation or translation services, free of charge, to all persons with disabilities.
   2. Prohibit all forms of discrimination during legal proceedings or the serving of a prison sentence.
   3. Consider or categorize such discrimination as aggravated criminal behavior when committed against persons with disabilities.
   4. Ensure that protection services are offered and compensation measures are established in favor of persons with disabilities who have become victims of crime.
2. States Parties shall adopt measures to comply with these dispositions, which, among other things, shall include the sensitizing and training of public officials responsible for law enforcement and administration, with regard to the rights contained in this Convention.

Article 11

States Parties to this Convention recognize the political rights of persons with disabilities and pledge to take steps to guarantee their full participation in political life, adopting, among others, the following measures:

1. Guarantee exercise of the right to universal and secret suffrage of all persons with disabilities and, for that purpose, include in election mechanisms the use of instruments and specialized technologies for each type of disability.
2. Guarantee the right to information of persons with disabilities so as to assist them in the decision-making process and in participating in political affairs.
3. Promote the participation, under conditions of equality, of persons with disabilities in positions of popular election, political parties, social organizations, and in public administration.
4. Guarantee the right of persons with disabilities to freedom of association and to form their own organizations.
5. Promote the participation of persons with disabilities and their organizations in the design of government policies relating to disability.

Article 12

1. States Parties recognize that persons with disabilities have the right to receive an education of quality that furthers their integral development, independence, and participation, under conditions of equality, in public and private spheres.
2. States Parties shall include the specific educational needs of persons with disabilities in national education policies, plans, and programs and shall provide the resources needed to allow their inclusion in the formal education system.

3. States Parties shall guarantee the presence of other methods of quality teaching, with curricula common to formal education, solely for persons with disabilities who choose to enter another educational system such as integrated, special, and open schools, as well as interactive learning systems. In order to attain the above-mentioned objectives, States Parties shall:

1. Ensure that students with disabilities have access to information regarding the education options available so they may exercise their right to select the appropriate teaching model.
2. Guarantee that persons with disabilities will receive a public education, free of charge, in all education methods and levels, giving priority to those living in situations of extreme vulnerability.
3. Ensure the provision and ongoing training of specialized human resources that support the teaching process of persons with disabilities in formal and other education methods, promoting the training and hiring of teachers, instructors, and specialists with disabilities.
4. Include information and communications technologies in learning processes.
5. Ensure that regular programs with the necessary adaptations are the referent for the education of persons with disabilities in other education methods, and, that specialists and persons with disabilities and their families are involved.
6. Ensure that students with disabilities receive the equipment, technical assistance, and teaching and learning materials that will enable them to access and participate in curricular and extracurricular activities.
7. Promote access for students with disabilities to scholarships and financing resources.

Article 13

States Parties shall promote access for persons with disabilities to the medical and rehabilitation services they require so as to guarantee their right to health and to foster their autonomy and independent lives. To this end, States Parties shall:

1. Ensure that all medical and nursing staff, as well as other healthcare professionals, are properly qualified and have access to the appropriate technologies and methods for the treatment of persons with disabilities.
2. Ensure that persons with disabilities are able to decide on their treatment by providing them with the information necessary to do so.
3. Guarantee that persons with disabilities, especially breastfeeding mothers, children, and the elderly, receive quality medical attention within state healthcare systems.
4. Ensure that persons with disabilities give their consent prior to being subjected to any kind of research or medical or scientific experiment and likewise ensure that the genetic research and the biomedical and biotechnological advances are intended for their improvement.
5. Adopt all measures necessary to guarantee that the medical, rehabilitation, and assistance services provided to persons with disabilities include the following:
   1. Opportune detection, diagnosis, and treatment.
   2. Modern medical assistance and treatment that include the use of new technologies.
   3. Counseling, as well as social, psychological and other assistance for persons with disabilities and their families.
   4. Training in self-care activities, including aspects of mobility, communication, and skills for everyday living.
   5. The provision of medication, technical assistance with mobility, and other special devices they may require.
6. Ensure that public as well as private healthcare institutions, particularly psychiatric ones, are monitored by the health and human rights authorities to ensure that the living conditions and treatment administered therein to persons with disabilities grant respect for their human rights and dignity.

Article 14

States Parties recognize the right of persons with disabilities to work and to freely choose their professions and jobs, and will adopt all measures necessary for their participation, under conditions of equality, in the labor market. For this purpose, States Parties shall:

1. Guarantee that individual and collective labor agreements and regulations protect persons with disabilities in regard with employment, job promotion, and working conditions, and, ensure the exercise of their labor rights.
2. Prohibit and abolish any discriminatory regulations and practices which restrict or deny persons with disabilities access to, and continuance and promotion within the labor market.
3. Guarantee the right of persons with disabilities to an equal wage for work of equal value.
4. Promote the adoption of positive measures that allow persons with disabilities access to and continuance in employment.
5. Promote workplace training, instruction, and updating for persons with disabilities.
6. Promote the adaptation of workplaces, work instruments, and working hours to make them accessible for persons with disabilities.
7. Grant incentives for companies that hire persons with disabilities and facilitate their freedom to attend medical appointments and undergo therapy.
8. Implement awareness campaigns to overcome negative attitudes and prejudices that affect persons with disabilities in the workplace.

Article 15

States Parties pledge to eliminate all norms and practices which restrict access for persons with disabilities to the benefits of social security and to this end, they shall adopt the following measures:

1. Guarantee that social security systems and other social welfare programs for the public in general do not exclude persons with disabilities, particularly in cases of unemployment, pregnancy, illness, elderly, and retirement.
2. Develop social security programs and measures that cater to the specific needs of persons with disabilities.
3. Take steps to facilitate access for persons with disabilities to the technical equipment and assistance necessary to raise their level of independence and the exercise of their rights.
4. Ensure that the lack of formal or permanent employment on the part of persons with disabilities does not curtail their access to social security services.
5. Promote the establishment, under governmental housing programs, of specific percentages of housing to be earmarked for persons with disabilities and their families.
6. Ensure that people who assist or look after persons with disabilities, including their relatives, have adequate training support and financial assistance, particularly in the case of persons with low incomes.
7. Establish norms whereby persons with disabilities are not discriminated against regarding the access to social security and public and private medical insurance.

Article 16

States Parties shall ensure that persons with disabilities have access to and the enjoyment of:

1. Recreational, cultural, and sports activities through adaptations which facilitate them the use of related facilities and services.
2. Their integration into routine sports activities and national as well as international competitions.
3. A system of scholarships or special incentives for cultural, artistic, and sports activities.

Venezuela:
Article 6

Access to the physical environment, housing and transport
The States parties to this Convention undertake to promote, regulate and update their domestic legislation in order to ensure that:

• Urban outfitting and public facilities and services have the adaptations necessary to facilitate access and use by and movement of persons with disabilities;
• Vehicles and public transport services allow access by and movement of persons with disabilities;
• Signs and basic forms of communication for freedom of movement and access to all services are installed;
• Construction and adaptation of housing comply with regulations governing accessibility for persons with disabilities;
• Specific percentages of affordable housing for persons with disabilities and their families and facilities for payment are mandated under government programmes in this area;
• Participation of organizations of persons with disabilities in the regulation of such measures is ensured.

Article 8

Access to information
States parties undertake to ensure that persons with disabilities and their families have access to full information on their rights and available services and programmes. To this end, they shall adopt, among others, the following measures:

• Develop strategies to make information services and documentation accessible for different groups of persons with disabilities, using appropriate technologies for each type of disability;
• Encourage the mass media, especially television, to make their services accessible to persons with disabilities;
• Ensure that government programmes offered to the general public consistently use simultaneous interpreters for persons with auditory impairments and language difficulties;
• Promote access to the use and operation of new technologies for persons with disabilities.

Article 9

Promotion of prevention
States parties shall take measures to prevent and reduce the incidence of disability. They undertake to:

• Adopt the programmes and actions necessary to eliminate the factors which give rise to or aggravate disabilities, such as poverty, unemployment, physical violence within and outside the home, early pregnancy, lack of medical monitoring and nutritional support during pregnancy, deficiencies in health-care and rehabilitation services, lack of services for older persons, accidents, drug and alcohol abuse, unsuitable medical practices and the existence of anti-personnel landmines;
• Provide information and services in order to detect and reduce early symptoms of disability in a timely manner.

Article 10

Health-care and rehabilitation services
States parties recognize that persons with disabilities have the right to receive the quality medical and comprehensive rehabilitation services that they require. To this end, they shall adopt appropriate measures to:

• Improve, adapt and modernize the provision of rehabilitation services so that they are sufficient to provide all persons with disabilities with health-care and rehabilitation services for each type of disability;
• Ensure that all medical and nursing staff, as well as other health-care professionals, are properly qualified, up to date in their knowledge, and have access to appropriate technologies and treatment methods in order to provide quality assistance to persons with disabilities;
• Ensure that persons with disabilities and their families participate in decision-making concerning the feasibility and type of medical or therapeutic treatment appropriate in each case;
• Guarantee that persons with disabilities, especially women, nursing mothers and children, receive quality medical attention within State health-care systems;
• Adopt all measures necessary to guarantee that the medical services provided to persons with disabilities include the following:
  • Early diagnosis and intervention;
  • Dignified, appropriate and modern medical assistance and treatment that includes the use of new technologies;
  • Psychological counselling and social and other assistance for persons with disabilities and their families;
  • Training in self-care activities, mobility and orientation, communication, and skills for everyday living;
  • An adequate coordination system for inter-institutional referral and counter-referral, as appropriate.

Article 11

Guarantee of personal dignity
States parties must ensure that persons with disabilities are not excluded from public health services or subjected without their freely obtained consent to any kind of medical or scientific experiment and that any kind of exploitation or abusive or degrading treatment in hospitals and psychiatric institutions is avoided.

Article 12

Permanent mental and intellectual disability
States undertake to adopt the measures necessary to improve mental health services and the quality of care and guarantee that persons suffering from permanent and severe mental illness and intellectual impairment are treated with due regard for their rights and dignity. To this end, they must ensure that:

• The diagnosis of a mental illness or an intellectual impairment is made in accordance with internationally accepted scientific standards;
• No person with an illness is subjected to physical restraint or involuntary seclusion without the intervention and authorization of the competent medical and legal authorities and the knowledge of his or her family;
• Public and private psychiatric institutions are subject to special regulations and strict supervision by the health authorities to ensure that the living conditions and treatment administered therein and the food provided to patients in those institutions are consistent with respect for their dignity and human rights;
• Persons employed in such institutions have proper professional qualifications, receive continuing training and are subject to periodic psychological, ethical and moral evaluation;
• Patients and their representatives or families have access to all information concerning them in the medical records maintained by the psychiatric institution and that mechanisms are in force for challenges or complaints in cases involving abuse or negligence.

Article 13

Education
States parties shall adopt all measures necessary to eliminate segregation and discrimination against persons with disabilities and to ensure their inclusion, retention and participation, under conditions of equal opportunity, in mainstream educational activities at all levels. To this end they shall:

• Include the education of persons with disabilities in national educational planning, curriculum development and school organization in order to guarantee their access to the mainstream educational system;
• Guarantee that persons with disabilities receive a public education, free of charge, in all education methods and levels;
• Promote the creation, production and distribution of teaching materials and technical assistance to meet the educational needs of persons with disabilities;
• Promote regulations to ensure that the design of school premises includes the infrastructure required to meet the specific needs of persons with disabilities;
• Create, design and adapt, within mainstream curricula, special teaching and evaluation systems suited to the specific needs of persons with disabilities;
• Establish continuing training and refresher programmes for teachers and teaching assistants involved in the education of persons with disabilities;
• Involve organizations of persons with disabilities in the studies needed for the adaptation of educational planning and curricula.

Article 14

Employment
States parties recognize the right of persons with disabilities to have a job appropriate to their condition, and undertake to adopt all measures necessary for their integration into the labour market, under conditions of equality. To this end they shall take, among others, the following steps:

• Design and implement policies that allow persons with disabilities access to and continuation in the labour market through the use of positive measures to promote their access to employment;
• Promote incentives so that individual and collective labour agreements protect persons with disabilities in the area of employment, job promotion and working conditions;
• Implement guidance, instruction, training, retraining, upgrading and employment programmes for persons with disabilities and persons who assist them;
• Grant fiscal and financial incentives and enact special regulations for companies which hire persons with disabilities and facilitate their freedom to attend medical appointments, undergo therapy and engage in any other activity required for their comprehensive rehabilitation;
• Prohibit any regulations and discriminatory practices which deny persons with disabilities access to employment or limit their opportunities for job retention and promotion;
• Promote regulations to encourage the design and adaptation of workplaces, working hours and work instruments to make them accessible for persons with disabilities;
• Prohibit any regulations and practices which discriminate against persons with disabilities in the area of wages, working conditions and benefits;
• Establish criminal, financial and administrative penalties for violation and disregard of rules and regulations or failure to implement recommendations which protect and promote the dignity and rights of persons with disabilities;
• Design and implement awareness-raising campaigns to overcome negative attitudes and prejudices that affect persons with disabilities in the workplace.

Article 15

Social security
States parties undertake to eliminate all laws and practices which limit the right of persons with disabilities to social security benefits. They shall ensure recognition of this right by adopting measures to:

• Guarantee that social security systems and other social welfare programmes for the general public do not exclude persons with disabilities;
• Design and implement social security programmes that cater for the specific needs of persons with disabilities;
• Ensure that the lack of formal or permanent employment on the part of persons with disabilities does not curtail their access to social security services;
• Provide the specific types of technical aids to mobility, transfer, auditory or visual perception and other special devices that persons with disabilities require for the improvement of their quality of life and their social inclusion and integration.

Article 16

Protection of families
States parties recognize that persons with disabilities are fully entitled to form their own families, except in serious cases of mental deficiency as established by national laws. To this end, they shall take measures to guarantee that:

• Laws do not discriminate against persons with disabilities in respect of marriage, procreation and inheritance;
• Persons with disabilities have the sex education and family planning information they need;
• Special protection and support are promoted for women with disabilities during pregnancy, the post-partum period and breastfeeding;
• Campaigns are undertaken to change negative attitudes and social prejudices towards sexuality, marriage and parenthood of persons with disabilities.

Article 17

Sexual abuse and institutional violence
States parties recognize that persons with disabilities are vulnerable to various forms of sexual abuse in educational, employment and health-care centres and to physical and psychological violence within the family. They therefore undertake to:

• Characterize violence within and outside the home and sexual abuse committed against persons with disabilities as offences under national law and to adopt the measures needed to penalize them;
• Promote measures to ensure that guidance and protection services in respect of these types of abuse are offered as part of rehabilitation services;
• Provide persons with disabilities and their families with information concerning the measures adopted to prevent violence and various forms of sexual abuse within and outside the home.

Article 18

Social integration and participation
States parties recognize the right of persons with disabilities to participate fully in social, cultural, sports and recreational activities. To this end they shall adopt the following measures:

• Include in national laws, regulations and quality standards the obligation to provide adapted facilities to afford persons with disabilities access to and use of facilities and services in educational, social, cultural, artistic, sports and recreational centres;
• Encourage national sports organizations to promote and generate programmes which facilitate the integration of persons with disabilities into their routine activities and national and international competitions;
• Promote the establishment of scholarship programmes and special incentives to facilitate access by persons with disabilities to artistic and sports activities;
• Hold systematic consultations with organizations of persons with disabilities concerning the creation and development of social, cultural, artistic, sports and recreational programmes;
• Encourage persons with disabilities to exercise the right to use public spaces of a social, cultural, sports and recreational character.

Article 19

Political rights
The States parties to this Convention undertake to:

1. Guarantee the exercise of the right to universal and secret suffrage of all persons with disabilities and, for that purpose, include in election mechanisms the use of instruments and specialized technologies for each type of disability or stipulate that aides shall be made available to provide assistance in voting.
2. Repeal laws and regulations that impede or limit the access of persons with disabilities to civil service posts and as candidates for elective office.
3. Guarantee and protect the right of persons with disabilities to freedom of association and to form their own organizations in order to participate in political and social processes.

Article 20

Legal aid
States parties undertake to ensure that all prosecuted or convicted disabled persons enjoy all their rights, especially the right to have the free assistance of interpreters, translators or paralegal specialists to conduct their defence and the right to receive specialized health and rehabilitation services.

Seminar of Quito:
proposed the following changes and additions to the text presented by Mexico:

On article 6:

Suggested title: Access

States Parties recognize the right of persons with disabilities to freedom of movement and to have an accessible environment to guarantee universal design, their autonomy, independence, security and full participation in all activities.

States Parties shall legislate or take steps to ensure that:
a) Urban outfitting and public services and facilities for public use have the adaptations necessary to facilitate access, use, services and circulation and evacuation in emergency situations for persons with disabilities.

d) The construction and adaptation of housing comply with regulations governing accessibility for persons with disabilities using Universal Design principles.

Article 7:

Suggested title: Alternative communication

States Parties shall promote access to different forms of alternative communication for persons with sensorial disabilities, as well as promoting the linguistic rights of persons who use such forms and will promote the creation of training services for interpreters that will make the diverse forms of communication possible, including sign language, Braille and other forms of communication.

Article 8:

Title: Accessible communication

b) Encourage and obtain the commitment of the mass media to make their services accessible to persons with disabilities.

Add: Ensure that the design of Web pages is accessible by use of universal standards.

Article 9:

Suggested Title: Violence

States Parties recognize that persons with disabilities are particularly vulnerable to different forms of violence, as well as torture and other cruel, inhumane or degrading treatment or punishment and exploitation, in public and private spheres. Therefore, States shall guarantee security and respect for the dignity and integrity of persons with disabilities.

A suggestion was made to include the issue of "overprotection" in this article.

Article 9 bis. Rural areas

States Parties shall take into account the particular problems faced by people with disabilities and families living in rural areas and the significant roles which families play in their economic survival, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to people with disabilities and their families living in rural areas.

Article 10

Suggested Title: Legal processes

1.
b) Prohibit all forms of discrimination during legal processes or the serving of a prison sentence.

Article 11

Suggested title: Political rights

a) Guarantee exercise of the right to universal and secret suffrage, without prejudice to the rights to persons with disabilities to have assistance when voting, of all persons with disabilities and, for that purpose, include in election mechanisms the use of auxiliary measures and specialized technologies for each type of disability.

c) Promote the participation, under conditions of equality, of persons with disabilities in positions of popular election, political parties, social organizations, and in public administration and in the powers of the State.

e) Guarantee the active participation of persons with disabilities and their organizations in the design of government policies relating to disability.

Article 12:

Suggested Title: Education

1. States Parties recognize that persons with disabilities have the right to receive an education of quality over their whole lifetime that furthers their integral development, independence, and participation, under conditions of equality, in public and private spheres.

In order to attain the above-mentioned objectives, States Parties shall:

b) Guarantee that persons with disabilities will receive a public education, free of charge, of high quality in all education methods and levels, giving priority to those living in situations of extreme vulnerability.

d) Include appropriate information and communications technologies in learning processes.

Add:
h) Design and apply quality standards for public and private institutions, particularly of special education, that guarantee educational conditions with the framework of the human rights of persons with disabilities.

i) Guarantee that the educational system authorizes official certificates that recognize the skills and knowledge acquired by persons with disabilities during the process of apprenticeship.

j) Provide accredited technical training ('special') for those who need it.

Article 13:

Suggested Title: Health, habilitation and rehabilitation services

States Parties shall promote access for persons with disabilities to the medical, sanitary, habitation for those who are born with disabilities and integrated rehabilitation services they require so as to guarantee their right to health and to foster their autonomy and independent lives. To this end, States Parties shall:

a) Ensure that all medical and nursing staff, as well as other healthcare professionals, are properly qualified and have access to the appropriate technologies, periodic training and methods for the treatment of persons with disabilities.

e) Adopt all measures necessary to guarantee that the medical, rehabilitation, and assistance services provided to persons with disabilities include the following:
1. Prevention, Opportune detection, diagnosis, derivation and treatment.
3. Counseling and orientation, as well as social, psychological and other assistance for persons with disabilities and their families.
Include an item on sexual and reproductive health
4. Training in independent living, including aspects of mobility, communication, and skills for everyday living.
5. The provision of medication, technical assistance with mobility, and other special devices they may require.
Include in Art. 13 a prohibition against discrimination in adoption (related to discrimination in the formation of families)
Consider combining all habilitation and rehabilitation services as a specific article and including community-based rehabilitation services needed to support families, e.g., health promotion / education, not just limited to medical care and incorporating a more holistic approach.

Article 14:

Integration in the labour force
States Parties recognize the right of persons with disabilities to work and to freely choose their professions and jobs, and will adopt all measures necessary for their participation, under conditions of equality, in the labor market. For this purpose, States Parties shall:

a) Guarantee that national and international labour legislations protects persons with disabilities in regard with employment, job promotion, and working conditions, and, ensure the exercise of their labor rights.

Include the accommodation of working conditions and access to work for family members of persons with disabilities.

d) Formulate, establish and periodically review a national policy of positive action that will promote and facilitate the access of persons with disabilities to an open labour market, protected workshops and to opportunities for self-employment.

Add:
i) Implement penalties for employers whose failure to follow standards of industrial security has caused disability among their workers.

j) Establish the inalterabaility of the rights of workers who have become disabled as a result of negligence of their employers.

k) Guarantee professional rehabilitation, re-location or re-entry in work of persons who have acquired a disability as a result of accident in the workplace or a profession-related illness.

l) Urge unions to take into account the needs and rights of persons with disabilities in the union framework.

Article 16:

Suggested Title: Recreational and cultural activities and sports

States Parties shall ensure that persons with disabilities have access to and the enjoyment of:

1. Recreational, artistic, tourist, cultural, and sports activities through adaptations which facilitate them the use of related facilities and services.
2. Their integration into routine sports activities and those of high return in national as well as international competitions designed especially for persons with disabilities.
3. A system of scholarships or special incentives for cultural, artistic, tourist and sports activities

Bangkok Draft:

Article 11 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.

Article 12 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.]
[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.]

3. 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.

Article 13 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.
3.  
   1. 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.
   2. 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):
   1. where no specific period of detention or confinement has been specified by law or a court, or
   2. where the detention or confinement is based on the health or related status or condition of the person.
4. Every person with disability shall have the right of recognition before the law with full legal capacity until the contrary is proven.
5. 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.
6. In any matter related to or involving proceedings of any kind before a court or tribunal, or before an administrative or other authority:
   1. persons with disability shall have the right at all times to communicate and to receive communications in a language and in a form which enables the person with disabilities to understand and participate in the matter;
   2. persons with disability (including persons with a visual, hearing, or speaking disability) and deaf-blind persons shall have the right at all times to any assistance required by them in order to express their views and to participate in the proceedings;
   3. persons with disability who experience difficulty in asserting their rights, understanding information or in communicating, have the right to use assistants for the purpose of assisting them to understand information presented to them and to express their decisions, choices and preferences; and
   4. persons with disability who use assistive devices have the right to use those assistive devices at all times.

Article 14 Right of detainees to be treated humanely

Article 15 Liberty of movement, immigration and asylum

Article 16 Accessibility

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:
   1. Public buildings, roads and facilities for public usage;
   2. Public transportation facilities and services;
   3. Public housing and facilities, or those built or renovated with public funds. Private sectors shall be encouraged to take accessibility into consideration when they build or renovate housing or facilities;
   4. Public and private sector services, particularly health and education services;
   5. Employment and workplaces;
   6. Information and communication services including, for example, telecommunications, electronic banking and the mass media;
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.

Article 17 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:

1. persons with disabilities have access to high-quality mobility aids, devices and assistive technologies that will enable mobility with the greatest possible independence;
2. mobility aids, devices and assistive technologies are readily available to persons with disabilities at low or no cost through public subsidies and other programs designed to offset the extra costs of disability; and
3. the built environment is designed or adapted to facilitate the mobility of persons with disabilities with the greatest possible independence.

Article 18 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.

Article 19 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:

1. to ensure that sign language is recognized as one of the languages of the country.
2. with the participation of sign language users, develop a standard sign language for the State, train sign language interpreters, in order to fully guarantee communication for all people; and
3. to ensure that all audio information on television, movie, and other video media should be captioned or interpreted into sign language to enable all to access the information.

Article 20 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.

Article 21 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:
   1. no person with disability is institutionalised;
   2. persons with disabilities have access to a range of in-home, residential, and other community support services, necessary to effectively support community living; and
   3. general community services are available and responsive to the needs of persons with disabilities living in the community.
2. This right includes the right not to reside in an institutional facility.

Article 22 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.
6. 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.
7. Children and young persons with disabilities should have the right to have access and participation to regular education services.

Article 23 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:
   1. To guarantee the enjoyment of the right of persons with disabilities to elect and be elected, and for this purpose, to include in election mechanisms the use of appropriate, accessible and easy to understand communication, special and necessary instruments and technologies for the various needs of persons with disabilities;
   2. To guarantee the equal right of participation in the activities and administration of political parties, civil organization and public administration; and
   3. To guarantee the participation of persons with disabilities and their organizations in all decision-making processes, in particular those concerning issues relating to persons with disabilities.

   2.

   1. All persons with disabilities have the right to freedom of association.
   2. States Parties shall take all necessary measures to:
      1. recognize the right of persons with disabilities, their family members and supporters to form independent organizations for representation and self help; and
      2. provide recognition and financial support to such associations in order to promote the full realization of the rights of persons with disabilities.
   3. 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.

Article 24 Rights of members of minorities

1. In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, persons with disabilitiesbelonging 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.

Article 25 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.

Article 26 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:
   1. the adoption of programmes for the prevention of causes of secondary disabilities, early detection, early intervention, assessment and management of impairment;
   2. ensuring access by persons with disabilities to affordable and appropriate treatment and medication that they may need to improve and maximise their level of functioning;
   3. the provision of appropriate rehabilitation care and services, including:
      1. human resource development and training in the specialised areas of rehabilitation;
      2. rehabilitation services in public and private facilities;
      3. community-based rehabilitation, support groups and alternative systems of management, especially for those residing in rural, remote and hard to reach areas, in small island communities or in scattered populations;
      4. provision and maintenance of assistive devices;
      5. medical and health care curricula to include social aspects of disability, including discrimination, equality and respect.
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.

Article 27 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.

Article 28 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:
   1. to guarantee persons with disabilities to participate in the labour market under conditions of equal opportunity and the right to equal remuneration, by eradicating any discriminatory regulations and practices that restrict or deny persons with disabilities in job-seeking and securing, job retention and career advancement;
   2. to adopt policies and positive measures to realize this right, such as anti-discrimination legislation, quota and levy systems, affirmative action, as well as other employer incentives such as tax rebates or deductions, subsidies and preference in government contracting to benefit persons with disabilities;
   3. to guarantee that persons with disabilities at the workplace enjoy equal treatment with regard to safety and protection, workplace training, vacations with pay, and other benefits, as well as access to any applicable dispute resolution processes;
   4. to ensure policy and funding support for self-employment for persons with disabilities in rural or remote areas, in small island communities or in scattered populations, business and those in the informal sector;
   5. to provide for the development of alternative forms of community-based employment for persons with disabilities who may not have the capacity to work in the open labour market, in conditions which ensure useful and remunerative work and which provide opportunities for vocational advancement including transfer to open employment;
   6. to provide for vocational rehabilitation and return to work services, including vocational guidance, skills training and employment services and under the same conditions as non-disabled persons, with the necessary adaptations and assistance, as required; and
   7. to address the needs of persons with all types of disabilities, including the needs women with disabilities and persons with multiple disabilities in seeking to fulfil this right.

Article 29 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.

Article 30 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:
   1. have the opportunity to utilise their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community; and
   2. enjoy access to literature in a range of accessible formats, including in electronic text, Braille, and on audio tape, and through the captioning of television programs, movies, theatre etc; and
   3. enjoy access to places for cultural performances or services, such as theatres, museums, cinemas and libraries and the hospitality industry.
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:
   1. have the equal opportunity to organize and participate in sporting activities and to receive quality instruction and training as is available to other participants;
   2. have effective access to sporting venues, as well as to other recreational activities; and
   3. have access to services from those involved in the organization of sporting or leisure activities.

Article 31 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.

DPI Japan:

Article 6 Protection of the right to self-determination

Persons with disabilities have the right to be provided with the appropriate information, to make choices and to take decisions of their own - unless specific procedures are set by law - concerning their own living. Persons with disabilities have the right not to be subject to any interference, whether at their advantage or disadvantage.

Article 7 Rights concerning language and characters

1. Sign language is an independent language and, as such, shall be recognized as one equal to phonetic languages.
2. Persons with hearing-impairment have the right to make use of sign language whenever they feel it necessary
3. Braille shall be recognized as one form of writing.
4. Persons with visual disabilities have the right to make use of Braille.

Chapter II     Freedom from Ill Treatment

1. Persons with disabilities have the right to be free from fear of damages to their lives, bodies, properties and spirits caused by ill treatment (abuse, neglect, economic exploitation).

2. All forms of ill treatment against persons with disabilities shall be prohibited.

1. Persons with disabilities have the right to claim judicial and administrative remedies should they receive maltreatment.

Part III Social, Economic and Cultural Rights of Persons with Disabilities

1. Purposes of the Convention

State Parties shall confirm that persons with disabilities in their own States have the right to claim measures to ensure them an average-standard life of persons without disabilities in that state in all of the following: social, economic, cultural and other aspects of life.
State Parties shall confirm that the following measures shall not violate the civil liberties or persons with disabilities described in Part II of the treaty, and that the measures shall be actively guaranteed to ensure an average-standard life of persons without disabilities in their States, and shall be implemented.
Various measures taken by State Parties lie under the principle of normalization, and shall aim for persons with disabilities to live the same lives as persons without disabilities in the same communities. Treatment in facilities needs to be an exceptional option.
In implementing the measures below State Parties shall consider the particularities of the persons' disability, and in doing so it shall not create substantial disparity among persons with different types of disabilities, and active measures to avoid disparity to arise for difference in gender, age, race and cultural background.
In designing and implementing the measures below, State Parties shall allow participation of persons with disabilities concerned at all levels.

2. Right to income security

1. Persons with disabilities have the right to receive ample income security to be able to lead an independent community life.
2. To that end, State Parties shall establish an income security system such as a pension system. In implementing the income security system, duty to support dependants shall not be considered.

3. Right to assistance security

1. Persons with disabilities have the right to receive ample assistance security to be able to lead an independent community life.
2. To that end, State Parties shall establish an assistance security system regarding necessary support in order to constitute and maintain individual lives of persons with disabilities their families in their local communities. In implementing the assistance security system, duty to support dependants shall not be considered.
3. Facilities for admittance are not considered to be part of the assistance security system. Admittance facilities are for temporal emergencies, and shall only be allowed solely for extreme exceptional occasions.

4. Right to demand measures to guarantee civil rights

1. State Parties shall implement necessary measures to guarantee each right listed in Part II, civil freedoms of people with disabilities.
2. In the implementation of measures, State Parties shall allow participation of persons concerned with disabilities at all levels.

5. Right to administrative law of remedies procedures

1. In such cases where the rights of persons with disabilities are violated, State Parties shall establish a unified or specialized organization for administrative law of remedies for persons with disabilities that would allow for remediation in a simple, rapid and low cost manner meeting the Paris Principles relating to the Status of the National Human Rights Commission, and have positive correction order rights.
2. State Parties shall allow participation of persons with disabilities concerned at all levels of this organization.

WNUSP:

Freedom from torture, right to life, liberty, bodily and mental integrity

2. Every human being is a person. The status of personhood shall not be deprived on account of actual or perceived disability.

3. No person shall be deprived of the right to life or the right to reproductive choice on account of actual or perceived disability.

4. No person shall be detained, interned or confined involuntarily on account of actual or perceived disability.

5.

1. Unwanted medical or related interventions, and/or corrective surgeries, shall not be imposed on persons with disabilities.

2. Persons with disabilities have the same right to self-determination as persons without disability, including the right to accept or refuse treatment.

6. Medical and/or related interventions shall not be used for the purposes of coercion, intimidation, punishment, obtaining information or a confession, or for any reason based on discrimination of any kind.

7. No research shall be done on persons with disabilities absent their free informed consent. Research done in the disability field, and with persons with disabilities as subjects, shall conform to the standards of the Nuremberg Code.

8. All violence against people with disabilities shall be severely punished, whether it is done under state authority or otherwise, including violence in the home or by caregivers. Violence includes actions in violation of articles 4, 5, 6, 7 or 8 above, other physical assault, sexual assault, deprivation of food and water, etc.

Equality under the law

9. Laws regulating civil status and rights, civic obligations and punishment of crimes shall not differentiate between people on account of actual or perceived disability.

10. No person shall be deprived of the legal capacity to assert rights in her or his own behalf, having particular regard to the rights enumerated in this Convention.

11. Coercive public health powers, for instance to vaccinate or quarantine, shall not be used to retaliate or discriminate against people with disabilities.

Association and privacy

12. Persons with disabilities have the right to not have medical records or other records related to the disability disclosed to third parties without the person's prior consent.

13.

1. Persons with disabilities have the right to choice in living accommodations, such as the choice whether to establish a household as a single person or to establish a household with others of the person's own choosing, and the right to not reside in an institutional facility.
2. In order to facilitate exercise of this right, states shall ensure that persons with disabilities have an assured adequate income to maintain themselves in their own households, access to housing, and access to non-institutional services.

14. Persons with disabilities have the right to privacy in their homes or places of residence, including the right to choose and direct caregivers.

15. Persons with disabilities have the right to form families and to become parents, and to exercise parental rights and responsibilities, free from any form of discrimination.

Participation and dignity

16. Persons with disabilities have the same right as persons without disability to decent and respectful interactions.

17.

1. Persons with disabilities have the same right as persons without disability to meaningful participation in all matters that affect them. Specifically for service programs that means significant participation in formulation, implementation, monitoring and evaluation.
2. The disability perspective shall be mainstreamed in all aspects of public affairs, assessment of public needs and development of public services.

18.

1. Persons with disabilities have the right to have access to mass media to promote disability-affirmative cultural values.
2. Hate speech against persons with disabilities shall be punished.

Housing and other basic necessities

19.

1. Persons with disabilities have the right to enjoy access to the basic necessities of life for themselves and their families, including food, water, clothing, health care, personal care items, and housing as an independent household, and the right to an assured income that is sufficient to meet these needs. Services, devices and assistance for disability-related needs shall also be considered basic necessities of life for persons with disabilities.
2. Nothing in this article shall be interpreted to allow imposing any service or assistance on any person contrary to her or his own wishes.

20. Persons with disabilities have the right to temporarily leave their homes and enter a facility by choice for treatment or rehabilitation or respite, and to return to their former homes on completion of that purpose.

Employment

21.

1. Persons with disabilities have the right to work at an occupation of their choosing, the right to receive equal pay for equal work, the right to non-discrimination in all aspects of employment and collective bargaining arrangements, and the right to reasonable accommodation in the workplace.
2. Reasonable accommodation in workplace includes, inter alia, flexibility in schedule, job routines, supervision and training, and leaves of absence.

Health care

22. Persons with disabilities have the right to have access to a full range of health care and to exercise choice with respect to every aspect of their health care.

Monitoring of institutions

23. Persons with disabilities who reside in institutional facilities retain all the rights enumerated in this Convention, including the right to leave the institution if they so choose. National human rights institutions shall have the power and authority to inspect such facilities and enforce the observance of this Convention within them.

Non-discrimination and reasonable accommodation

24. Discrimination against people with disabilities in all its forms, including discrimination by public entities or in the provision of public services, shall be prohibited by law.

25. Disabled people have the right to enjoy access to goods and services on an equal basis with non-disabled people, and to participate on an equal basis in all governmental services and programs. Reasonable accommodation of persons with disabilities shall be provided to ensure such access and participation, and to ensure non-discrimination.

Persons entitled to claim rights

26. Any person with a disability, and any person subjected to adverse treatment on account of actual or perceived disability, or who has a record or history of either of the above, is entitled to claim rights under this Convention.

27. All types of disability are included under this Convention, whether physical, sensory, intellectual, mental, emotional or psychosocial, visible or invisible, and of temporary, permanent, intermittent or undetermined duration.

Submission December 2003

Right to be free from torture and other cruel, inhuman or degrading treatment or punishment

Everyone has the right to be free from forced or coerced interventions of a medical nature or otherwise, aimed at correcting, improving, or alleviating any actual or perceived impairment.

Medical, health care and social care interventions shall not be used on persons with disabilities for purposes such as coercion, intimidation, punishment, obtaining information or a confession, or for any reason based on discrimination of any kind.

Right to acceptable services

Persons with disabilities have the right to have access to services which are acceptable to them, and to personally authorize each service provided to them. The right to have access to a service may not be made dependent on accepting any other service (no bundling).

Right to liberty

No person shall be detained, interned or confined involuntarily on account of actual or perceived disability.

Disabled persons who are suspected, accused or convicted of crimes shall have the benefit of all national and international standards of due process, as well as accessibility rights enumerated in this convention and the right to supportive services and rehabilitation while serving a sentence.

Right to independent living

Persons with disabilities have the right to choose their way of life, such as where to live, with whom to live or to live alone, or to have their own families, and to the necessary financial and other support in order to effect this choice. This includes the right not to reside in an institutional facility.

Right to recognition everywhere as a person before the law

Everyone, including all persons with disabilities, has the right to recognition everywhere as a person before the law, with full legal capacity.

Persons with disabilities who experience difficulty in asserting their rights, understanding information presented to them or articulating or communicating their choices have a right to be provided with advocacy assistance and other reasonable accommodation with the aim of giving effect to the person’s own decisions.

Right to respite and rehabilitation

Persons with disabilities and their associates have the right to have a safe place to go for respite when their social relationships become difficult. Such respite shall be provided on a voluntary basis without any coercive detention or interventions. States undertake to collaborate with organizations of persons with disabilities to establish respite centers and staff them with individuals who have experience and training in disability-affirmative support for persons experiencing crisis.

Persons with disabilities have the right to self-directed rehabilitation, support and assistance.

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